NAAG State Solicitors General & Appellate Chiefs Conference
September 15-16, 2022 San Francisco, California The conference will provide a forum in which state solicitors general and appellate chiefs can exchange ideas and obtain information that will help improve each state’s appellate practice. Among the expected speakers are Judges Leondra Kruger and Jeffrey Sutton, and Jeffrey Fisher, Pamela Karlan, Orin Kerr, Erin Murphy, and…
Supreme Court Report: MOAC Mall Holdings LLC v. Transform Holdco LLC, 21-1270
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: MOAC Mall Holdings LLC v. Transform Holdco LLC, 21-1270 MOAC Mall Holdings LLC v. Transform Holdco LLC, 21-1270. The question presented is whether during bankruptcy proceedings 11 U.S.C. §363(m) limits appellate jurisdiction over any…
Supreme Court Report: Ciminelli v. United States, 21-1271
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: Ciminelli v. United States, 21-1271 Ciminelli v. United States, 21-1271. The Court will resolve “[w]hether the Second Circuit’s ‘right to control’ theory of fraud—which treats the deprivation of complete and accurate information bearing on…
Supreme Court Report: Percoco v. United States, 21-1158
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: Percoco v. United States, 21-1158 Percoco v. United States, 21-1158. At issue is whether “a private citizen who holds no elected office or government employment, but has informal political or other influence over governmental…
Supreme Court Report: Moore v. Harper, 21-1271
Volume 29, Issue 21 This Report summarizes cases granted review on June 27 and 30, 2022 (Part II). Case Granted Review: Moore v. Harper, 21-1271 Moore v. Harper, 21-1271. Petitioners ask the Court to adopt what has come to be known as the “independent state legislature” theory. Their question presented is: “Whether a State’s judicial…
Opinion: Concepcion v. United States, 20-1650
Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: Concepcion v. United States, 20-1650 Concepcion v. United States, 20-1650. In a 5-4 decision, the Court held that the First Step Act of 2018 allows district courts to consider intervening changes of law or fact when…
Opinion: Ruan v. United States, 20-1410
Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: Ruan v. United States, 20-1410 Ruan v. United States, 20-1410. The Court held that once a doctor who is charged with dispensing controlled substances produces evidence that his conduct was “authorized,” the Government must prove beyond…
Opinion: Torres v. Texas Dep’t of Public Safety, 20-603
Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: Torres v. Texas Dep’t of Public Safety, 20-603 Torres v. Texas Dep’t of Public Safety, 20-603. By a 5-4 vote, the Court held that Congress has the authority to authorize suits against nonconsenting states pursuant to…
Opinion: Kennedy v. Bremerton School District, 21-418
Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: Kennedy v. Bremerton School District, 21-418 Kennedy v. Bremerton School District, 21-418. By a 6-3 vote, the Court held that a school district violated the Free Speech and Free Exercise Clause rights of a football coach…
Opinion: Oklahoma v. Castro-Huerta, 21-429
Volume 29, Issue 20 This Report summarizes opinions issued on June 27, 29, and 30, 2022 (Part I). Opinion: Oklahoma v. Castro-Huerta, 21-429 Oklahoma v. Castro-Huerta, 21-429. By a 5-4 vote, the Court held that “the Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.”…
