Lyle Denniston

Apr 21 2017

9th Circuit refuses initial full court review on immigration

The federal appeals court reviewing President Trump’s revised immigration order in a case from Hawau refused on Friday to send the dispute at the outset to a full court — either one of 11 judges or one of 24.  The U.S. Court of Appeals for the Ninth Circuit said the state’s plea for en banc review… Read More

Apr 20 2017

FUTHER UPDATE: Gorsuch casts first votes, joins majority to allow executions

FURTHER UPDATE Friday 12:34 a.m.   The Supreme Court, without comment and with no noted dissents, denied all five of the new requests, thus allowing Ledell Lee’s execution to go ahead.  (After that, his execution, a 12-minute procedure carried out without apparent incident, was completed four minutes before the death warrant expired.)  It was not… Read More

Apr 19 2017

Court eager to decide major religion case

The Supreme Court on Wednesday sent a very strong hint that it is eager, maybe even passionately so, to decide one of history’s most important cases on dealings between religion and government.  And, almost as unmistakable was a signal that most of the Justices have a keen interest in giving churches more access to public… Read More

Apr 18 2017

UPDATED: Court ponders what to do with church case

UPDATED Tuesday 3:28 p.m.   The hearing on the case will go forward at 10 a.m. Wednesday, but at least part of the focus of the discussion will be on whether it will proceed to a decision on the church’s claim, lawyers involved said.  The court has made no announcement of a change in the… Read More

Apr 17 2017

Active — and comfortable — first day for Gorsuch

A very good test for a rookie on the Supreme Court is how well a new Justice can handle a deeply complex case that only a professor of legal arcana could love. On Monday, the court actually heard three mind-twisting cases, back to back, and the occupant of the most junior seat on the bench… Read More

Apr 14 2017

Will major church-state case come to nothing?

The Supreme Court holds the view, dating all the way back to George Washington’s time, that it will not give legal advice, but will only decide lawsuits that involve a live controversy. That is the way it interprets the power given to it by the Constitution’s Article III. On Friday afternoon, the court raised the… Read More

Apr 13 2017

New threat rising to Voting Rights Act

About four years after the Supreme Court took away the government’s strongest authority to protect minority voters’ rights, a backup power under the federal Voting Rights Act – weaker and harder to use – is now being threatened, just as federal courts have begun applying it. At issue now, as it was when the Supreme… Read More

Apr 13 2017

Full Ninth Circuit urged to rule on Trump immigration order

The state of Hawaii and the Trump Administration have urged the U.S. Court of Appeals for the Ninth Circuit to bypass the usual step of a three-judge panel and assemble the full court to review President Trump’s revised immigration restrictions. If the court agrees, that could speed up review by that appeals court, and move… Read More

Apr 12 2017

UPDATED: Transgender case going over to the Fall

UPDATED Thursday 9:55 a.m.  The Fourth Circuit Court on Thursday approved the briefing schedule proposed by the two sides, with all briefs to be filed by June 2. —————————— Both sides in the high-profile case testing the rights of transgender students joined on Wednesday in proposing a schedule that would stretch out appeals court review… Read More

Apr 10 2017

Full 4th Circuit to rule on Trump immigration order

The 15-judge U.S. Court of Appeals for the Fourth Circuit voted on Monday afternoon to review before the full bench, instead of a three-judge panel, the legality of President Trump’s 90-day suspension of entry into the U.S. of any foreign nationals from six Mideast nations.  That action, taken by an unspecified majority vote, could speed up… 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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