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supreme court

Oral Argument on the Individual Mandate: Justice Kennedy's Questions

March 27, 2012

In this post I set forth all of the questions that Justice Kennedy asked the three attorneys at oral argument today in the health care case. Evaluate for yourself which way this "swing justice" is tending.

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2011-2012 Supreme Court Term: Reichle v. Howards, No. 11-362 (First Amendment)

February 28, 2012

On June 16, 2006, Stephen Howards was arrested by the Secret Service after he said something to Vice-President Richard Cheney and touched or pushed his shoulder, and then lied to them about whether he had done that.  As a result Howards sued several of the Secret Service agents for violating his rights under the First [...]

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2011-2012 Supreme Court Term: The Respondent's Attack on the Stolen Valor Act at Oral Argument in United States v. Alvarez

February 27, 2012

Yesterday's post described the government's presentation at oral argument in United States v. Alvarez, where the Solicitor General defended the constitutionality of the Stolen Valor Act.  Today's post summarizes the respondent's argument.  Here is a link to the transcript of the oral argument.

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2011-2012 Supreme Court Term: The Government's Defense of the Stolen Valor Act at Oral Argument in United States v. Alvarez

February 26, 2012

The principal doctrinal division in this case is whether "false statements of fact" are a "historically unprotected category of speech.  The principal practical division arises from the attempt to identify the "harm" that the government is seeking to prevent by prohibiting people from lying about earning military honors.  Oral argument exposed those divisions.  Today I describe [...]

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2011-2012 Supreme Court Term: Court's Non-Decision in Douglas v. Independent Living Center of Southern California

February 24, 2012

Pffft.  Two days ago the Supreme Court issued its decision in Douglas v. Independent Living Center, a case that promised to answer the undying question whether Article III standing may be premised on the Supremacy Clause – a case only a standing junkie could love.  But nooooo, the Supreme Court found technical reasons not to answer [...]

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2011-2012 Supreme Court Term: Armour v. Indianapolis, Docket No. 11-161

February 19, 2012

One of the constitutional cases that the Supreme Court is currently reviewing is Armour v. Indianapolis, a tax case brought under the Equal Protection Clause. In 2001 the City of Indianapolis assessed Christine Armour and a group of 180 other homeowners a fee of $9,278 to pay for connection to city sewers.  Of this group, [...]

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Supreme Court on your smart phone

April 16, 2011

Follow the U.S. Supreme Court on your smart phone OyezToday is a new free app.  âUsers can now tap, listen, and share U.S. Supreme Court information via this free app,â which was recently released by the Oyez Project.  Users can read todayâs opinion, listen to oral arguments within hours of their release by the court, or [...]

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2010-2011 Supreme Court Term: Three Significant Omissions from the Court's Decision in Snyder v. Phelps

March 4, 2011

I agree with the result that the Supreme Court reached in Snyder v. Phelps, the military funeral protester case.  However, the Court failed to adequately discuss three matters.

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Supreme Court issues opinion in Costco v. Omega

December 13, 2010

About one month after hearing oral arguments in Costco v. Omega, the international exhaustion copyright case I blogged about here, here, and here, the Supreme Court has issued a per curiam opinion. Instead of providing any additional insight into or guidance on answering this difficult question of statutory interpretation, the Supreme Court affirming the 9th [...]

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Busy IP Day at the Supreme Court

November 29, 2010

Today was a busy day at the Supreme Court for IP cases. First, the Court granted cert in Microsoft v. i4i, a patent case raising the question of whether an issued patent can be found invalid only upon a showing of invalidity by clear and convincing evidence.  The Patent Act provides that "[a] patent shall [...]

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Copyright and Patent Exhaustion

November 16, 2010

See my guest blog entry at Patently-O on the differences between copyright and patent exhaustion and the potential implications that the Supreme Court's Costco v. Omega decision may have.

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Update: Costco v. Omega Oral Arguments

November 8, 2010

Earlier today I posted a summary of Costco v. Omega, a Supreme Court case involving the application of copyright law's first sale doctrine in the context of copyrighted goods produced abroad and then subsequently distributed in the United States. A transcript of the oral arguments has been published.  Click here to view my commentary on [...]

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