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The Supreme Court yesterday affirmed the conclusion of both Judge Marrero and the Second Circuit (see our coverage here) that President Trump was not immune from a grand jury subpoena issued by the Manhattan District Attorney. Writing for a 7-2 majority, Chief Justice Roberts concluded that the immunity sought ran “against 200 years of precedent”:…
Continue Reading Case Over DA Subpoena to Trump Returns from Supreme Court to Judge Marrero

In an order yesterday, the Supreme Court, by a 5-4 vote, stayed a nationwide preliminary injunction Judge Daniels issued against a new rule redefining when those applying for legal residency can be denied admission as a “public charge” (see our prior coverage here).

Justice Gorsuch issued a concurring opinion, joined by Justice Thomas, expressing an interest in resolving the broader procedural question of whether District Judges should issue nationwide injunctions at all:…
Continue Reading Supreme Court Stays Judge Daniels’ Nationwide Injunction Against “Public Charge” Rule

The Supreme Court today, in an opinion by Chief Justice Roberts, largely affirmed Judge Furman’s conclusion (see here) that the Commerce Department’s decision to add a citizenship question to the 2020 census was based on a rationale —  to help enforce the Voting Rights Act — that was pretextual, and agreed that the matter must be remanded back to the agency to reconsider:…
Continue Reading Supreme Court Agrees With Judge Furman that Census Citizenship Question Was Added Based on “Contrived” Rationale

Today, the Supreme Court granted certiorari in two consolidated cases raising the question of whether sexual orientation discrimination violates Title VII.

One of the cases is Zarda v. Altitude Express, Inc., in which Judge Failla applied, but heavily criticized, binding Second Circuit precedent disallowing such claims.  The Second Circuit, sitting en banc, ultimately reversed…

On Friday, the Supreme Court, as expected, granted certiorari in the challenge pending before Judge Furman over the addition of a citizenship question to the census.  The question presented concerns whether it is appropriate to order discovery outside the administrative record (such as the deposition Judge Furman had earlier ordered of Commerce Secretary Wilbur…

Yesterday, the U.S. Supreme Court held that New York State’s law preventing merchants from charging an additional fee for using a credit card (see our previous coverage here) regulates speech, and remanded the case to the Second Circuit to determine whether the law can survive First Amendment scrutiny.  Judge Rakoff had initially ruled in favor of the merchants, but the Second Circuit found that the law was permissible as it only regulated the relationship between the two prices rather than speech.

In an opinion by Chief Justice Roberts, the Court found otherwise:…
Continue Reading SCOTUS: NY Credit Card Surcharge Law Regulates Speech