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National Law Journal | Analysis
By Jimmy Hoover | June 13, 2024
Judges should be "very, very careful" about using historical evidence in constitutional adjudication," Justice Amy Coney Barrett has said, adding that citations to favorable historical practices can be like "looking over a crowd and picking out your friends."
By Jimmy Hoover | June 13, 2024
The justices held that a lower court had applied a watered-down version of the test necessary to decide whether to grant a National Labor Relations Board request for an injunction.
By Jimmy Hoover | June 13, 2024
In his opinion for the court, Justice Clarence Thomas wrote that "history and tradition is sufficient to conclude that the names clause—a content-based, but viewpoint-neutral, trademark restriction—is compatible with the First Amendment. We need look no further in this case."
By Jimmy Hoover | June 13, 2024
The decision is a major victory for the Biden administration, which appealed a recent U.S. Court of Appeals for the Fifth Circuit decision that the FDA's actions easing access to mifepristone were unlawful.
By Jimmy Hoover | June 12, 2024
"Let's be clear, this is not about improving the court," said Sen. Lindsey Graham, R-South Carolina. "This is about undermining the court."
By Jimmy Hoover | June 11, 2024
The justices have called for the views of the U.S. solicitor general, a signal of their interest in perhaps taking up these issues next term.
New Jersey Law Journal | Commentary
By Sarah Biser and Craig Tractenberg | June 11, 2024
When claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the action, or should it stay the action pending resolution of the arbitration?
By Jimmy Hoover | June 10, 2024
The question presented is whether patients eligible for supplemental security income must currently be receiving SSI benefits for a hospital to claim a higher Medicare reimbursement from the U.S. Department of Heath and Human Services.
By Jimmy Hoover | June 10, 2024
The question before the justices is whether public companies must disclose on Form 10-K to the U.S. Securities and Exchange Commission any risk that has occurred even if that event "presents no known risk of ongoing or future business harm."
By Jimmy Hoover | June 7, 2024
In financial disclosures released Friday, members of the U.S. Supreme Court revealed how they supplemented their $285,400 salaries ($298,500 for the chief justice) in 2023.
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