Some people convicted of gun crimes can spend less time in prison, the U.S. Supreme Court ruled on June 16. Sentences for certain gun crimes can run concurrently, the nation’s top court said in a unanimous decision, siding with the convict. “Congress could certainly have designed the penalty scheme at issue here differently. But Congress…
Supreme Court Forces Racial Quotas on Congressional Apportionment | Facts Matter
The U.S. Supreme Court surprisingly passed a major decision on June 8, which will now force states to consider race when apportioning their congressional districts, all being done under the banner of “anti-racism.” And in this decision, the Supreme Court officially struck down Alabama’s electoral map for congressional districts, ruling that it was racially discriminatory….
Supreme Court Gives DOJ Power to Dismiss Whistleblower Lawsuits
The Supreme Court ruled 8–1 that the U.S. Department of Justice is allowed to seek dismissal of a whistleblower lawsuit over the objection of a whistleblower who has a financial interest in the outcome of the lawsuit. Justice Elena Kagan wrote the court’s majority opinion (pdf) in United States ex rel. Polansky v. Executive Health…
Iowa Supreme Court Issues Rare 3–3 Decision, Declines to Reinstate Abortion Law
The Iowa Supreme Court, in a 3–3 decision, declined to reinstate a six-week ban on abortions that was backed by the state’s governor. A 2019 district court nullified the state’s previous six-week ban on the procedure, with a Polk County District Court judge ruling that the ban was unconstitutional based on state and federal law….
Supreme Court Holds Bankruptcy Law Trumps Tribal Sovereignty
The Supreme Court ruled 8-1 that federal bankruptcy law supersedes Indian tribes’ sovereign immunity. An Indian tribe in Wisconsin had argued it could not be sued and that bankruptcy protections, such as the law’s automatic stay of collection efforts when an individual files for bankruptcy, did not operate to block its efforts to seek repayment…
Supreme Court Won’t Acquit Alleged Hacker in Fishing Data Theft
The Supreme Court unanimously ruled against an Alabama man whose trade secrets theft conviction in Florida for stealing proprietary fishing information from a Florida-based website was vacated because his trial took place in the wrong state. The ruling means that the government is free to retry an already convicted defendant even if he was tried in the wrong venue….
House Targets Federal Agencies, Votes to Overturn Supreme Court Ruling
The House of Representatives voted Thursday to pass a bill that could significantly shift federal regulatory authority away from the executive branch to Congress. Lawmakers voted for the Separation of Powers Restoration Act, known as SOPRA, in a 220–211 vote. Most Republicans voted in favor of the measure, while most Democrats voted against it. An…
Supreme Court Upholds Law Aimed at Preventing Non-Indian Families From Adopting Native American Children
The Supreme Court upheld by 7–2 a racially discriminatory adoption law aimed at preventing non-Indian families from adopting Native American children. Conservative Justices Clarence Thomas and Samuel Alito dissented from the new ruling in Haaland v. Brackeen (court file 21-376) which was consolidated with three other related cases. U.S. Secretary of the Interior Deb Haaland is…
Democrats Push Bill to Regulate Supreme Court
Congress must impose a code of conduct on the Supreme Court that requires justices to recuse themselves when there is a financial connection between the justice or the justice’s family and someone having business before the court, a Democrat-controlled congressional oversight committee heard on June 14. If the Supreme Court won’t act, Congress will, Sen….
Senate Judiciary Committee Hearing on Supreme Court Ethics Bill
June 14, 2023
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The Senate Judiciary Committee holds a hearing on “Ensuring an Impartial Judiciary: Supreme Court Ethics, Recusal, and Transparency Act of 2023” at 2:30 p.m. ET on June 14. Jennifer Mascott, assistant professor of law and co-executive director of the C. Boyden Gray Center at Antonin Scalia Law School; James J. Sample, professor of law at…
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