The November argument session begins on Monday

[Newsletter ad — view on SCOTUSblog] It was a relatively quiet week at the court, as the justices – and the SCOTUSblog team – prepared for the November argument session to begin next week. On the interim docket, the court decided one immigration-related dispute and moved closer to being able […]

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Groups ask Supreme Court to leave lower court order in place halting border wall construction in southwestern Texas

The plaintiffs challenging the Trump administration’s efforts to build a border wall in the Big Bend region of southwestern Texas urged the Supreme Court on Thursday to leave in place an order by a federal trial judge in El Paso temporarily halting the construction. Eric Glitzenstein, a lawyer representing the […]

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Court to hear argument in religious discrimination challenge brought by Catholic preschools in Colorado

The Supreme Court will hear oral argument on Nov. 3 in a challenge brought by Catholic preschools in Colorado, which argue that their exclusion from Colorado’s universal preschool program is a form of religious discrimination in violation of the First Amendment, because Colorado will not provide them with an exemption […]

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Sandy Hook parents file amicus brief on AR-15 bans

Just a reminder that you can send your burning questions about the Supreme Court to scotusblog@thedispatch.com for consideration for our “Ask Amy” series. In recent weeks, Amy has answered questions about litigants waiving their right to respond to a petition for review, how many justices are needed for a “quorum,” […]

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Two cheers for “insecure originalism”

In his new book, Justice Samuel Alito takes aim at what he calls judicial “insecurity,” or a judge’s self-conscious worry that he might be advancing his own policy preferences under the guise of impartial adjudication. “Twenty-first century originalists,” he argues, “should shed this insecure mindset.” Alito’s suggestion is at odds […]

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Justices to decide whether failure to plead an affirmative defense prevents moving for summary judgment on that same defense

Younge v. Fulton Judicial Circuit District Attorney’s Office, Georgia, to be argued on Nov. 2, involves an issue that will quicken the pulse of civil procedure aficionados. No less than four different rules of the Federal Rules of Civil Procedure are in play: affirmative defenses under Rule 8, amending a […]

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