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The Supreme Court ducked the question of whether Puerto Rico and other U.S. territories are entitled to Eleventh Amendment sovereign immunity just like states.

Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.

It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.

The Supreme Court’s MOAC decision contains language casting doubt on the validity of the doctrine of equitable mootness.

The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).

The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.

Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?

The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.

The Supreme Court now has two bankruptcy cases on the calendar for argument in the term to begin in October.

The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.