John Elwood
@johnpelwood.bsky.social
Law nerd. Music fan. Serial monomaniac. Views are my own and not my firm's. Maybe not even mine.
Friday's/Monday's SCOTUS grants? A likely grant regarding whether noncitizens must enter the US to be eligible for asylum; SCOTUS takes a close look at a 4th Circuit habeas grant; & acquitted conduct sentencing returns
Borderlines, benchslaps, and burdens of proof www.scotusblog.com/2025/11/bord...
Borderlines, benchslaps, and burdens of proof www.scotusblog.com/2025/11/bord...
Borderlines, benchslaps, and burdens of proof
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court had some good […]
www.scotusblog.com
November 12, 2025 at 5:47 PM
Friday's/Monday's SCOTUS grants? A likely grant regarding whether noncitizens must enter the US to be eligible for asylum; SCOTUS takes a close look at a 4th Circuit habeas grant; & acquitted conduct sentencing returns
Borderlines, benchslaps, and burdens of proof www.scotusblog.com/2025/11/bord...
Borderlines, benchslaps, and burdens of proof www.scotusblog.com/2025/11/bord...
A preview of this morning's #SCOTUS grant is below: whether federal election law pre-empts state laws allowing absentee ballots cast before election day to arrive a few days after it.
All eyes are on #SCOTUS this morning because of this week's sole relist: Whether federal law pre-empts state laws allowing absentee ballots cast before election day to be received for a few days after it. This strikes me as a likely Friday/Monday grant.
www.scotusblog.com/2025/11/the-...
www.scotusblog.com/2025/11/the-...
The meaning of “election day”
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court is meeting in […]
www.scotusblog.com
November 10, 2025 at 3:26 PM
A preview of this morning's #SCOTUS grant is below: whether federal election law pre-empts state laws allowing absentee ballots cast before election day to arrive a few days after it.
All eyes are on #SCOTUS this morning because of this week's sole relist: Whether federal law pre-empts state laws allowing absentee ballots cast before election day to be received for a few days after it. This strikes me as a likely Friday/Monday grant.
www.scotusblog.com/2025/11/the-...
www.scotusblog.com/2025/11/the-...
The meaning of “election day”
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court is meeting in […]
www.scotusblog.com
November 5, 2025 at 2:04 PM
All eyes are on #SCOTUS this morning because of this week's sole relist: Whether federal law pre-empts state laws allowing absentee ballots cast before election day to be received for a few days after it. This strikes me as a likely Friday/Monday grant.
www.scotusblog.com/2025/11/the-...
www.scotusblog.com/2025/11/the-...
An interesting history of how then-law-clerk John Roberts was involved in the Dames & Moore case at the center of the upcoming tariffs argument. Fun fact: Roberts studied for the bar w/counsel to the challengers, Michael McConnell.
www.cnn.com/2025/10/29/p...
www.cnn.com/2025/10/29/p...
William Rehnquist, his clerk John Roberts and the Supreme Court precedent at the center of Trump’s tariffs case | CNN Politics
Most judges who have considered President Donald Trump’s disputed tariffs have ruled against him. But when the Supreme Court hears his appeal next week, it may be influenced by a forceful dissenting o...
www.cnn.com
October 29, 2025 at 6:15 PM
An interesting history of how then-law-clerk John Roberts was involved in the Dames & Moore case at the center of the upcoming tariffs argument. Fun fact: Roberts studied for the bar w/counsel to the challengers, Michael McConnell.
www.cnn.com/2025/10/29/p...
www.cnn.com/2025/10/29/p...
Friday's (or Monday's) #SCOTUS grants? The government petitions to review a decision striking down on 2d Amendment grounds a law prohibiting gun possession by controlled substance users. And another colorable grant on the scope of judicial estoppel.
www.scotusblog.com/2025/10/cont...
www.scotusblog.com/2025/10/cont...
Controlled substances and courtroom candor
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. It’s only week two of the […]
www.scotusblog.com
October 15, 2025 at 5:57 PM
Friday's (or Monday's) #SCOTUS grants? The government petitions to review a decision striking down on 2d Amendment grounds a law prohibiting gun possession by controlled substance users. And another colorable grant on the scope of judicial estoppel.
www.scotusblog.com/2025/10/cont...
www.scotusblog.com/2025/10/cont...
The Court granted review on Hunter v. US, previewed below. Note in particular the last line of my write up.
October 10, 2025 at 8:40 PM
The Court granted review on Hunter v. US, previewed below. Note in particular the last line of my write up.
Today's/Monday's #SCOTUS grants? Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, &Feres doctrine.
www.scotusblog.com/2025/10/the-...
www.scotusblog.com/2025/10/the-...
The justices return — and so do the relists
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. Summer has ended at last. […]
www.scotusblog.com
October 10, 2025 at 5:05 PM
Today's/Monday's #SCOTUS grants? Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, &Feres doctrine.
www.scotusblog.com/2025/10/the-...
www.scotusblog.com/2025/10/the-...
This week's installment was delayed because I had an argument in New Orleans Tuesday morning, then travelled up to Maine for Damariscotta's annual Pumpkinfest. My feed will transition from legal topics to oversized gourds shortly after 10 or 11 am.
October 10, 2025 at 12:55 PM
This week's installment was delayed because I had an argument in New Orleans Tuesday morning, then travelled up to Maine for Damariscotta's annual Pumpkinfest. My feed will transition from legal topics to oversized gourds shortly after 10 or 11 am.
#SCOTUS relisted 17 cases this week! Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, AEDPA, and the ever-resilient Feres doctrine.
October 10, 2025 at 12:53 PM
#SCOTUS relisted 17 cases this week! Parental rights, vaccine mandates, 7th Amend. incorporation, Section 230, prison litigation, arbitration exemptions, appeal waivers, confrontation rights, tribal sovereignty, unclaimed property, qualified immunity, AEDPA, and the ever-resilient Feres doctrine.
In an earlier trial, the judge repeatedly said "I would urge government to continue their investigation" of doctors, voicing "hope" govt "pursuing … the corrupt doctors," including Dowd. Govt indicted & case assigned to different judge. On Govt motion, 1st judge presided over case he'd "urge[d]."
Remarkable. The government made no public filing, just emailed judge asking for restitution. Without waiting 14 days court rules provide, judge entered $8.5 restitution order on day 10 without hearing from the defendant. 2d Circuit said that was consistent with Due Process.
What will #SCOTUS do?
What will #SCOTUS do?
September 26, 2025 at 5:22 PM
In an earlier trial, the judge repeatedly said "I would urge government to continue their investigation" of doctors, voicing "hope" govt "pursuing … the corrupt doctors," including Dowd. Govt indicted & case assigned to different judge. On Govt motion, 1st judge presided over case he'd "urge[d]."
Remarkable. The government made no public filing, just emailed judge asking for restitution. Without waiting 14 days court rules provide, judge entered $8.5 restitution order on day 10 without hearing from the defendant. 2d Circuit said that was consistent with Due Process.
What will #SCOTUS do?
What will #SCOTUS do?
September 23, 2025 at 2:52 PM
Remarkable. The government made no public filing, just emailed judge asking for restitution. Without waiting 14 days court rules provide, judge entered $8.5 restitution order on day 10 without hearing from the defendant. 2d Circuit said that was consistent with Due Process.
What will #SCOTUS do?
What will #SCOTUS do?
Reposted by John Elwood
Dear pierogi man:
I am *extremely* licensed in Massachusetts and would love to try a case in Dukes county, during the two months court is in session there.
I am 5-0 for trials since they restarted after the pandemic and the last two cases I defended resulted in an award of fees for my client.
I am *extremely* licensed in Massachusetts and would love to try a case in Dukes county, during the two months court is in session there.
I am 5-0 for trials since they restarted after the pandemic and the last two cases I defended resulted in an award of fees for my client.
After a Martha’s Vineyard pierogi vendor refused to sell to him, Epstein’s lawyer plans to sue a farmer’s market so that they must sell to him.
Alan Dershowitz Takes on His Greatest Challenge Yet: A Farmers Market
After a Martha’s Vineyard pierogi vendor refused to sell to him, Epstein’s lawyer plans to sue a farmer’s market so that they must sell to him.
nymag.com
July 31, 2025 at 3:39 PM
Dear pierogi man:
I am *extremely* licensed in Massachusetts and would love to try a case in Dukes county, during the two months court is in session there.
I am 5-0 for trials since they restarted after the pandemic and the last two cases I defended resulted in an award of fees for my client.
I am *extremely* licensed in Massachusetts and would love to try a case in Dukes county, during the two months court is in session there.
I am 5-0 for trials since they restarted after the pandemic and the last two cases I defended resulted in an award of fees for my client.
Tonight's walk. Pemaquid Point ME lighthouse.
July 31, 2025 at 1:15 AM
Tonight's walk. Pemaquid Point ME lighthouse.
Natalie Bergman - Gunslinger (Official Video)
YouTube video by OfficialTMR
youtube.com
July 31, 2025 at 1:02 AM
This guy showed up in my backyard just a couple days late.
July 9, 2025 at 3:00 PM
This guy showed up in my backyard just a couple days late.
Thursday's #SCOTUS grants? Court appears to have relisted the 3 transgender sports cases--potential blockbusters; a parental notification abortion case; 3 interesting state sovereign immunity cases; & 2 cases about using Section 1983 to challenge laws w/o vacating your conviction under them first.
Off the field, off the rails, and off on vacation: The final relists of October Term 2024
Off the field, off the rails, and off on vacation: The final relists of October Term 2024
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. Every summer, before the justices l...
www.scotusblog.com
July 1, 2025 at 8:05 PM
Thursday's #SCOTUS grants? Court appears to have relisted the 3 transgender sports cases--potential blockbusters; a parental notification abortion case; 3 interesting state sovereign immunity cases; & 2 cases about using Section 1983 to challenge laws w/o vacating your conviction under them first.
Interesting that Justice Kavanaugh had two majority opinions for April and Justices Kagan and Jackson had none. They must have been assigned the ill-fated LabCorp and St. Isidore cases.
June 28, 2025 at 4:16 AM
Interesting that Justice Kavanaugh had two majority opinions for April and Justices Kagan and Jackson had none. They must have been assigned the ill-fated LabCorp and St. Isidore cases.
From Consumers Research today: Justice Kavanaugh, who called for reconsideration of nondelegation doctrine, has made his peace with the "intelligible principle" standard. He makes explicit what some have speculated: Justices think major questions doctrine has mitigated risks of expansive delegation.
June 27, 2025 at 3:09 PM
From Consumers Research today: Justice Kavanaugh, who called for reconsideration of nondelegation doctrine, has made his peace with the "intelligible principle" standard. He makes explicit what some have speculated: Justices think major questions doctrine has mitigated risks of expansive delegation.
Reposted by John Elwood
Supreme Court will have its final rulings of the term, including birthright citizenship, on Friday.
June 26, 2025 at 2:19 PM
Supreme Court will have its final rulings of the term, including birthright citizenship, on Friday.
Here's my preview of what I think may be Monday's #SCOTUS grants. They include a potential campaign finance blockbuster, where the Court may overrule a precedent about coordinated spending. Plus another election law challenge, a civ pro case, and immigration.
www.scotusblog.com/2025/06/a-bl...
www.scotusblog.com/2025/06/a-bl...
A blockbuster finale looms
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court continues to make […]
www.scotusblog.com
June 25, 2025 at 6:27 PM
Here's my preview of what I think may be Monday's #SCOTUS grants. They include a potential campaign finance blockbuster, where the Court may overrule a precedent about coordinated spending. Plus another election law challenge, a civ pro case, and immigration.
www.scotusblog.com/2025/06/a-bl...
www.scotusblog.com/2025/06/a-bl...
I'll be posting less, as the ex-Treasury Secretary has written me from the future (24/7/2025) using abdullahianas468's gmail account to give me $30.000,000 dollars. As usual when claiming a totally legitimate government benefit, all I have to do is send her a $150 Apple gift card.
June 24, 2025 at 3:25 PM
I'll be posting less, as the ex-Treasury Secretary has written me from the future (24/7/2025) using abdullahianas468's gmail account to give me $30.000,000 dollars. As usual when claiming a totally legitimate government benefit, all I have to do is send her a $150 Apple gift card.
The case I called "a likely grant" two weeks ago was granted today. One of the more interesting cases on for #SCOTUS argument in the fall. Click the link below for a preview.
There are no newly relisted cases this week, but at the risk of mission creep, I preview a likely #SCOTUS grant involving possible constitutional limits on giving money damages for infringing religious exercise. The case of the shaved dreadlocks.
www.scotusblog.com/2025/06/miss...
www.scotusblog.com/2025/06/miss...
Mission Creep Watch: A non-relisted case the Supreme Court might grant
The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. The Supreme Court continues its bli...
www.scotusblog.com
June 23, 2025 at 2:05 PM
The case I called "a likely grant" two weeks ago was granted today. One of the more interesting cases on for #SCOTUS argument in the fall. Click the link below for a preview.