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
Supreme Court
Supreme Court Stays Judge Daniels’ Nationwide Injunction Against “Public Charge” Rule
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
Supreme Court Agrees With Judge Furman that Census Citizenship Question Was Added Based on “Contrived” Rationale
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
Supreme Court Grants Cert in SDNY Case to Address Whether Sexual Orientation Discrimination Violates Title VII
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…
Supreme Court Grants Cert to Review Judge Furman’s Striking Citizenship Question from Census
The order is here, and the filings are assembled at this SCOTUSblog page.
Our prior coverage of the case is here.
Supreme Court Grants Cert in Case Over Census Citizenship Question; Government Asks to Halt SDNY Proceedings
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…
Supreme Court Temporarily Halts Wilbur Ross Deposition; Hints That It Will Grant Cert on the Issue
In an Order this evening, the Supreme Court issued a temporary stay of any deposition of Commerce Secretary Wilbur Ross in the case challenging the constitutionality of adding a question about citizenship status to the 2020 U.S. census questionnaire. Judge Furman had ordered the deposition to go forward (see our coverage here). The stay…
SCOTUS: NY Credit Card Surcharge Law Regulates Speech
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
Supreme Court Grants Cert in Case Challenging New York’s Credit Card Surcharge Ban
Today the Supreme Court granted certiorari in a First Amendment challenge to New York’s ban on credit card surcharges. The law allows merchants to charge different prices for cash and credit card purchases, but, according to the plaintiffs, it violates the First Amendment by prohibiting them from calling the extra charge for credit card purchases…
Supreme Court Agrees With Judge Forrest on Separation-of-Powers Question in Iranian Asset Case
The Supreme Court today affirmed, by a 7-2 vote, a judgment originally from Judge Forrest (see our coverage here) concluding that a law pertaining to the seizure of Iranian assets was not, as the defendants contended, effectively a direction to decide a single pending case in one side’s favor, in violation of the…