Today marks the anniversary of the birth of former Supreme Court Justice Potter Stewart, born on this day in 1915. Justice Stewart remains renowned for his phrase, “I know it when I see it,” which he used to characterize the challenges of defining “hard core pornography” in the context of freedom of expression limitations. The phrase has since become a part of legal and cultural lexicon, as discussed in his opinions such as Jacobellis v. Ohio.
In other news, Sarah Isgur is offering a signed bookplate for preorders of her forthcoming book, “Last Branch Standing.” The book explores the history and current functioning of the Supreme Court, dubbing it the Founding Fathers’ “third wheel,” and argues that it remains recognizable to them today. Preorders can receive a bookplate until February 9 by visiting the provided page.
This week, the Supreme Court concluded its January sitting, after having heard three arguments. Recent decisions were released in the cases of Berk v. Choy, Ellingburg v. United States, and Coney Island Auto Parts Unlimited, Inc. v. Burton. The court’s decision in Berk determined that a Delaware law requiring affidavits from medical professionals does not pertain to federal courts, while Ellingburg addressed restitution mandates under the Mandatory Victims Restitution Act of 1996 and its nature as criminal punishment under the ex post facto clause. In Coney Island, the Court reaffirmed that the reasonable-time limit under Federal Rule of Civil Procedure 60(c)(1) applies to void judgment claims.
- Today, justices will meet in a private conference to discuss potential cases for review from a long list of petitions. New additions to the oral argument docket may be announced following this conference.
- The court is set to issue an order list on Monday at 9:30 a.m. EST.
- The next opinion release could occur by February 20, if usual patterns are followed.
In related Supreme Court news:
- Discussions continue regarding the court’s delayed ruling on IEEPA tariffs, with experts suggesting the delay is typical and not an emergency response.
- Security for Supreme Court justices recently received a $30 million budget increase for enhanced protection.
- An internal memo from Immigration and Customs Enforcement revealed new powers to enter homes with administrative warrants, prompting concerns of overreach.
- A church near Pittsburgh filed a lawsuit against a township, alleging religious discrimination over limitations on building a bell tower.
- Paul Clement’s use of “the full Taft” and “Roberts Rules” during an argument in Trump v. Cook was highlighted by commentator Josh Blackman.
The court is also considering a revisit of its landmark McGirt v. Oklahoma decision regarding American Indian rights and state income tax in the case Stroble v. Oklahoma Tax Commission, following a petition by Alicia Stroble, a Muscogee (Creek) Nation citizen.
As the Supreme Court continues its duties, these cases and discussions highlight the ever-evolving legal landscape in the United States. For further detailed insight, visit SCOTUSblog.