Justice

Justices seem receptive of private suits against investment companies

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In a recent hearing regarding FS Credit Opportunities Corp. v. Saba Capital Master Fund, the Supreme Court justices exhibited a surprising openness to allowing private parties to sue investment companies under the Investment Company Act of 1940. This case marks a significant moment as it challenges the traditional skepticism the Court has shown towards implied rights of action in previous decades. The justices’ consideration of the statute’s provisions suggests a potential shift in the legal landscape governing investment companies and their accountability. Arguments Presented Before the Court The arguments presented by Shay Dvoretzky, representing the … Read more

Justice David Souter: A Former Supreme Court Employee Remembers

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When I awoke on Friday, May 9, 2025, the first thing I heard was that retired Justice David Souter had died. Of all the public figures I have met or worked with, he was in many respects, the most impressive. Even now it is hard to believe he is gone. The Legacy of Justice Souter Justice David Souter’s judicial philosophy was deeply rooted in a common law approach to interpretation, allowing for both precedent and progress in the law. He embraced the qualities of a progressive and a Burkean gradualist, which were evident in his … Read more

Court appears divided on whether lower courts properly found death row inmate to be intellectually disabled

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The Supreme Court recently grappled with the complex case of Joseph Smith, an Alabama man who has spent over two decades on death row. The core issue at hand is whether the lower courts adequately assessed Smith’s assertion of intellectual disability, which is critical in determining his eligibility for execution. Smith’s situation is particularly challenging due to the fact that he has undergone five separate IQ tests over nearly four decades, yielding varying results that complicate the legal proceedings surrounding his death sentence. Background of the Case Smith’s legal battle is rooted in the Supreme … Read more

Relist Rodeo: Firearm Restrictions, Searches Incident to Arrest, DNA Evidence, and ‘Clearly Established’ Law

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The Supreme Court’s relist process has garnered significant attention, especially as the Court prepares for its upcoming term. With a pressing calendar and a multitude of cases awaiting review, the relist phenomenon serves as a critical mechanism for revisiting contentious legal issues. Among the topics currently under consideration are firearm restrictions, searches incident to arrest, and the implications of DNA evidence in legal proceedings. This segment will delve into these pivotal areas, emphasizing their relevance within the broader context of jurisprudence. Firearm Restrictions and Their Legal Challenges One of the most pressing issues in the … Read more