TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 26, 2023

U.S. Supreme Court Chief Justice John Roberts yesterday declined an invitation to appear before the Senate Judiciary Committee to talk about ethics issues, citing concerns about judicial independence and the division of power among the three branches of government. He did, however, submit a “Statement on Ethics Principles and Practices” to the committee, which explained how justices address ethical issues, SCOTUSblog reports. The committee chair had asked Roberts to testify about ethics rules and potential reform after news broke that Justice Clarence Thomas failed to disclose luxury travel. Yesterday, Politico reported that Justice Neil Gorsuch, soon after being appointed to the court, failed to disclose the purchaser of a Colorado property that he co-owned. It is now known that the buyer is chief executive of a law firm with business at the court.

Posted by: Stacey Shrader Joslin on Apr 24, 2023
News Type: U.S. Supreme Court

The U.S. Supreme Court on Friday allowed full access to the abortion pill mifepristone, resolving for now a conflict over the drug while the underlying lawsuit is decided, the Tennessean reports. The decision halted restrictions on access to mifepristone that had been put in place by the U.S. Court of Appeals for the 5th Circuit and would have taken effect at midnight Friday. The case, an appeal of U.S. District Judge Matthew Kacsmaryk’s decision invalidating FDA approval for the drug, is now expected to move through the normal appeal process.

Posted by: Paul Burch on Apr 19, 2023

The U.S. Supreme Court announced today that access to the abortion pill mifepristone will remain unchanged through at least Friday. Justice Samuel Alito, who handles emergency requests from the Court of Appeals for the 5th Circuit, announced the extension through Friday at 11:59 p.m. EDT. The order gave no indication of how the court intends to proceed. Last Monday, the Court of Appeals issued an emergency stay of U.S. District Judge Matthew Kacsmaryk’s ruling, which invalidated the Food and Drug Administration’s approval of the pill citing insufficient research but imposed that new restrictions on the pill's distribution. Last Thursday, the Biden administration asked for an emergency intervention from the Supreme Court to allow access to the pill through mail order and without first seeing a physician. Read more about today's ruling in The Hill.

Posted by: Stacey Shrader Joslin on Apr 14, 2023
News Type: U.S. Supreme Court

The U.S. Supreme Court has paused a ruling from the federal Fifth Court of Appeals that would have restricted access to the abortion pill mifepristone. The Hill reports that an order from Justice Samuel Alito will keep the status quo in place until at least midnight Wednesday while the full court considers the Biden administration’s request for a stay. The appellate court this week imposed new limits on the drug in response to changes the Food and Drug Administration (FDA) made in 2016 to increase access, but put on hold a lower court’s decision to suspend the FDA’s approval of the drug. Without the Supreme Court’s intervention, the changes would have taken effect tomorrow. Oral arguments before the appellate court are set for May 17.

Posted by: Paul Burch on Apr 13, 2023

The Biden administration is seeking an emergency intervention from the Supreme Court to allow access to the abortion pill mifepristone through mail order and without first seeing a physician, the Tennessean reports. Last week, U.S. District Judge Matthew Kacsmaryk issued a ruling invalidating the Food and Drug Administration’s 2000 approval of the pill citing insufficient research. On Monday, the Court of Appeals for the 5th Circuit issued an emergency stay of Kacsmaryk’s ruling, reinstating the pill’s approval but limiting usage from 10 weeks to seven weeks while ruling against distribution by mail. “The Justice Department strongly disagrees with the Fifth Circuit’s decision in Alliance for Hippocratic Medicine v. FDA to deny in part our request for a stay pending appeal," said Attorney General Merrick Garland. “We will be seeking emergency relief from the Supreme Court to defend the FDA's scientific judgment and protect Americans’ access to safe and effective reproductive care."

Posted by: Stacey Shrader Joslin on Apr 7, 2023
News Type: U.S. Supreme Court

U.S. Supreme Court Justice Clarence Thomas said today he was not required to disclose trips he and his wife took that were paid for by Republican donor Harlan Crow, the Associated Press reports. Describing Crow and his wife, Kathy, as “among our dearest friends,” Thomas said in a statement that he was advised by colleagues on the court and others in the federal judiciary that “personal hospitality from close personal friends” who do not have business before the court did not need to be reported. Yesterday, ProPublica reported that Thomas accepted luxury trips from Crow nearly every year for more than two decades, including a 2019 trip to Indonesia that could have cost more than $500,000 had Thomas chartered Crow's plane and yacht himself.

Posted by: Stacey Shrader Joslin on Mar 29, 2023
News Type: U.S. Supreme Court

The judiciary is tightening financial disclosure rules for U.S. Supreme Court justices and other judges covering certain trips, meals and other personal hospitality. In changes disclosed this week, the Judicial Conference clarified regulations around financial reporting exemptions. Under the new standard, justices must disclose travel to a resort or other commercial property paid for by a business or certain third parties. The new standard took effect March 14. Bloomberg Law has more on the change.

Posted by: Julia Wilburn on Mar 23, 2023
News Type: U.S. Supreme Court

The U.S. Supreme Court today heard arguments on whether a dog toy, which looks like a bottle of Jack Daniel’s whiskey but carries the words "Bad Spaniels" on the label, violated the Jack Daniel’s trademark or whether it is protected as parody under the First Amendment. At issue is whether humorous products that parody a brand enjoy special protection from trademark claims under the First Amendment, or whether funny knock-offs violate trademark law because they could confuse consumers or disparage the original product. The U.S. Court of Appeals for the 9th Circuit sided with toy maker, ruling that – because the product is a parody – it enjoys special protection from trademark claims. The Tennessean has more details.

Posted by: Stacey Shrader Joslin on Mar 20, 2023
News Type: U.S. Supreme Court

The late Justice Ruth Bader Ginsburg was remembered Friday during ceremonies at the high court, the Associated Press reports. Speaking at the event, Chief Justice John Roberts called Ginsburg a “woman of conviction, courage and quiet compassion,” while Attorney General Merrick Garland called her the “chief tactician in the campaign for equal rights for women.” A number of Ginsburg’s law clerks, including Solicitor General Elizabeth Prelogar, also spoke. All nine of the court’s current members attended the ceremony as did former justices Anthony Kennedy and Stephen Breyer. In related news, the National Judicial College recently held its annual Justice Ruth Bader Ginsburg lecture as a free virtual event on what would have been the justice’s 90th birthday.

Posted by: Stacey Shrader Joslin on Mar 1, 2023
News Type: U.S. Supreme Court

Yesterday, the U.S. Supreme Court heard a pair of cases challenging President Joe Biden's appeal of rulings that struck down his administration’s effort to cancel billions of dollars in student debt. So far, Republican-appointed judges have kept the plan from going into effect. A Texas federal judge deemed the program unlawful, and the 8th Circuit upheld an injunction in a separate case brought by a group of Republican states. 


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