Lyle Denniston

Dec 23 2016

Moving ahead without a ninth Justice

The Supreme Court on Thursday appeared to concede the practical reality that a ninth Justice will not be approved for the bench until several weeks into the new Trump administration.  It did so by releasing a schedule of hearings for the February session that, once again, omits three cases that have been on hold since last… Read More

Dec 21 2016

Trump team gets early constitutional task

The new Trump administration will be in office only 11 days when it must take its first position on a constitutional issue, arising in a major Supreme Court case on prolonged detention of immigrants in prison-like conditions. At the request of both sides in that controversy, the Court has added time to the schedule for… Read More

Dec 19 2016

Garland vote plea denied — maybe the last time

The effort by a New Mexico lawyer to force a Senate vote on the Supreme Court nomination of Judge Merrick B. Garland may have reached its final point on Monday  morning, as Chief Justice John G. Roberts, Jr., refused the request.  The Chief Justice acted without giving any reason, without sharing the issue with his colleagues,… Read More

Dec 15 2016

Final plea for Senate vote on Court nominee

Taking his last chance at trying to force the Senate to vote on Judge Merrick B. Garland’s nomination to the Supreme Court, a New Mexico lawyer on Thursday asked the Supreme Court to order the Senate to act, one way or the other.  In an emergency request, Santa Fe attorney Steven S. Michel (representing himself and… Read More

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

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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