Amy Howe Posts

Justices appear likely to side with homeowner in foreclosure dispute

Justices heard arguments in Tyler v. Hennepin County, Minnesota to assess if taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violates the Fifth Amendment’s takings clause and if the forfeiture of property worth far more than needed to satisfy a debt, plus interest, penalties, and costs, is a fine within the meaning of the Eighth Amendment.

U.S. Supreme Court Adds Two Cases on Native American Law and Issues Two Opinions Granting Police Officers Qualified Immunity

The Supreme Court on Monday morning added two new cases, both involving Native Americans, to its docket for this term. The justices also issued two unsigned decisions holding, without oral argument, that police officers are entitled to qualified immunity from lawsuits accusing them of using excessive force. The justices, however, did not act on several of the high-profile petitions that they considered at their private conference last week.

The Chief Justice’s 2018 Year-End Report: The Federal Judiciary and #MeToo

Chief Justice John Roberts released his annual report on the federal judiciary today, focusing on the judiciary’s response to allegations of sexual misconduct in the workplace. Roberts had discussed this issue in his 2017 report, after several female law clerks accused Judge Alex Kozinski – then a prominent judge on the U.S. Court of Appeals for the 9th Circuit – of inappropriate sexual conduct.