U.S. Supreme Court Jan. 13 arguments

Monday, the United States Supreme Court hears arguments in a case on whether preclusion principles can bar a defendant from raising defenses that were not actually litigated and resolved in a prior case and in a retirement plan case involving breach of fiduciary duty.

U.S.: In 2020, watch for these blockbuster Supreme Court cases

PBS News: "The U.S. Supreme Court begins the second half of a potentially historic term — with arguments involving abortion, President Donald Trump’s financial records and funds for religious schools, among others — in the shadow of a presidential impeachment trial."

U.S.: A 3-decade-long water dispute heads to the Supreme Court

MPR News: "For three decades, Georgia and Florida have been battling over how to share a precious resource: water. Georgia has it, and Florida, which is downstream, says it's not getting its fair share."

U.S.: Lawyers, uninterrupted, adjust to Supreme Court two-minute rule

Bloomberg News: "'I got five words out before Justice Scalia interrupted me.' That’s how Erwin Chemerinsky, now the dean of Berkeley Law School, recalls his first U.S. Supreme Court argument back in 2002."

Roberts: Judges working to promote civics, impartial courts

Associated Press: "Federal judges are taking up the challenge to educate Americans about how their government works at a time when false information can spread instantaneously on social media, Chief Justice John Roberts wrote Tuesday in his annual year-end report."

A look back at 2019: A tale of two terms?

SCOTUSblog: "Any review of a calendar year at the Supreme Court necessarily includes two different terms: the term that ends in June and the new one that begins in October and will run into the following year."

U.S.: 9 Supreme Court cases that shaped the 2010s

Vox: "If you want to understand what the Supreme Court became in the last decade, consider a 2012 study by University of California, Irvine law professor Rick Hasen. Between 1975 and 1990, Hasen found that Congress enacted 'an average of twelve overrides of Supreme Court cases in each two-year Congressional term.'"

Senate confirms Traynor as new federal judge in North Dakota

Bismarck Tribune: "The U.S. Senate has confirmed Devils Lake attorney Daniel Traynor to serve as federal judge in North Dakota, according to U.S. Sens. John Hoeven and Kevin Cramer."

U.S.: Religious school’s firing power heads to high court

Courthouse News Service: "The Supreme Court took up two cases Wednesday that ask whether teachers at religious schools can sue their employers for discrimination."

U.S.: Man whose conviction was overturned by Supreme Court after 6 trials is granted bail

NPR News: "Mississippi man Curtis Flowers was tried for the same crime six times: the murder of four people at a furniture store in 1996. He was convicted four times — but each was overturned. Two others ended in mistrials."

Job Announcement - Term Law Clerk

A job announcement for a Term Law Clerk to U.S. District Court Judge Nominee Daniel M. Traynor in Bismarck has been posted.

U.S. Supreme Court accepts new Oklahoma case about Indian reservations

The Oklahoman: "The U.S. Supreme Court, which failed this year to decide a case that could have a major impact in eastern Oklahoma, has chosen a different path to determine whether tribal reservations in the state were officially terminated."

U.S.: Supreme Court refuses to consider cities' efforts to prosecute the homeless for sleeping outside

USA Today: "The Supreme Court refused Monday to consider whether state and local governments can make it a crime for homeless people to sleep outside."

U.S. Supreme Court opinion: Dec. 11

The United States Supreme Court has issued an opinion in a trademark case.

U.S. Supreme Court Dec. 11 arguments

Wednesday, the United States Supreme Court hears arguments in a death penalty case involving the review of sentencing errors and an international custody case in which the mother removed the child to the United States.

U.S. Supreme Court opinion: Dec. 10

The United States Supreme Court has issued an opinion in a Fair Debt Collection Practices Act case.

U.S. Supreme Court Dec. 10 arguments

Tuesday, the United States Supreme Court hears arguments in an Affordable Care Act case involving payments to insurance companies and a case on whether a criminal defendant is required to formally object after being sentenced in order to receive reasonableness review on appeal.

U.S. Supreme Court Dec. 9 arguments

Monday, the United States Supreme Court hears arguments in a case on motions to reopen deportation proceedings and a case involving legal interpretations by the Patent Trial and Appeal Board.

U.S.: Justices debate allowing state law to be 'hidden behind a pay wall'

Ars Technica: "The courts have long held that laws can't be copyrighted. But if the state mixes the text of the law together with supporting information, things get trickier."

Job Announcement - Term Law Clerk

A job announcement for a Term Law Clerk to U.S. Magistrate Judge Alice Senechal in Fargo has been posted.

U.S. Supreme Court Dec. 4 arguments

Wednesday the United States Supreme Court hears arguments in a case on the limitations period for a breach of fiduciary duty under ERISA and a death penalty case involving what constitutes a second or successive habeas application.

U.S. District Court to hold naturalization ceremony Dec. 11

The United States District Court for the District of North Dakota will hold a ceremony for the naturalization of new citizens in Fargo on Wednesday, Dec. 11, at 11 a.m.

U.S. Supreme Court Dec. 3 arguments

Tuesday, the United States Supreme Court hears arguments in a case on whether the federal “Superfund” Act prevents property owners from seeking restoration damages under state law and a case on whether state law or federal common law principles govern the ownership of a tax refund paid to a corporation.

U.S. Supreme Court Dec. 2 arguments

Monday, the United States Supreme Court hears arguments in a case involving copyrighting of works by government officials and a case on whether New York City’s ban on transporting a licensed handgun to a location outside of the City is unconstitutional.

Federal court historical committee publishes oral history interview of Judge Conmy

The Historical Committee for the United States District of North Dakota, chaired by Magistrate Judge Alice Senechal, announces the publication of an oral history interview of Senior Judge Patrick Conmy.

Supreme Court re-enters debate on money in politics by vacating decision on Alaska contribution limits

USA Today: "The Supreme Court re-entered the national debate over the influence of money in politics Monday by vacating a lower court decision that upheld Alaska's low campaign contribution limits."

U.S.: Justices take up battle over New York City gun ban

SCOTUSblog: "It has been nearly 10 years since the Supreme Court ruled that the Second Amendment right of individuals to keep and bear arms applies fully to state and local governments. When the justices return to the bench next month, they will wade into the Second Amendment fray once again."

Peter Welte, North Dakota's newest U.S. district judge, balances new role with farming

G.F. Herald: "Ice-encrusted soybeans fly over the combine hopper and skitter across the frozen ground as Peter Welte readies the combine to harvest his crop."

U.S.: Racial discrimination case against cable giant Comcast gets tentative support from Supreme Court

USA Today: "The Supreme Court appeared likely Wednesday to let a racial discrimination claim against the nation's largest cable TV company go forward, even though it might be difficult to prove."

U.S. Supreme Court Nov. 13 arguments

Wednesday, the United States Supreme Court hears arguments in a racial discrimination case and a case on whether an order denying a motion for relief from the automatic stay in a bankruptcy proceeding is a final order.

U.S.: Ruth Bader Ginsburg misses court due to illness

CNN: "Supreme Court Justice Ruth Bader Ginsburg was not on the bench for oral arguments Wednesday due to illness, according to Chief Justice John Roberts."

Welte named Chief Judge for U.S. District of North Dakota

News Release: "United States District Judge Peter D. Welte has assumed the role of Chief Judge for the District of North Dakota effective Nov. 11."

U.S.: Supreme Court grapples with how to control water pollution

CNN: "The Supreme Court grappled Wednesday with questions about the scope of the Clean Water Act and the Environmental Protection Agency's authority to regulate pollutants that find their way into navigable water such as oceans, rivers and streams."

Court to rehear law on adoptions of Native American children

Associated Press: "A federal appeals court announced Thursday that it will take a second look at an emotionally fraught lawsuit governing the adoption of Native American children."

U.S. Supreme Court Nov. 6 arguments

Wednesday, the United States Supreme Court hears arguments in a case involving disclosure requirements for retirement plan fiduciaries and in a Clean Water Act case from Hawaii.

Justices struggle with copyright case involving pirate ship

Associated Press: The Supreme Court is wrestling with a modern-day dispute involving the pirate Blackbeard’s ship that went down off North Carolina’s coast more than 300 years ago."

U.S. Supreme Court Nov. 5 arguments

Tuesday, the United States Supreme Court hears arguments in a ship chartering case and in a case involving the Copyright Remedy Clarification Act.

Justices appear split over police power in traffic stops

Courthouse News Service: "The Supreme Court was sharply divided Monday as the justices considered whether a police officer can pull a car over based solely on the knowledge that it is registered to a person with a suspended license."

U.S. Supreme Court Nov. 4 arguments

Monday, the United States Supreme Court hears arguments in a case on whether a police officer can pull over a vehicle merely because its registered owner has a suspended driver’s license and a case on cancellation of removal of a lawful permanent resident.

Daniel Traynor nomination to U.S. District Court for North Dakota advances

G.F. Herald: "The U.S. Senate Judiciary Committee has voted to advance the nomination of Devils Lake attorney Daniel Traynor to be U.S. District Judge for North Dakota. President Donald Trump nominated Traynor for the position in August after it was vacated by semi-retired Judge Daniel Hovland."

Liberty Medal awarded to former Supreme Court Justice Anthony Kennedy

Philadelphia Inquirer: "Retired U.S. Supreme Court Justice Anthony M. Kennedy was awarded the Liberty Medal on Sunday evening at the National Constitution Center. In his acceptance of the award, Kennedy called for people, but especially government, to have respectful, open dialogue in making decisions."

Federal Public Defender offers training

The Federal Public Defender has scheduled training sessions starting in November for new Criminal Justice Act panel attorneys.

Associate Justice Elena Kagan says U.S. Supreme Court not partisan, despite current political climate

Denver Post: "At a time when partisan politics seem to have taken hold of the country, U.S. Supreme Court Associate Justice Elena Kagan believes that the country’s highest court remains independent."

U.S. Supreme Court Oct. 16 arguments

Wednesday, the United States Supreme Court hears arguments in a case on state prosecution based on information on immigration forms, a case on life imprisonment without parole for juvenile offenders, and a case on whether the “discovery rule” applies to toll the statute of limitations in the Fair Debt Collection Practices Act.

The last of the sketch artists on cameras in the US Supreme Court

Quartz: "Art Lien didn’t dream of becoming a courtroom sketch artist, though the diminutive form of his name did hint at this ultimate destiny. In fact, it’s a job Lien once mocked."

U.S. Supreme Court Oct. 15 arguments

Tuesday, the United States Supreme Court will hear arguments in case on whether members of the Financial Oversight and Management Board for Puerto Rico are officers of the United States subject to the Appointments Clause.

U.S.: Supreme Court is divided over gay, transgender job bias in civil rights case

USA Today: "The Supreme Court appeared deeply divided Tuesday on a major civil rights question: whether gay and transgender people are covered by a federal law barring employment discrimination on the basis of sex."

U.S. Supreme Court Oct. 8 arguments

Tuesday, the United States Supreme Court will hear arguments in two cases involving employment discrimination related to employee sexual orientation or gender identity.

U.S.: Court seems ready to require unanimous juries as term opens

Associated Press: "The Supreme Court began a potentially contentious election-year term Monday in seeming general agreement that juries in state criminal trials must be unanimous to convict a defendant."

U.S. Supreme Court Oct. 7 arguments

Monday, the United States Supreme Court hears arguments in a case on non-unanimous juries, a case on the insanity defense and a patent application case.

U.S. Supreme Court to hear Appalachian Trail pipeline fight

Reuters: "The U.S. Supreme Court on Friday agreed to hear an appeal by Dominion Energy Inc. and President Donald Trump’s administration of a lower court ruling that halted construction on a natural gas pipeline due to run underneath a section of the popular Appalachian Trail in rural Virginia."

U.S.: A lawyer’s guide to upcoming Supreme Court term

Bloomberg News: "The Supreme Court’s upcoming term is shaping up to be an explosive one, with LGBT discrimination, deportation for 'Dreamers,' and the Second Amendment all currently on the docket. But there are also a number of 'sleeper cases' on the docket this term that could be deeply significant for the way lawyers practice."

At 92, Fargo native rules as oldest judge on US Court of International Trade

G.F. Herald: "The average person would hope to be long into retirement by age 92, but not Judge Richard Goldberg. The Fargo native who sits on the U.S. Court of International Trade has been going strong in the position for 29 years."

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has issued a per curiam opinion affirming a sentence requiring a defendant in a North Dakota criminal case to register as a sex offender.

U.S.: PACER court records 'can never be free,' judge says

Bloomberg News: "Making the judiciary’s electronic filings free to the public without an alternative funding source likely would result in steep court fee increases for litigants and hinder access to justice due to cost, a federal judge told a congressional panel Sept. 26."

Job Announcement

A job announcement for a Term Law Clerk with the U.S. District Court in Bismarck has been posted.

Hoeven introduces Traynor

WZFG News: "Senator John Hoeven [Sept. 25] introduced Daniel Traynor, who has been nominated to serve as a U.S. District Court Judge for North Dakota, at a Senate Judiciary Committee hearing to review his nomination."

U.S.: Chief Justice John Roberts prepares for outsized role as umpire

USA Today: "As his Supreme Court prepares for a contentious term featuring cases on immigration, gay and lesbian rights, gun ownership and, in all likelihood, abortion, Roberts can look forward to opposition from the left and distrust from the right."

U.S.: Supreme Court Justice Kagan shares her insights

Courthouse News Service: "In a visit to U.C. Berkeley Law School Monday, U.S. Supreme Court Justice Elena Kagan shared her thoughts on studying law, divisive politics and the career disappointments that led to her reaching the highest court in the nation."

U.S.: 8 religion-related cases to watch when the Supreme Court is back in session

Deseret News: "Religious liberty advocates are gearing up for a big year at the Supreme Court, which will be back in session on Oct. 7. Justices have already agreed to hear four faith-related cases on LGBTQ rights and religious schooling."

U.S.: Justices' DC sniper case examines teen murderers' sentences

Associated Press: "Lee Boyd Malvo, who terrorized the Washington region in 2002 as one-half of a sniper team, is at the center of a case the Supreme Court will hear this fall. But the justices’ eventual ruling probably will mean less for him than for a dozen other inmates who, like the now-34-year-old Malvo, were sentenced to life without parole for murders they committed as teens."

U.S.: Justices to consider dispute over tax credits for scholarships

SCOTUSblog: "This winter, the justices will . . . review a decision by the Montana Supreme Court invalidating a tax-credit program because the scholarships created by the program could be used at religious schools. The impact of the justices’ eventual ruling could be significant."

U.S.: Justice Ruth Bader Ginsburg reflects on Supreme Court’s unchanging 'collegiality'

UChicago News: "After more than a quarter of a century on the United States Supreme Court, what hasn’t changed for Ruth Bader Ginsburg are her cordial relationships with her fellow justices."

Job Announcement

A job announcement for a Term Law Clerk with the U.S. District Court in Fargo has been posted.

8th Circuit decides N.D. case: Sept. 10

The United States Court of Appeals for the Eighth Circuit has issued a per curiam opinion that an appeal waiver in a North Dakota criminal case was valid.

U.S.: Supreme Court Justice Neil Gorsuch decries lack of access to justice for many Americans

USA Today: "Lawyers cost too much. Getting to trial takes too long. Juries promised by the Constitution are rarely used. And just try counting all the criminal laws on the books."

8th Circuit decides N.D. case: Sept. 6

The United States Court of Appeals for the Eighth Circuit has issued a per curiam opinion affirming resentencing in a North Dakota criminal case.

U.S.: Gorsuch says it’s just fine to be forgotten someday

Bloomberg News: "If history doesn’t remember Justice Neil Gorsuch, that’d be just fine by him. 'We’ll all be forgotten soon enough,' the justice quotes his former boss and Supreme Court predecessor Justice Byron 'Whizzer' White in his upcoming memoir, 'A Republic, If You Can Keep It.'"

U.S.: Supreme Court taking on big issues that have been percolating for a while

ABA Journal: "The U.S. Supreme Court will tackle some pretty big issues in its next term, including cases on LGBT rights, immigration and its first major case on gun rights in nearly a decade. And that’s with only about half of its docket filled for the term that begins Oct. 7."

Job Announcement

A job announcement for a Term Law Clerk with the U.S. District Court in Bismarck has been posted.

North Dakota's mandatory bar fees are constitutional, rules federal appeals panel

Law.com: "A federal appellate court on Friday rejected a First Amendment challenge to North Dakota’s mandatory bar association. A three-judge panel of the U.S.Court of Appeals for the Eighth Circuit ruled that there was no constitutional violation in the bar association’s procedures for collecting members’ dues."

U.S.: Elena Kagan offers new law students advice — and a shot of confidence

Harvard Gazette: "Elena Kagan was 'petrified' when a Law School professor called on her on her first day of class. She blew her first exams, which situated her in 'the bottom third of the class.'"

8th Circuit decides N.D. case: Aug. 30

The United States Court of Appeals for the Eighth Circuit has issued an opinion affirming a summary judgment of dismissal in a First Amendment lawsuit against the State Bar Association of North Dakota.

President Trump nominates Devils Lake attorney for ND federal judgeship

Bismarck Tribune: "President Donald Trump has nominated Devils Lake attorney Daniel Traynor to succeed federal Judge Daniel Hovland. Traynor is a shareholder in the Traynor Law Firm in Devils Lake, where he practices insurance defense, personal injury, business litigation and American Indian law."

U.S.: Can states change the electoral college ahead of 2020? Supreme Court may have to decide

Los Angeles Times: "Heading into what looks to be a hard-fought presidential election, the Supreme Court will likely be asked to resolve a lingering but fundamental question about the creaky, little-understood electoral college system adopted in 1787."

U.S.: Supreme Court to grapple with constitutional right to an insanity defense

Washington Times: "Kraig Kahler says he spiraled out of control when he learned his wife was having an affair with a woman, and despite seeing mental health professionals, he refused to take the anti-anxiety and depression pills they prescribed."

U.S.: Ginsburg appears strong during first speech since latest cancer revelation

CNN: "Justice Ruth Bader Ginsburg, making her first public appearance since it was announced that she had undergone recent treatment for pancreatic cancer, appeared strong Monday when she accepted an honorary degree from the University at Buffalo."

U.S. District Court to host naturalization ceremony in Fargo

The United States District Court for the District of North Dakota announces that a ceremony for the naturalization of new citizens will be held in Fargo on Wednesday, Aug. 28, at 11 a.m.

U.S. Supreme Court: Ginsburg treated for tumor on pancreas

Associated Press: "Justice Ruth Bader Ginsburg has completed radiation therapy for a cancerous tumor on her pancreas and there is no evidence of the disease remaining, the Supreme Court said Friday."

8th Circuit issues opinion in N.D. case: Aug. 22

The United States Court of Appeals for the Eighth Circuit has issued a per curiam opinion affirming a plea and sentence in a North Dakota criminal case.

U.S.: Law school Supreme Court clinics catapult students to top jobs

Bloomberg News: "Alex Twinem’s second-year spring at Stanford Law School looked a bit different than that of her peers. Twinem, rather than cramming for exams, was hard at work on a case that ultimately resulted in a landmark U.S. Supreme Court decision: Obergefell v. Hodges."

U.S.: Appeals court hammers Dollar Loan Center in payday lender dispute

Sioux Falls Argus Leader: "South Dakota’s chief banking regulator did not violate a payday lender’s rights when he ordered it to surrender its licenses, a federal appeals court has ruled."

8th Circuit decides N.D. case: Aug. 14

The United States Court of Appeals for the Eighth Circuit has issued a per curiam opinion in a North Dakota Fair Debt Collection Practices Act case.

U.S.: Supreme Court could take on these 2 major gun lawsuits

PBS News: "The U.S. Supreme Court has agreed to decide one gun-related case in its new term beginning in October, but two pending gun cases could have far wider impact on the current debate if the justices add them to their docket."

U.S. District Court offers pro bono resources

News Release: "Chief Judge Daniel L. Hovland of the United States District Court for the District of North Dakota announced the availability of resources for attorneys to provide services to survivors of domestic violence under the “Pro bono Work to Empower and Represent (POWER) Act” of 2018."

8th Circuit issues opinion in N.D. case: Aug. 8

The United States Court of Appeals for the Eighth Circuit has issued an opinion affirming a district court decision that denied a defendant's request to withdraw his guilty plea in a North Dakota sex abuse case.

New U.S. District Judge Welte takes oath

New United States District Judge Peter Welte took the oath of office from Eighth Circuit Judge Ralph Erickson on Aug. 6.

Appeals court sides with farm equipment makers

Bismarck Tribune: "A federal appeals court has affirmed a decision by a North Dakota judge who blocked a state law meant to protect farm equipment dealers."

Job Announcement

A job announcement for a Term Law Clerk with the U.S. District Court in Bismarck has been posted.

Parents reflect on case to be reviewed by U.S. Supreme Court

Daily Inter Lake: "Kalispell parents Kendra Espinoza and Jeri Anderson and Bigfork parent Jaime Schaefer are the faces of a Montana case regarding religious schools and funding that will have its day in the United States Supreme Court."

8th Circuit decides N.D. case: Aug 5

The United States Court of Appeals for the Eighth Circuit has issued an opinion affirming a district court order enjoining tribal courts in North Dakota's Mandan, Hidatsa, and Arikara Nation from deciding suits over oil and gas leases on allotted trust lands.

8th Circuit issues opinion in N.D. case: Aug. 2

The United States Court of Appeals has issued an opinion affirming a district court order that enjoined North Dakota Senate Bill 2289, which regulates relationships between manufacturers and farm equipment dealers.

Eighth Circuit upholds North Dakota voter ID law

Courthouse News Service: "The Eighth Circuit ruled Wednesday that a North Dakota law requiring voter identification is constitutional; vacating a federal court order that imposed a statewide injunction on the rule after Native American voters argued the ID law caused voter suppression."

8th Circuit issues opinion in N.D. case: Aug. 1

The United States Court of Appeals for the Eighth Circuit has issue an opinion affirming the conviction in a North Dakota sex trafficking case.

Peter Welte confirmed to federal judgeship

G.F. Herald: "The U.S. Senate confirmed former Grand Forks County State’s Attorney Peter Welte to fill a long-vacant federal judgeship on Tuesday, July 30."

8th Circuit issues opinion in N.D. case: July 31

The United States Court of Appeals has issued an opinion vacating the district court's statewide injunction in a case that challenged North Dakota's voter identification requirements.

Job Announcement

A job announcement for three Law Clerks with the U.S. District Court in Fargo has been posted.

Welte set for confirmation vote

KFYR News: "Former North Dakota State's Attorney Peter Welte is one step closer to becoming a Federal District Court Judge. Senate Majority Leader Mitch McConnell filed a closure on the nomination of Welte to serve the District of North Dakota."