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May 25, 2022

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The morning read for Wednesday, May 25

May 25, 2022

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Wednesday morning read: Supreme Court marshal digs in on Roe opinion leak (Alexander Ward, Josh Gerstein, & Kyle Cheney, Politico)…

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Courts may not “make up” new procedural rules to favor arbitration

May 24, 2022

Share In a series of decisions, the Supreme Court has insisted that the Federal Arbitration Act requires courts to put arbitration contracts on “equal footing” with other kinds of contracts. These decisions have often favored companies seeking to enforce arbitration agreements, rejecting rules that give employees or consumers a way out from contract clauses requiring…

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The morning read for Tuesday, May 24

May 24, 2022

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Tuesday morning read: The Supreme Court Just Gutted Another Constitutional Right (Leah Litman, Slate) Roe v. Wade Must Go for…

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Conservative majority hollows out precedent on ineffective-counsel claims in federal court

May 23, 2022

Share In Shinn v. Ramirez and Jones, two men on Arizona’s death row raised claims in habeas corpus proceedings that their trial attorneys were constitutionally ineffective – one for failing to investigate evidence suggesting his client could not have committed the crime, and the other for failing to investigate her client’s intellectual disability, which could…

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Divided court restricts prisoners’ ability to pursue claims that their lawyers were incompetent

May 23, 2022

Share Two men on Arizona’s death row are not entitled to present new evidence in federal court to support their arguments that their trial lawyers bungled their cases, the Supreme Court ruled Monday in a 6-3 decision. The question in Shinn v. Ramirez and Jones was whether state prisoners challenging their convictions and sentences in…

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Justices grant no new cases; Breyer reiterates doubts about constitutionality of capital punishment

May 23, 2022

Share The Supreme Court on Monday morning issued orders from the justices’ private conference last week. The court did not add any new cases to its docket for the 2022-23 term, nor did it seek the views of the federal government on any pending petitions. But the justices denied review in the case of an…

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Defendants who delay can lose their chance to arbitrate, court rules in 9-0 decision

May 23, 2022

Share The Supreme Court on Monday unanimously ruled against a fast-food franchise owner in a procedural dispute over whether a wage-theft lawsuit belongs in federal court or in arbitration. Justice Elena Kagan wrote the opinion in Morgan v. Sundance, Inc. Plaintiff Robyn Morgan worked at a Taco Bell franchise owned by Sundance. When she came…

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Entering the homestretch

May 23, 2022

Share Over the next six weeks the Supreme Court is poised to issue 35 opinions, on topics ranging from gun rights to religion and the EPA’s power to regulate greenhouse gases. Amy is joined by Steven Mazie of The Economist and SCOTUSblog’s James Romoser for a refresher on what’s at stake in those cases.  Send…

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The morning read for Monday, May 23

May 23, 2022

Share Each weekday, we select a short list of news articles, commentary, and other noteworthy links related to the Supreme Court. To suggest a piece for us to consider, email us at [email protected] Here’s the Monday morning read: Ginni Thomas, wife of Supreme Court justice, pressed Ariz. lawmakers to help reverse Trump’s loss, emails show…

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