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November 3, 2023
Monday’s argument in U.S. Department of Agriculture Rural Development Rural Housing Service v. Kirtz presents a routine statutory drafting problem arising out of a run-of-the-mill consumer lending dispute. The Rural Housing Service in the Department of Agriculture lends money to promote the developm
November 2, 2023
Wednesday’s argument in Vidal v. Elster involved a provision in the federal Lanham Act that directs the Patent and Trademark Office, the entity that registers federal trademarks, to refuse to register any mark that identifies “a particular living individual.” In this case, Steve Elster argued that t
October 28, 2023
Wednesday’s argument in Vidal v. Elster is the third in a series of First Amendment challenges to provisions of the Lanham Act that bar registration of various kinds of scurrilous marks. In the first, Matal v. Tam, the Supreme Court held that it violated the First Amendment to refuse registration fo
October 11, 2023
As the hour of this morning’s argument in Great Lakes Insurance v Raiders Retreat Realty progressed, it seemed to become more and more clear how the justices will resolve this case. The question – whether state or federal law should govern the enforceability of maritime choice-of-law clauses – at fi
October 6, 2023
Tuesday’s argument in Great Lakes Insurance v. Raiders Retreat Realty offers a breather between the divisive disputes about the CFPB and voting rights topping the headlines at the advent of the October Term 2023. Perhaps some of the justices will even enjoy a return to their law-school days, as they
September 19, 2023
SpaceX suit claims DOJ's administrative law proceedings are unconstitutional.
August 29, 2023
So many books cover the work of the Supreme Court that the Journal of Supreme Court History can review several of them in each issue. The overwhelming majority of those books, though, analyze the work of the court interpreting the Constitution. The court’s other task -- interpreting federal statutes
June 24, 2023
Friday’s decision in Coinbase v. Bielski has a familiar ring to it: A narrow majority of the justices reversed a ruling of the U.S. Court of Appeals for the 9th Circuit in California that had rejected a party’s efforts to force a putative class action out of court and into arbitration. The result of
June 23, 2023
What do Bad Spaniels and Jack Daniels have in common?
June 15, 2023
On Thursday in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, the Supreme Court held that Native American tribes are not immune from the automatic stay of the Bankruptcy Code. The decision is in no way surprising, as it merely obligates creditors operated by Native American trib