The Supreme Court of the United States has granted certiorari to review the decision of the Third Circuit Court of Appeals in Sutter v. Oxford Health Plans, 675 F.3d 215 (3d Cir. 2012). The Third Circuit’s decision is discussed here. ...
On this date in 1944, the Supreme Court of the United States issued another of what scholars have rated the five worst decisions that the Court has ever made. That decision was Korematsu v. United States, 323 U.S. 214 (1944). ...
National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012). Today, the Supreme Court of the United States voted 5-4 to uphold the constitutionality of the so-called “individual mandate,” a centerpiece of the Affordable Care Act, on the grounds that it ...
Taniguchi v. Kan Pacific Saipan, Ltd., 132 S.Ct. 1997 (2012). About seventeen months ago, the Appellate Division had a personal injury protection (PIP) case, Perez v. Farmers Mutual Fire Ins. Co., 417 N.J. Super. 403 (App. Div. 2011), discussed here, that turned in part on ...
Yesterday’s New York Times contained a column by Adam Liptak, who covers the Supreme Court of the United States, entitled “Are Oral Arguments Worth Arguing About?” That column makes the point that, ultimately, whether an appellate oral advocate delivers his ...
Even Justice Holmes, one of the greatest Justices of the Supreme Court of the United States, sometimes made extremely bad decisions. Eighty five years ago today, in Buck v. Bell, 274 U.S. 200 (1927), Justice Holmes, joined by all other ...
Mohamad v. Palestinian Authority, 132 S.Ct. 1702 (2012). When Justice Alito spoke at the last Third Circuit Conference, he said that most of the Supreme Court’s work does not deal with constitutional issues. Rather, most cases involve statutory interpretation. Some of those ...
Florence v. Burlington Cty. Freeholder Bd., 132 U.S. 1510 (2012). When a New Jersey case reaches the Supreme Court of the United States, it often seems to turn into a landmark. This case is another example. Albert Florence was arrested during a ...
The third day of oral arguments on the Affordable Care Act was something of an anticlimax. There were two issues. The first was whether, if the “individual mandate” (the requirement that all persons have health insurance) is struck down as unconstitutional, all, ...
Today was the day that the Supreme Court of the United States heard oral argument about the “individual mandate.” That is the provision that requires everyone to have health insurance. The United States argued first, and the Chief Justice and ...