The Roberts Court – One year after Kennedy’s retirement

SCOTUSblog: "Speaking at the judicial conference of the U.S. Court of Appeals for the 2nd Circuit in June, Justice Ruth Bader Ginsburg told her audience that Justice Anthony Kennedy’s 2018 retirement was 'the event of greatest consequence for the current term, and perhaps for many terms ahead.'"

U.S.: Supreme Court Associate Justice Ruth Bader Ginsburg, at 86, dreams of serving many more years

USA Today: "Supreme Court Associate Justice and liberal icon Ruth Bader Ginsburg has a message for friends and foes alike: She hopes to serve many more years."

Ruling involving newborn's death from South Dakota mom's drug use could have profound implications

G.F. Herald: "The reversal of a federal court decision to dismiss manslaughter charges against a Sisseton woman could have wide-ranging implications and will likely be back before the U.S. Court of Appeals for the Eighth Circuit."

U.S.: Ex-Marine, professor, MLB draft pick among high court clerks

Associated Press: "A former Marine who deployed twice to Afghanistan. A patent law professor. A woman who’s blind. Two Rhodes scholars. They’re among the lawyers starting work this summer as law clerks at the Supreme Court."

Job Announcement

A job announcement for a Case Administrator for the U.S. District Court in Fargo has been posted.

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has concluded that an appeal in a North Dakota habeas corpus case is moot.

U.S.: Former Supreme Court Justice John Paul Stevens dies at 99

Associated Press: "John Paul Stevens, the bow-tied, independent-thinking, Republican-nominated justice who unexpectedly emerged as the Supreme Court’s leading liberal, died Tuesday in Fort Lauderdale, Florida, after suffering a stroke Monday. He was 99."

Clarence Thomas: From 'Black Panther type' to Supreme Court's conservative beacon

NPR News: "On the U.S. Supreme Court, where nine justices often disagree but try to meld their views into majority decisions, one justice stands out."

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has issued a per curiam affirmance in a North Dakota civil rights case.

8th Circuit issues opinions in N.D. case

The United States Court of Appeals for the Eighth Circuit has affirmed a summary judgment dismissing a lien in a North Dakota oil field employment dispute and affirmed the district court's denial of attorney fees in the same matter.

U.S.: Court revives manslaughter charge in baby’s drug-related death

Courthouse News Service: "A divided Eighth Circuit panel reinstated an involuntary manslaughter charge Friday against a South Dakota woman whose son died hours after birth and was found to have illegal drugs in his system."

Job Announcement

Four job announcements for Assistant United States Attorneys with the U.S. Attorney's Office for the District of North Dakota have been posted.

U.S.: Five Supreme Court rulings of global import

VOA: "Every year, the United States Supreme Court issues decisions in around 70 cases, rulings that can profoundly affect American society for generations to come. But the powerful high court also considers a handful of cases with far-reaching consequences for the citizens, businesses and governments of other countries."

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has affirmed a summary judgment in a North Dakota insurance reimbursement case.

In the shadows: U.S. Supreme Court’s offstage moves may matter more

Christian Science Monitor: "Definitions of the shadow docket vary, but it essentially encompasses every decision the justices make that doesn’t receive a merits-based oral argument. These decisions can range from declining to hear a case to staying (or declining to stay) the execution of a death row inmate."

U.S.: Roberts’ Supreme Court defies easy political labels

Associated Press: "Just hours after Chief Justice John Roberts handed Republicans a huge victory that protects even the most extreme partisan electoral districts from federal court challenge, critics blasted him as worthy of being impeached, a politician who should run for office and a traitor."

U.S. Supreme Court opinions: June 27

The United States Supreme Court has issued opinions in a case involving warrantless blood tests of unconscious drivers, a case on partisan gerrymandering and a case on census questions.

U.S. Supreme Court opinions: June 26

The United States Supreme Court has issued opinions in a case on the right to trial by jury, a case on court deference to an agency's interpretation of its regulations, and a Commerce Clause case involving a state liquor law.

U.S.: High court to rule on census, gerrymandering in final week

Courthouse News Service: "Nearing the end of its term, the Supreme Court has yet to issue opinions in some of its highest-profile cases, including on the 2020 census, partisan gerrymandering and court deference to administrative agencies."

U.S. Supreme Court opinions: June 24

The United States Supreme Court has issued opinions in a case on the definition of "violent felony," a case on the confidentiality of food stamp information, a case involving registration of "immoral or scandalous" trademarks, and a maritime law case on punitive damages.

U.S. District Court to hold naturalization ceremony Wednesday

News Release: "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, June 26, 2019, at 11:00 a.m."

Job Announcement

A job announcement for a Courtroom Deputy with the U.S. District Court in Fargo has been posted.

U.S. Supreme Court opinions: June 21

The United States Supreme Court has issued opinions in a case on race-based peremptory juror challenges, a case on state taxation of trust income, a case on what must be proved to establish illegal firearms possession, and a takings clause case involving a private cemetery.

Lawyer takes fight against state bar dues to 8th Circuit

Courthouse News Service: "An Eighth Circuit panel heard oral arguments [June 13] in an attorney’s challenge over a state bar association’s requirement that attorneys be members of – and also pay dues to – the association in order to practice law."

U.S. Supreme Court opinions: June 20

The United States Supreme Court has issued opinions in a sex offender registration case, a civil rights case addressing a limitations period issue, an Establishment Clause case involving a war memorial cross, and a case on what constitutes an "unsolicited advertisement."

Sanford Health loses appeal in anti-trust lawsuit

Sioux Falls Argus Leader: "A federal appeals court has sided with a North Dakota judge who blocked a merger between Sanford Health and a private physician group. Sanford had sought to acquire Mid Dakota Clinic, which serves the Bismarck-Mandan area of North Dakota."

U.S.: A search for the elusive end of the term

SCOTUSblog: "The end of the term is in sight, though with 24 decisions in argued cases remaining [June 17], much work is left to do."

Job Announcement

A job announcement for a Courtroom Deputy with the United States District Court in Fargo has been posted.

Job Announcement

A job announcement for a Term Law Clerk to a United States Magistrate Judge in Fargo has been posted.

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has affirmed the conviction in a North Dakota drug case.

U.S.: Thomas, RBG align in 5-4 rulings

Associated Press: "Since Justice Ruth Bader Ginsburg’s return in late winter from cancer surgery and broken ribs , she has regularly accepted Justice Clarence Thomas’ extended hand to help her down the three steps behind the Supreme Court bench when the gavel falls and court ends for the day."

U.S.: Tension in the Court

ABA Journal: "As the U.S. Supreme Court enters the busy month of June, when it releases the final block of its decisions, there is a sense that the justices have succeeded in keeping their merits docket relatively low-key this term."

U.S.: Blackbeard's famed pirate ship, grounded three centuries ago, sails toward Supreme Court

USA Today: "The Supreme Court is digging into a dispute over a sunken pirate ship captained three centuries ago by the legendary pirate Blackbeard. The case, to be heard in the court's next term beginning in October, pits North Carolina against a video production company documenting the salvaging of the shipwreck."

U.S.: Clarence Thomas questions sources of retirement rumors

CNN: "Justice Clarence Thomas' booming voice filled the Supreme Court chamber Monday afternoon, as he took time off from the last month of the term to give a wide-ranging talk and publicly question where the rumors of his retirement come from."

Panel rejects appeal by drug kingpin convicted of murder

Bismarck Tribune: "A federal circuit court has rejected the appeal of a Minnesota man convicted of running a wide-ranging methamphetamine operation and ordering the killing of a man in North Dakota."

U.S. Supreme Court opinions: June 3

The United States Supreme Court has issued opinions in a Medicare payments case, a bankruptcy case involving creditor contempt, a case on filing requirements in civil rights matters, and a criminal case addressing credit for time served issues.

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has affirmed the conviction in a North Dakota murder and drug trafficking case.

U.S.: Supreme Court scholars’ new paper sparks debate over influence of blogs, podcasts

Reuters: "Law professors Jeffrey Fisher of Stanford and Allison Orr Larsen of William & Mary have spent the last couple of years studying the rise of blogs, podcasts and social media dedicated to litigation at the U.S. Supreme Court. They know as well as anyone how quickly new ideas about the court are picked up and chewed over."

U.S.: Supreme Court signals more openness to state abortion rules

Associated Press: "The Supreme Court signaled Tuesday it is more open to state restrictions on abortion, upholding an Indiana law supported by abortion opponents that regulates the disposal of fetal remains."

U.S. Supreme Court opinions: May 28

The United States Supreme Court has issued opinions in a case on judicial review of Social Security decisions, a debt collection class action case, and a civil rights case involving a retaliatory arrest claim.

U.S. Supreme Court per curiam opinion: May 28

The United States Supreme Court has issued a per curiam opinion in an abortion law case.

U.S.: 6 themes to pay attention to in upcoming Supreme Court decisions

NPR News: "It's decision season at the U.S. Supreme Court, and there are a host of consequential cases the justices are deciding, from a controversial Trump administration proposal to adding a citizenship question to the census to gerrymandering and a question of separation of church and state."

U.S.: Retired Justice Kennedy promises message of civility at American Law Institute’s annual meeting

SCOTUSblog: "'This award will inspire me in future years to bring again the message of civility and decency and progress to all of those who, like you, revere the law,' retired Justice Anthony Kennedy promised [May 20] as he received the Henry J. Friendly Medal at the American Law Institute’s annual meeting."

U.S.: High court sides with Crow tribe member in hunting dispute

Associated Press: "The Supreme Court on Monday sided with a member of the Crow tribe who was fined for hunting elk in Wyoming’s Bighorn National Forest, giving him a good chance to get a more than $8,000 fine against him overturned."

U.S.: Thomas blasts refusal to close 70-year-old federal tort loophole

Courthouse News Service: "U.S. Supreme Court Justice Clarence Thomas blasted his colleagues Monday for refusing to hear a tort case brought against the United States by the husband of a Navy lieutenant who died during childbirth at a naval hospital."

U.S. Supreme Court opinions: May 20

The United States Supreme Court has issued opinions in a bankruptcy case involving the use of trademarks, a case on whether the Crow Tribe’s hunting rights under an 1868 treaty expired when Wyoming became a state, and a case on drug warnings.

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has issued a per curiam opinion vacating the district court's denial of a challenge to a sentence enhancement in a North Dakota firearms possession case.

Abortion restrictions? Partisan election maps? Same-sex wedding cakes? Supreme Court has heard it all before

USA Today: "Same-sex wedding cakes are on the menu at the Supreme Court. Again. So are partisan election maps. And naughty trademarks. And an abortion restriction the high court struck down three years ago."

U.S.: Justice Breyer's warning and other things we learned at the Supreme Court Monday

CNN: "As the Supreme Court rounds the final turns of the term, Justice Stephen Breyer seemed to launch a warning towards his conservative colleagues in an opinion released Monday. Be very careful before you overturn precedent, he said."

U.S. Supreme Court opinions: May 13

The United States Supreme Court has issued opinions in a case involving the aftermarket for iPhone applications, a case on state sovereign immunity and a case on the applicability of statutes of limitation in False Claims Act matters.

U.S.: Federal judges have a way to make investigations disappear

Associated Press: "The fastest way for federal judges facing investigation by their peers to make an inquiry go away is to utter two words: 'I quit.'”

U.S.: Retired Justice John Paul Stevens talks history, his new book and ping-pong

NPR News: "When you interview a 99-year-old Supreme Court justice, one who has written some of the landmark opinions of modern times, you don't imagine in advance that the subplot of the interview is going to be Ping-Pong."

U.S.: Back-loaded Supreme Court enters 'flood season'

Bloomberg Law: "Justice Ruth Bader Ginsburg has referred to it as 'flood season.' Ginsburg was talking about the 'well-known crunch' as the end of the U.S. Supreme Court term approaches."

U.S.: Justice Brett Kavanaugh says judges 'owe our allegiance to the Constitution'

CNN: "Supreme Court Justice Brett Kavanaugh stressed judicial independence and 'allegiance to the Constitution' in his first major appearance outside of Washington since his contentious confirmation last October."

Lawsuit over North Dakota water supply project ends after 16 years

Dickinson Press: "The 2002 legal challenge to the Northwest Area Water Supply project has likely come to an end, Attorney General Wayne Stenehjem said Friday, May 3. In an opinion issued Friday morning, the D.C. Circuit Court ruled in favor of North Dakota and the Bureau of Reclamation."

U.S. Supreme Court opinion: April 29

The United States Supreme Court has issued an opinion in a case on when the Tennessee Valley Authority can be sued.

U.S. top court buttresses company power to arbitrate disputes

Reuters: "In a decision that could further help companies limit damages in disputes with workers, the U.S. Supreme Court on Wednesday ruled against a California man who was the victim of an online scam and sought to bring claims against his employer."

U.S. Supreme Court opinion: April 24

The United States Supreme Court has issued an opinion in a case involving the interpretation of an arbitration agreement.

U.S.: Supreme Court struggles with Wisconsin drunken driving law

Associated Press: "The Supreme Court on Tuesday grappled with a Wisconsin law that allows law enforcement to draw blood without a warrant from suspected drunken drivers who have become unconscious."

8th Circuit decides N.D. case

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

U.S.: Supreme Court decision on Freedom of Information Act hinges on one word

USA Today: "The Supreme Court spent an hour Monday debating the meaning of the word 'confidential.' The result could have major implications for public access to government records."

U.S. Supreme Court April 24 arguments

Wednesday, the United States Supreme Court will hear arguments in a case on the intent required for a burglary offense and in a bankruptcy case on whether a creditor’s good-faith belief that trying to collect a debt does not violate a discharge order protects the creditor from contempt.

U.S. District Court sets naturalization ceremony for April 23

News Release: "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 Tuesday, April 23, 2019, at 11:00 a.m."

U.S.: Quest for food stamp data lands newspaper at Supreme Court

U.S. News: "In the summer of 2010, reporters at South Dakota's Argus Leader newspaper decided to request data about the government's food assistance program, previously known as food stamps."

U.S. Supreme Court April 23 arguments

Tuesday, the United States Supreme Court will hear arguments in an illegal firearms possession case, a case involving a warrantless blood draw from an unconscious motorist, and a case on whether the Department of Commerce’s decision to add a citizenship question to the 2020 census was unlawful.

U.S. Supreme Court April 22 arguments

Monday, the United States Supreme Court will hear arguments in a Freedom of Information Act case involving disclosure of confidential information and a case on whether administrative exhaustion is a jurisdictional prerequisite to suit.

U.S. Supreme Court April 17 arguments

Wednesday, the United States Supreme Court hears arguments in a case on the definition of “crime of violence” and a case on the statute of limitations applicable to federal civil rights actions.

U.S. Supreme Court April 16 arguments

Tuesday, the United States Supreme Court will hear arguments in a case on whether state or federal law applies to offshore oil drilling operations and a case on state taxation of non-resident trusts.

8th Circuit issues opinion in N.D. case

The United States Court of Appeals for the Eighth Circuit has affirmed a district court decision to allow the prosecution to play video interviews during the trial of a North Dakota sexual abuse case.

U.S. Supreme Court April 15 arguments

Monday, the United States Supreme Court will hear arguments in a trademark case on “immoral” and “scandalous” marks and in a securities case on whether there is a right of action based on a negligent misstatement made in connection with a tender offer.

U.S.: Defining what's excessive in police property seizures remains tricky

NPR News: "Tyson Timbs won his Supreme Court case in February, but he still doesn't have his Land Rover. 'I want my truck back. I've always wanted it back,' says Timbs, whose Land Rover was seized by police in Indiana."

U.S.: On this day, Supreme Court hears Loving arguments

Constitution Daily: "On April 10, 1967, the United States Supreme Court held oral arguments in a landmark case about a Virginia law that said marriages between blacks and whites should be treated as a felony."

U.S.: Supreme Court justices feuding openly over death penalty

CNN: "The justices are still bitterly divided over the execution of Domineque Ray, who claimed his religious rights were violated because he could not have an imam with him in the execution chamber, in February -- so much so that they continued to litigate the case in an unrelated opinion issued on Monday."

U.S. Supreme Court opinions: April 1

The United States Supreme Court has issued opinions in a case on execution methods and in a social security disability benefits case.

U.S.: Supreme Court sees 2 similar death penalty questions very differently

Wyoming Public Media: "Two Supreme Court decisions just hours before a scheduled execution. Two decisions just seven weeks apart. Two decisions on the same issue. Except that in one, a Muslim was put to death without his imam allowed with him in the execution chamber, and in the other, a Buddhist's execution was temporarily halted because his Buddhist minister was denied the same right."

U.S.: High court seems split over curbing federal agencies’ power

Associated Press: "The Supreme Court seemed split Wednesday in a case where the justices are being asked to curb the power of federal agencies. The case before the justices is one in which the newly more conservative court could signal its willingness to reverse prior cases."

U.S. Supreme Court opinion: March 27

The United States Supreme Court has issued an opinion in a securities fraud case involving the dissemination of false and misleading statements.

U.S.: John Roberts' journey from 'sober puss' to the pinnacle of American law

CNN: "Chief Justice John Roberts has always had perfect timing. Shortly before he reached high school age, an elite boarding school was founded near his northern Indiana home. Even as a young boy he knew that it offered a place to obtain a superior education."

U.S. Supreme Court opinions: March 26

The United States Supreme Court has issued opinions in a case involving operation of a hovercraft in an Alaska national park and in a Foreign Sovereign Immunities Act case stemming from the bombing of the U.S. Navy ship Cole.

U.S. Supreme Court March 27 arguments

Wednesday, the United States Supreme Court will hear arguments in a case on whether a court must defer to an agency's interpretation of its own ambiguous regulation.

U.S. Supreme Court March 26 arguments

Tuesday, the United States Supreme Court will hear arguments in two partisan gerrymandering cases.

8th Circuit decides N.D. case

The United States Court of Appeals for the Eighth Circuit has vacated a district court judgment and remanded for further proceedings in a North Dakota illegal ammunition possession case.

U.S. Supreme Court March 25 arguments

Monday, the United States Supreme Court will hear arguments in a case on whether district courts must defer to agency interpretations of statutes and a case and a case on whether punitive damages are available in injury suits involving a breach of a general maritime duty.

U.S.: High court case on jury-selection bias draws out Thomas

Courthouse News Service: "The Supreme Court appeared ready Wednesday to vacate a death-penalty conviction in a case where the prosecutor had a history of racially motivated juror strikes."

U.S. Supreme Court opinions: March 20

The United States Supreme Court has issued opinions in a case on whether a law firm conducting a foreclosure is a "debt collector" under the Fair Debt Collection Practices Act and a case stemming from a lawsuit against Google for alleged violations of the Stored Communications Act.

Job Announcement

A job announcement for a Federal Public Defender for the Districts of North and South Dakota has been posted.

U.S.: Sandra Day O'Connor reflects on life before, during and after the Supreme Court

CNN: "A new biography of the first woman on the Supreme Court details Justice Sandra Day O'Connor's agonizing struggle with her husband's dementia in the years before she retired and her later angst as she watched the court lunge rightward and faced her own declining health."

U.S. Supreme Court opinions: March 19

The United States Supreme Court has issued opinions in a case involving asbestos used on Navy ships, a case on the detention of deportable aliens, and a case on state taxation of fuel sold on an Indian reservation.

U.S. Supreme Court March 20 arguments

Wednesday, the United States Supreme Court will hear arguments on whether jurors were improperly struck because of race in a Mississippi murder case.

U.S. Supreme Court March 18 arguments

Monday, the United States Supreme Court will hear arguments in a case on Social Security Administration’s Appeals Council actions and a case on whether a state legislature has standing to appeal a district court’s order to enact a remedial redistricting plan.

U.S. Supreme Court March 19 arguments

Tuesday, the United States Supreme Court will hear arguments in a False Claims Act case involving statutes of limitation.

Peter Welte's nomination as federal judge passes Senate Judiciary Committee

G.F. Herald: "The nomination for Peter Welte to become a U.S. District Court Judge for North Dakota was approved by the Senate Judiciary Committee Thursday. Welte served as Grand Forks County State's Attorney for over a decade."

U.S.: Chief Justice Roberts weighs ethics code for high court

Courthouse News Service: "At a hearing Thursday on the high court’s budget, Justice Elena Kagan told lawmakers that Chief Justice John Roberts is looking into the possibility of drafting a code of conduct that applies only to Supreme Court justices."

8th Circuit decides two N.D. cases

The United States Court of Appeals for the Eighth Circuit has issued opinions in two North Dakota cases: it affirmed the convictions in a sex abuse and assault case and dismissed the appeal in a drug case.

U.S. Supreme Court opinions: March 4

The United States Supreme Court has issued opinions in two copyright cases and a railroad employee pay case.

U.S.: Supreme Court appears ready to let cross stand but struggles with church-state test

NPR News: "The U.S. Supreme Court appeared ready to let stand a 40-foot cross on public land in Maryland, but the justices struggled to come up with a test to clarify the separation of church and state in this country."

Senate Judiciary Committee to meet on nominations of Welte, Wrigley

G.F. Herald: "The U.S. Senate Judiciary Committee will meet Thursday to discuss the nominations of Grand Forks attorney Peter Welte to serve as U.S. District Judge for North Dakota and former North Dakota Lt. Gov. Drew Wrigley to serve as U.S. Attorney for North Dakota."

Job Announcement

A job announcement for an Assistant Federal Public Defender with the Federal Public Defender office in Bismarck has been posted.