June 21, 2018 | National Law Journal
A Kennedy Concurrence Fuels Speculation on Chevron's Future—And HisJustice Anthony Kennedy sharply criticized the Chevron doctrine, raising questions about the future of judicial deference to federal agencies, and adding to the buzz in Washington about whether he will stay or leave the court.
By Tony Mauro
2 minute read
June 21, 2018 | National Law Journal
Supreme Court's Internet Sales Tax Ruling Is Billion-Dollar Boon for StatesThe U.S. Supreme Court says states are allowed to collect sales taxes from online retailers that don't have a have a physical presence in their borders. By a 5-4 vote in the case South Dakota v. Wayfair, the majority overturned the court's 1992 decision in Quill v. North Dakota, which had affirmed the “physical presence” test for state sales-and-use tax collections.
By Tony Mauro | Marcia Coyle
4 minute read
June 21, 2018 | National Law Journal
US Supreme Court Says SEC In-House Judges Are More Than 'Mere Employees'But the court does not address DOJ's request about the power of the president to fire officers of the United States. "No court has addressed that question, and we ordinarily await 'thorough lower court opinions to guide our analysis of the merits,'" Justice Kagan wrote.
By Tony Mauro
2 minute read
June 20, 2018 | National Law Journal
'In Chambers' Supreme Court Opinions Get Rare Nod in Gerrymandering RulingThe court's website lists only three chambers opinions since 2014. "You used to get six, eight, 10 a term at one point," said Ira Matetsky, a partner at Ganfer & Shore in New York and an aficionado of the court's "in chambers" opinions.
By Tony Mauro
2 minute read
June 20, 2018 | Supreme Court Brief
Two Big Ducks: What Are the Lessons? | Clement, the SG and Tweeting Judges | Plus: Rod's 1-0 at SCOTUSWhat to make of two cases—Masterpiece and Gill v. Whitford—that perhaps didn't live up to the hype? We asked around. Plus: Paul Clement takes on SG Noel Francisco over a federal judge's twitter account. And Rod Rosenstein's undefeated at SCOTUS. Thanks for reading—and subscribing to—Supreme Court Brief!
By Tony Mauro | Marcia Coyle
2 minute read
June 18, 2018 | National Law Journal
Justices Add Key Cases on Apple's Antitrust Woes, Asset Forfeiture and Securities FraudU.S. Solicitor General Noel Francisco also urged the justices to grant review in the Apple antitrust case, which will be argued this fall. “The importance of the question presented will only grow as commerce continues to move online,” he wrote. The Apple dispute was one of five case the justices added to their argument docket for the 2018-2019 term.
By Tony Mauro
1 minute read
June 18, 2018 | The Recorder
SCOTUS Takes Up Key Antitrust Case Over Apple's 'App Store' ModelU.S. Solicitor General Noel Francisco also urged the justices to grant review in the Apple antitrust case, which will be argued this fall. “The importance of the question presented will only grow as commerce continues to move online,” he wrote. The Apple dispute was one of five case the justices added to their argument docket for the 2018-2019 term.
By Mike Scarcella
1 minute read
June 14, 2018 | National Law Journal
Supreme Court Justices Continue to Shed Stock Holdings, New Disclosures ShowChief Justice John Roberts Jr. and Justices Samuel Alito Jr. and Stephen Breyer each reported selling stock holdings, according to the latest financial disclosure forms, released Thursday. Other stock sales reported in the forms also help explain justices' recusal behavior in cases before the Supreme Court.
By Tony Mauro | Marcia Coyle
2 minute read
June 14, 2018 | National Law Journal
Rare Alliance Between Class Action Plaintiffs, US Chamber Prevails at Supreme CourtThe U.S. Supreme Court's ruling Thursday was a boost to class action plaintiffs in dispute over vitamin C. Foreign law deserves "respectful consideration," Justice Ruth Bader Ginsburg wrote, but it doesn't decide this class action.
By Tony Mauro
4 minute read
June 14, 2018 | International Edition
Courts Not Bound by Foreign Governments' Statements Regarding Their Laws, Says US Supreme CourtThe U.S. Supreme Court's ruling Thursday was a boost to class action plaintiffs in dispute over vitamin C. Foreign law deserves "respectful consideration," Justice Ruth Bader Ginsburg wrote, but it doesn't decide this class action.
By Mike Scarcella
1 minute read
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