Tag Archives: United States Supreme Court

High Court Sides With Hastings in Religious Student Organization Debate

Yesterday, a divided U.S. Supreme Court affirmed the University of California, Hastings College of the Law’s right to condition official recognition of a Christian student group on the organization’s agreement to open eligibility for membership and leadership to all students – including homosexual students. In an opinion on behalf of a narrow 5-4 majority, Justice Ginsburg concluded … Continue Reading

Justice Stephen Breyer Addresses the American Law Institute

Justice Stephen Breyer of the Supreme Court spoke this afternoon before a standing-room-only crowd at the Annual Meeting of the ALI. At Justice Breyer’s suggestion, rather than making an address, he responded to questions from several ALI members. ALI Director Lance Liebman asked how the Court’s role as the final arbiter of so many crucial questions … Continue Reading

Supreme Court Expresses Perplexity During Hastings Argument

“What do I do with this case?” asked Justice Breyer in the final minutes of oral argument Monday morning in Christian Legal Society v. Martinez [pdf]. Justice Breyer’s question underscored the apparent confusion regarding what exactly was being challenged in the Christian Legal Society’s case against Hastings College of the Law. Despite the acknowledged importance of the … Continue Reading

Supreme Court Finds Common Ground in Free Speech Case: Law Prohibiting Depictions of Animal Cruelty Ruled Overbroad

In an 8-1 decision (.pdf), the United States Supreme Court struck down recently enacted 18 U.S.C. 48  which forbids the distribution of images depicting cruelty to animals.  In United States v. Stevens, the defendant had been convicted of distributing videotapes of pit bulls attacking other animals.  Chief Justice Roberts, writing for the majority, held that the … Continue Reading

Supreme Court Short List Profiles: Justice Carlos Moreno of the California Supreme Court

Appellate Strategist has posted several times in the last week about names being discussed as possible nominees to replace retiring Justice John Paul Stevens. But a list of names, however important, says little about the nominees. We therefore begin our series of short profiles of those whose names top the list. We begin with Carlos Moreno, an Associate Justice … Continue Reading

Will Justice Stevens’ Retirement Make A Difference In The Supreme Court’s Approach To Punitive Damages?

Justice John Paul Stevens has been tagged by many as a “liberal.” Appellate Strategist does not propose to debate that general proposition here. Rather, it’s time to begin assessing what effect his absence might have on the growing body of Supreme Court jurisprudence that has been cutting back, a little at a time, on the blockbuster punitive … Continue Reading

Two New Candidates for SCOTUS Nomination Emerge

According to the San Francisco Chronicle, two new candidates have emerged as possible Supreme Court nominees to replace retiring Justice John Paul Stevens.  Justice Carlos Moreno of the California Supreme Court began his career as a deputy city attorney in Los Angeles.  Justice Moreno received his first two judicial nominations from Republican Governors George Deukmejian and Pete … Continue Reading

Replacing Justice Stevens By the First Monday in October

President Obama made a statement this afternoon, suggesting that he would nominate a replacement for retiring Justice John Paul Stevens within "weeks." In describing his ideal nominee, the President suggested that he would be looking for someone who agreed with Stevens’ spirited dissent in Citizens United v. FEC: I will seek someone in the coming weeks … Continue Reading

The Short List For a Supreme Court Vacancy

Within the past several weeks, Supreme Court Justice John Paul Stevens has dropped several hints that he might be about to announce his retirement.   Even though nothing’s definite yet, the news media and the legal blogs are busy speculating about possible replacements. Here’s the roundup – both the “short list” and some of the long shots: … Continue Reading

U.S. Supreme Court Adopts Nerve Center Test for Corporate Citizenship in Diversity

A corporation’s citizenship for purposes of Federal diversity jurisdiction is governed by 28 U.S.C. 1332(c)(1): a corporation is a citizen of the state of its incorporation, and the state where its principal place of business is found. This morning, in a decision certain to have a major impact on the day-to-day functioning of the Federal … Continue Reading