TBA Law Blog


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Posted by: Stacey Shrader Joslin on Sep 9, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court will hear oral arguments in person for the first time since the COVID-19 pandemic when it begins its new session in October. In a statement released yesterday, the court said that oral arguments scheduled for October, November and December will be heard in the courtroom. Courtroom access will be limited to the justices, essential court personnel, counsel in the scheduled cases and journalists. The sessions will not be open to the public but the court plans to provide a live audio feed of the proceedings. The court building remains open for official business but closed to the public.

Posted by: Kate Prince on Sep 1, 2021
News Type: U.S. Supreme Court

A Texas law banning virtually all abortions took effect today after the U.S. Supreme Court declined to act on an emergency application seeking to block it, the ABA Journal reports. Texas Senate Bill 8 prohibits abortions after a doctor can detect a fetal heartbeat, which usually occurs around six weeks of pregnancy. The law also allows private citizens to sue abortion providers or anyone else who helps a woman obtain an abortion. Those who sue can potentially earn $10,000 per abortion if they are successful. The Center for Reproductive Rights, Planned Parenthood, the Lawyering Project, the American Civil Liberties Union and other groups had asked the high court to intervene. Reuters reports that the Supreme Court could still act on the matter but have already agreed to hear arguments in Mississippi’s effort to overturn Roe v. Wade.

Posted by: Kate Prince on Aug 27, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday ruled to remove the eviction moratorium put in place by the Centers for Disease Control and Prevention (CDC), the Associated Press reports. The temporary ban had first been ordered under the presidency of Donald Trump and was reimposed by the CDC earlier this month. Attorneys for the Biden administration argued that the rise in COVID-19 variants warranted the continuance of the ban in areas with high transmission rates. However, the Supreme Court ultimately ruled that the CDC under federal law has no authority to impose the moratorium and that it would need to be “specifically” authorized by Congress.

Posted by: Kate Prince on Aug 25, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday chose not to intervene in a lower court’s ruling that revived the “Remain in Mexico” policy, an immigration measure from former President Donald Trump’s administration, The Hill reports. President Joe Biden had sought to block the reinstatement of the policy, which requires asylum-seekers at the southern border to stay in Mexico while their applications are processed. Justice Samuel Alito wrote in the order that Biden’s administration had failed to show it was likely to ultimately prevail in defending the lawfulness of its decision to rescind the Trump measure, officially called the Migrant Protection Protocols (MPP). The program was initially reinstated by a federal judge in Texas in response to a lawsuit from the attorneys general of Texas and Missouri. That decision was later upheld by the U.S. Court of Appeals for the 5th Circuit, prompting Biden’s emergency request to the justices.

Posted by: Stacey Shrader Joslin on Aug 23, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court temporarily halted a federal judge’s order that would have forced the government to reinstate a Trump administration policy that kept asylum seekers in Mexico while awaiting their day in court. Justice Samuel Alito issued a temporary stay late Friday night. It will remain in effect until Tuesday night so the court can consider filings in the case, the Associated Press reports. A federal judge in Texas had previously ordered the policy be reinstated Saturday. The Biden administration appealed the decision to the U.S. 5th Circuit Court of Appeals, and then to the high court, after the appellate court upheld the trial court's decision.

Posted by: Stacey Shrader Joslin on Aug 23, 2021

Landlords who have been challenging the Biden administration's eviction moratorium have again asked the U.S. Supreme Court to block the latest version, WSMV reports. The request was filed Friday evening with Chief Justice John Roberts. The court has since asked the Biden administration to respond to the motion by noon today. This is the second time the Supreme Court has been asked to weigh in on the matter. In June, on a 5-4 vote, it allowed a similar moratorium to continue. At the time, Justice Brett Kavanaugh indicated he would not support an additional extension unless enacted into law by Congress.

Posted by: Stacey Shrader Joslin on Aug 5, 2021

Approval of the U.S. Supreme Court fell to an average of 49% down from 58% a year ago, according to Gallup. It’s the first time the rating has fallen below 50% since 2017. The poll also found that Republicans and Democrats viewed the court the same, with 51% of both approving, while only 46% of independents approved. Read more about the survey from USA Today.

Posted by: Stacey Shrader Joslin on Jul 26, 2021

The U.S. Supreme Court last week rescinded several orders it put in place during the COVID-19 pandemic. On July 19, it rescinded its March 19, 2020, order regarding filing deadlines and its April 15, 2020, order regarding the filing of documents. The court clerk also provided updated COVID-19 guidance the same day. View the orders or read more about the action from Law360.

Posted by: Stacey Shrader Joslin on Jul 23, 2021

Tennessee Attorney General Attorney General Herbert H. Slatery III has joined a coalition of 26 other state attorneys general to file an amicus brief in the first Second Amendment case to go before the U.S. Supreme Court in over a decade, Yahoo! News reports. The group, led by Arizona Attorney General Mark Brnovich and Missouri Attorney General Eric Schmitt, is supporting a challenge to concealed carry laws in New York state. Those opposing the law argue that law-abiding New York residents were denied firearm permits even after demonstrating a need for one. Read more about the case and track its progress on SCOTUSblog.com.

Posted by: Stacey Shrader Joslin on Jul 14, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court released its schedule for the October argument session yesterday, SCOTUSblog reports. The session will begin on Oct. 4 and run through Oct. 13. The justices will hear nine cases in five days, including oral arguments in two high-profile cases involving the federal government’s efforts to reinstate the death sentence of Boston Marathon bomber and the government’s assertion of the “state secrets” privilege in a case against former CIA contractors. The court did not indicate whether the arguments will be held by phone or in person. Read more about the cases that have been scheduled.


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