In what is undoubtedly the biggest win for inmates serving time in deplorable prison conditions, the U.S. Supreme Court ruled today that the Prison Litigation Reform Act DOES authorize the release of prisoners to remedy the egregious violation of prisoners’ constitutional rights. The case is Brown, et al. v. Plata, et al., No. [...]
If any of you follow the Supreme Court you will have undoubtedly come across a Josh Blackman post about some SCOTUS development. The man is simply a writing machine. He blogs daily. He publishes law reviews like some publish blog posts. He teaches at Penn State Law School. He is the President and [...]
On Wednesday, Annie and I visited the Supreme Court. Although I have studied, filed briefs in, written about, and generally gushed over the Court for eleven years, it was my first visit to the place that has enormously impacted my life. I was kind of nervous that the Court could not possibly [...]
Judge Henry Hudson’s recent decision striking down the central provision of the health insurance reform statute has gotten (pardon the pun) nearly universal coverage in the legal blogosphere. But I was struck by a section of the opinion that has received little notice: the passage early in his opinion in which Judge [...]
Yesterday’s argument in Snyder v. Phelps produced more than its share of intriguing story lines: two first-time Supreme Court oral advocates (including one representing her father), a spirited debate inside the courtroom, and an even more spirited demonstration outside. And, of course, there are the you-can’t-be-serious facts of the case: protesters holding [...]