On Monday, May 23, 2022, the Eleventh Circuit Court of Appeals ruled in favor of social media companies that moderate content on their platforms because "the government can't tell a private person or entity what to say or how to say it." Read More.
On May 18, the New York Court of Appeals weighed whether an elephant living at the Bronx Zoo named Happy could be considered a person under the law and released to an elephant sanctuary. Read More.
A court dismissed claims alleging that the retailer had exposed workers to the coronavirus through deficient safety protocols and had retaliated against workers who reported safety problems in its facilities. Read More.
Abortion Questions for Justice Alito and His Supreme Court Allies
The New York Times, May 24, 2022
Isn’t having to carry an unwanted pregnancy to term the same as forced labor?
Courts may not “make up” new procedural rules to favor arbitration
SCOTUSblog, May 24, 2022
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... The post Courts may not “make up” new procedural rules to favor arbitration appeared first on SCOTUSblog.
Conservative majority hollows out precedent on ineffective-counsel claims in federal court
SCOTUSblog, May 23, 2022
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... The post Conservative majority hollows out precedent on ineffective-counsel claims in federal court appeared first on SCOTUSblog.
A Conservative Lawyer’s New Target After Abortion: Affirmative Action
The New York Times, May 23, 2022
Jonathan F. Mitchell, who helped draft Texas’ six-week abortion ban, has turned his attention to Harvard’s race-conscious admissions program.
The Thomas Files, Clarence and Virginia
Justia's Verdict, May 23, 2022
Amherst professor Austin Sarat comments on the uniquely problematic conduct of Supreme Court Justice Clarence Thomas and his wife Virginia (Ginni).
Supreme Court of the United States, May 3, 2022
Yesterday, a news organization published a copy of a draft opinion in a pending case. Justices circulate draft opinions internally as a routine and essential part of the Court’s confidential deliberative work. Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case. Chief Justice John G. Roberts, Jr., provided the following statement: To the...