Lyle Denniston

Dec 15 2016

Ratcheting up to the Constitution’s level

Using an unusual power, the Supreme Court on Thursday afternoon suddenly turned an important case on government detention of foreign nationals from a review of federal statutes into a full-blown constitutional controversy.  Two weeks after hearing argument on the government’s appeal in the case of Jennings v. Rodriguez, the Court ordered lawyers on both sides to file new written… Read More

Dec 14 2016

Court to clarify suspects’ Brady rights

The Supreme Court, moving to fill out further a thin docket for decisions this Term, on Wednesday added three new controversies, including a pair of appeals growing out of a gruesome murder  in the nation’s capital more than three decades ago, when all but one of those found guilty were teenagers.  Their two appeals, combined… Read More

Dec 12 2016

Court won’t review NFL brain injury deal

The Supreme Court refused on Monday to hear complaints that the settlement of a multitude of lawsuits by former pro football players over head injuries did not provide adequately for one of the most serious forms of brain trauma. The Justices offered no explanation as they turned aside appeals by two groups of retired players,… Read More

Dec 7 2016

Changing schedule for transgender case

The Supreme Court on Wednesday stretched out the schedule for filing written briefs in the new test case on transgender rights.  Among other effects of the change will be that the new government of President-elect Donald Trump will get time to decide whether to get involved — and, if it wishes — to change federal… Read More

Dec 7 2016

Garland vote effort fails again

With little time left for Senate action on the long-stalled Supreme Court nomination of Judge Merrick B. Garland, a New Mexico lawyer’s attempt to force a vote in the chamber was rebuffed again on Thursday, this time by the U.S. Court of Appeals for the District of Columbia Circuit. Santa Fe lawyer Steven S. Michel,… Read More

Dec 6 2016

Major victory for prosecutors on insider trading

The Supreme Court on Tuesday gave federal prosecutors a significant legal victory when they pursue criminal cases against investors who use inside corporate tips they got through a chain of tipping. If the original tipper passed on valuable inside data but got no benefit from it other than the satisfaction of making a gift to… Read More

Dec 5 2016

January hearings set. 3 cases still in limbo

The Supreme Court on Monday issued its calendar of cases to be heard in the fourth sitting of the Term, starting January 9, and three cases in limbo for a year are not yet on the schedule. The Court probably is holding the cases, each involving an issue likely to divide the Court, until a… Read More

Dec 5 2016

Appeals court delays major constitutional fight

One of the most significant court battles over the Constitution and the Affordable Care Act may just fade away, in the wake of an order Monday by a federal appeals court. The dispute over funding for the health care law’s payments to insurance companies to keep their premiums and deductibles lower for people with lower… Read More

Dec 5 2016

Is there a workable way to judge racial gerrymandering?

Only one thing was really clear after the Supreme Court spent two hours on Monday trying anew to craft a workable constitutional standard for judging when redistricting maps are based too heavily upon the race of voters. It was that the Justices are growing increasingly frustrated that they have to face repeatedly a renewal of… Read More

Dec 2 2016

Court to rule on police shooting

Amid nationwide debate over the authority of police to use their guns in enforcing the laws, the Supreme Court on Friday agreed to decide whether police may be sued if they take action that provokes someone to be violent, and then shoot that individual in response. That was one of five new cases that the… Read More

Lyle Denniston continues to write about the U.S. Supreme Court, although he “retired” at the end of 2019 following more than six decades on that news beat. He was there for three revolutions – civil rights, women’s rights, and gay rights – and the start of a fourth, on transgender rights. His career of following the law began at the Otoe County Courthouse in his hometown, Nebraska City, Nebraska, in the fall of 1948. His online, eight-week, college-level course – “The Supreme Court and American Politics” – is available from the University of Baltimore Law School, and it is free.

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