Supreme Court of the United States
313 episodes - English - Latest episode: 3 months ago - ★★★★★ - 2 ratingsSupreme Court Season episodes will include all arguments that occur from October 01st to June/July.
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Case: 19-1442 Carr v. Saul (2021-March-3)
March 08, 2021 04:41 - 1 hour - 28.3 MBConsolidated with: Davis v. Saul Issue: Whether a claimant seeking disability benefits under the Social Security Act forfeits an appointments-clause challenge to the appointment of an administrative law judge by failing to present that challenge during administrative proceedings. DateProceedings and Orders (key to color coding)Jun 29 2020 | Petition for a writ of certiorari filed. (Response due July 31, 2020) Jun 29 2020 | Pursuant to Rule 34.6 and Paragraph 9 of the Guidelines for the S...
Case: 19-1257 Brnovich v. Democratic National Committee (2021-March-2)
March 08, 2021 04:39 - 1 hour - 52.3 MBConsolidated with: Arizona Republican Party v. Democratic National Committee Issues: (1) Whether Arizona’s out-of-precinct policy, which does not count provisional ballots cast in person on Election Day outside of the voter’s designated precinct, violates Section 2 of the Voting Rights Act; and (2) whether Arizona’s ballot-collection law, which permits only certain persons (i.e., family and household members, caregivers, mail carriers and elections officials) to handle another person’s co...
Case: 19-1434 United States v. Arthrex Inc. (2021-March-1)
March 08, 2021 04:37 - 1 hour - 40.9 MBConsolidated with: Smith & Nephew Inc. v. Arthrex Inc. Arthrex Inc. v. Smith & Nephew Inc. Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is counsel on an amicus brief in support of the respondents in this case. Issues: (1) Whether, for purposes of the Constitution’s appointments clause, administrative patent judges of the U.S. Patent and Trademark Office are principal officers who must be appointed by the president with the Senate’...
Case: 20-18 Lange v. California (2021-February-24)
March 01, 2021 03:22 - 1 hour - 51.5 MBIssue: Whether the pursuit of a person whom a police officer has probable cause to believe has committed a misdemeanor categorically qualifies as an exigent circumstance sufficient to allow the officer to enter a home without a warrant. February argument calendar includes immigration, voting-rights cases (Amy Howe) Justices take up Fourth Amendment case (Amy Howe) Relist Watch (John Elwood) Petitions of the week: Title VII for the military, Medicaid work requirements and more (Andrew Ha...
Case: 19-1155 Wilkinson, Acting Att'y Gen. v. Dai (2021-February-23)
March 01, 2021 03:15 - 1 hour - 43.7 MBIssues: (1) Whether a court of appeals may conclusively presume that an asylum applicant’s testimony is credible and true whenever an immigration judge or the Board of Immigration Appeals adjudicates an application without making an explicit adverse credibility determination; and (2) whether the court of appeals violated the remand rule as set forth in INS v. Ventura when it determined in the first instance that the respondent, Ming Dai, was eligible for asylum and entitled to withholding o...
Case: 142-Orig Florida v. Georgia (2021-February-22)
February 23, 2021 01:02 - 1 hour - 30.2 MBQUESTION PRESENTED: Whether Florida is entitled to equitable apportionment of the waters of the Apalachicola-Chattahoochee-Flint River Basin and appropriate injunctive relief against Georgia to sustain an adequate flow of fresh water into the Apalachicola Region. DateProceedings and Orders (key to color coding) Sep 30 2013 | Documents filed with the Special Master may be found on the Special Master's website at https://www.ca10.uscourts.gov/special-master-142 Oct 01 2013 | Motion ...
Case: 19-1189 BP P.L.C. v. Mayor and City Council of Baltimore (2021-January-19)
January 19, 2021 23:18 - 1 hour - 34.4 MBQUESTION PRESENTED: Whether 28 U.S.C. 1447(d) permits a court of appeals to review any issue encompassed in a district court’s order remanding a removed case to state court when the removing defendant premised removal in part on the federal-officer removal statute, 28 U.S.C. 1442, or the civil-rights removal statute, 28 U.S.C. 1443. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt DateProceedings and Orders (key to color coding...
Case: 19-1231 Federal Communications Commission v. Prometheus Radio Project (2021-January-19)
January 19, 2021 23:17 - 1 hour - 37 MBQUESTION PRESENTED: Whether the U.S. Court of Appeals for the 3rd Circuit erred in vacating as arbitrary and capricious the Federal Communications Commission orders under review, which, among other things, relaxed the agency’s cross-ownership restrictions to accommodate changed market conditions. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt DateProceedings and Orders (key to color coding) Feb 07 2020 | Application (19A879) ...
Case: 19-508 AMG Capital Management, LLC v. Federal Trade Commission (2020-January-13)
January 13, 2021 21:56 - 1 hour - 30.6 MBQUESTION PRESENTED: Whether Section 13(b) of the Federal Trade Commission Act, by authorizing “injunction[s],” also authorizes the Federal Trade Commission to demand monetary relief such as restitution—and if so, the scope of the limits or requirements for such relief. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt DateProceedings and Orders (key to color coding) Sep 03 2019 | Application (19A252) to extend the time to file a ...
Case: 19-968 Uzuegbunam v. Preczewski (2020-January-12)
January 13, 2021 03:17 - 1 hour - 42.4 MBQUESTION PRESENTED: Whether a government’s post-filing change of an unconstitutional policy moots nominal-damages claims that vindicate the government’s past, completed violation of a plaintiff’s constitutional right. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt Date | Proceedings and Orders Oct 24 2019 | Application (19A461) to extend the time to file a petition for a writ of certiorari from December 3, 201...
Case: 19-897 Pham v. Guzman Chavez (2020-January-11)
January 13, 2021 03:15 - 1 hour - 30 MBQUESTION PRESENTED: Whether the detention of an alien who is subject to a reinstated removal order and who is pursuing withholding or deferral of removal is governed by 8 U.S.C. § 1231, or instead by 8 U.S.C. § 1226. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt Date | Proceedings and Orders Dec 27 2019 | Application (19A723) to extend the time to file a petition for a writ of certiorari from January 8, 201...
Consolidated Case: 19-422 COLLINS V. MNUCHIN and 19-563 MNUCHIN V. COLLINS (2020-December-09)
December 10, 2020 00:02 - 1 hour - 46.3 MB19-422 COLLINS V. MNUCHIN, SECRETARY OF TREASURY QUESTION PRESENTED: In 2008, Congress created the Federal Housing Finance Agency (FHFA) - an "independent" agency with sweeping authority over the housing finance system. 12 U.S.C. § 4511(a ). Unlike every other independent agency except the Consumer Financial Protection Bureau, FHFA is headed by a single Director who can only be removed for cause by the President and is exempt from the congressional appropriations process. 12 U.S...
Case: 19-511 FACEBOOK, INC. V. DUGUID (2020-December-08)
December 09, 2020 04:24 - 1 hour - 38 MBQUESTION PRESENTED: Congress enacted the Telephone Consumer Protection Act of 1991 ("TCP A") to prohibit calls made to a cell phone without consent using an "automatic telephone dialing system" ("ATDS"). That prohibition exempts calls made "to collect a debt owed to or guaranteed by the United States" or "made for emergency purposes." 47 U.S. §227 (b)(l )(A)(iii). Here, Petitioner was sued for violating this prohibition and defended on the ground, inter alia, that the prohibition ...
Case: 19-963 HENRY SCHEIN, INC. V. ARCHER & WHITE SALES, INC. (2020-December-08)
December 09, 2020 04:24 - 1 hour - 32 MBQUESTION PRESENTED: Whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt DateProceedings and Orders Jan 31 2020 | Petition for a writ of certiorari filed. (Response due March 2, 2020) Mar 02 2020 | Brief of respondent Archer and White Sa...
Case: 18-1447 HUNGARY V. SIMON (2020-December-07)
December 09, 2020 04:24 - 1 hour - 37 MBQUESTION PRESENTED: 1. May the district court abstain from exercising jurisdiction under the Foreign Sovereign Immunities Act for reasons of international comity, where former Hungarian nationals have sued the nation of Hungary to recover the value of property lost in Hungary during World War II, and where the plaintiffs made no attempt to exhaust local Hungarian remedies? 2. In a forum non conveniens analysis, (a) is the district court required to defer to plaintiffs' choice o...
Case: 19-351 GERMANY V. PHILIPP (2020-December-07)
December 09, 2020 04:24 - 1 hour - 40.5 MBQUESTION PRESENTED: 1. Whether the "expropriation exception" of the Foreign Sovereign Immunities Act, 28 U.S.C. § 1605(a)(3), which abrogates foreign sovereign immunity when "rights in property taken in violation of international law are in issue," provides jurisdiction over claims that a foreign sovereign has violated international human-rights law when taking property from its own national within its own borders, even though such claims do not implicate the established internati...
Case: 19-5807 EDWARDS V. VANNOY (2020-December-02)
December 03, 2020 20:04 - 1 hour - 39.4 MBQUESTION PRESENTED: Whether the Supreme Court’s decision in Ramos v. Louisiana applies retroactively to cases on federal collateral review. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt DateProceedings and Orders Aug 15 2019 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019) Sep 30 2019 | Waiver of right of respondent Darrel, Warden, Louisiana State Pen...
Case: 19-930 CIC SERVICES, LLC V. IRS (2020-December-01)
December 02, 2020 01:27 - 1 hour - 28.8 MBQUESTION PRESENTED: Whether the Anti-Injunction Act’s bar on lawsuits for the purpose of restraining the assessment or collection of taxes also bars challenges to unlawful regulatory mandates issued by administrative agencies that are not taxes. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt Date Proceedings and Orders Oct 21 2019 | Application (19A440) to extend the time to file a petition for a writ of certiorari from Nov...
Consolidated Case: 19-416 NESTLE USA, INC. V. DOE I and 19-453 CARGILL, INC. V. DOE I (2020-December-01)
December 02, 2020 01:26 - 1 hour - 40.5 MB9-453 CARGILL, INC V. DOE I QUESTION PRESENTED: Petitioner Cargill, Incorporated, purchases cocoa beans grown in Cote d'Ivoire. Respondents are Malian citizens who allege that, when Respondents were under the age of fourteen, Ivorian cocoa farmers subjected them to forced labor and other abuses in violation of international law. Respondents filed this putative class action under the Alien Tort Statute, 28 U.S.C. § 1350, claiming that Cargill aided and abetted the farmers' violat...
Case: 20-366 Trump v. New York (2020-November-30)
November 30, 2020 23:22 - 1 hour - 42.8 MBQUESTION PRESENTED: Whether a group of states and local governments have standing under Article III of the Constitution to challenge a July 21, 2020, memorandum by President Donald Trump instructing the secretary of commerce to include in his report on the 2020 census information enabling the president to exclude noncitizens from the base population number for purposes of apportioning seats in the House of Representatives; and whether the memorandum is a permissible exercise of t...
Case: 19-783 VAN BUREN V. UNITED STATES (2020-November-30)
November 30, 2020 23:15 - 1 hour - 30.3 MBQUESTION PRESENTED: Whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt ★ Support this podcast on Patreon ★
SIDEBAR - California v. Texas - The Fate of the Affordable Care Act
November 13, 2020 01:30 - 18 minutes - 16.6 MBSUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt ★ Support this podcast on Patreon ★
Consolidated Case: 19-840 CALIFORNIA V. TEXAS and 19-1019 TEXAS V. CALIFORNIA (2020-November-10)
November 10, 2020 22:48 - 2 hours - 107 MBQUESTION PRESENTED: As part of the Patient Protection and Affordable Care Act (ACA), Congress adopted 26 U.S.C. § 5000A. Section 5000A provided that "applicable individual[s] shall" ensure that they are "covered under minimum essential coverage," 26 U.S.C. § 5000A(a); required any "taxpayer" who did not obtain such coverage to make a "[s]hared responsibility payment," id.§ 5000A(b); and set the amount of that payment, id. § 5000A(c). In National Federation of Independent Busines...
Case: 19-546 BROWNBACK V. KING (2020-November-09)
November 10, 2020 22:48 - 1 hour - 104 MBQUESTION PRESENTED: The Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671 et seq., waives the sovereign immunity of the United States and creates a cause of action for damages for certain torts committed by federal employees "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. 1346(b)(1). The FTCA also imposes a judgment bar, which provides th...
Case: 19-863 NIZ-CHAVEZ V. BARR, ATTY GEN. (2020-November-09)
November 10, 2020 22:48 - 1 hour - 32 MBQUESTION PRESENTED: The Attorney General can cancel removal of certain immigrants under 8 U.S.C. § 1229b (a) and (b). To be eligible for cancellation of removal, a non-permanent resident must have ten years of continuous presence in the United States, and a permanent resident must have seven years of continuous residence. Id. § 1229b(a)(2), (b)(l)(A). Under the "stop-time rule," the government can end those periods of continuous residence by serving "a notice to appear under secti...
Case: 19-123 FULTON V. CITY OF PHILADELPHIA (2020-November-04)
November 05, 2020 16:14 - 1 hour - 128 MBQUESTION PRESENTED: The City of Philadelphia chose to exclude a religious agency from the City's foster care system unless the agency agreed to act and speak in a manner inconsistent with its sincere religious beliefs about marriage. The Third Circuit upheld that action under Employment Division v. Smith. The questions presented are: Whether free exercise plaintiffs can only succeed by proving a particular type of discrimination claim-namely that the government would allow the...
Case: 18-1259 JONES V. MISSISSIPPI (2020-November-03)
November 04, 2020 18:52 - 1 hour - 40 MBQUESTION PRESENTED: Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt ★ Support this podcast on Patreon ★
Case: 19-5410 BORDEN V. UNITED STATES (2020-November-03)
November 04, 2020 06:52 - 1 hour - 33.1 MBQUESTION PRESENTED: Does the "use of force" clause in the Armed Career Criminal Act (the "ACCA"), 18 U.S.C. § 924(e)(2)(B)(i) encompass crimes with a mens rea of mere recklessness? Did the district court violate Mr. Borden's due process rights when it applied to his sentencing a newer, more punitive interpretation of law than that which was in force at the time of his federal offense, such that his guidelines were enhanced from 77 to 96 months to a mandatory minimum sentence of...
Case: 19-199 SALINAS V. UNITED STATES RAILROAD RETIREMENT BD (2020-November-02)
November 02, 2020 21:50 - 1 hour - 28.9 MBQUESTION PRESENTED: Whether, under section 5(f) of the Railroad Unemployment Insurance Act, 45 U.S.C. § 355(f), and section 8 of the Railroad Retirement Act, 45 U.S.C. § 231g, the Railroad Retirement Board's denial of a request to reopen a prior benefits determination is a "final decision" subject to judicial review. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt ★ Support this podcast on Patreon ★
Case: 19-547 UNITED STATES FISH AND WILDLIFE SERV. V. SIERRA CLUB, INC. (2020-November-02)
November 02, 2020 21:50 - 1 hour - 32 MBQUESTION PRESENTED: Whether Exemption 5 of the Freedom of Information Act, 5 U.S.C. 552(b)(5) (2012), by incorporating the deliberative process privilege, protects against compelled disclosure a federal agency's draft documents that were prepared as part of a formal interagency consultation process under Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1536, and that concerned a proposed agency action that was later modified in the consultation process. SUPPORT what w...
Case: 19-438 PEREIDA V. BARR (2020-Oct-14)
October 15, 2020 19:07 - 1 hour - 29.4 MBQUESTION PRESENTED: A noncitizen may not apply for relief from deportation, including asylum and cancellation of removal, if he has been convicted of a disqualifying offense listed in the Immigration and Nationality Act. The categorical approach (including its "modified" variant) governs the analysis of potentially disqualifying convictions. Under that approach, a conviction for a state offense does not carry immigration consequences unless it "necessarily" establishes all elements...
Case: 19-292 TORRES V. MADRID (2020-Oct-14)
October 15, 2020 19:07 - 1 hour - 35.4 MBQUESTION PRESENTED: Police officers shot Petitioner, but she drove away and temporarily eluded capture. In this excessive force suit, the district court granted summary judgment for the officers on the ground that no Fourth Amendment "seizure" occurred. The Tenth Circuit affirmed, reasoning that an officer's application of physical force is not a seizure if the person upon whom the force is applied is able to evade apprehension. The question presented is: 1. Is an unsuccessful at...
Case: 19-357 CITY OF CHICAGO V. FULTON (2020-Oct-13)
October 15, 2020 19:07 - 1 hour - 37.4 MB19-357 CITY OF CHICAGO V. FULTON DECISION BELOW: 926 F3d. 916 LOWER COURT CASE NUMBER: 18-2527, 18-2793, 18-2835, 18-3023 QUESTION PRESENTED: 1. Whether an entity that is passively retaining possession of property in which a bankruptcy estate has an interest has an affirmative obligation under the Bankruptcy Code's automatic stay, 11 U.S.C § 362, to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition. SUPPORT what we are doing here...
Consolidated Case: 19-108 UNITED STATES V. BRIGGS and 19-184 UNITED STATES V. COLLINS (2020-Oct-13)
October 15, 2020 19:07 - 1 hour - 27.8 MB19-108 UNITED STATES V. BRIGGS DECISION BELOW: 78 M.J. 289 LOWER COURT CASE NUMBER: 16-0711 QUESTION PRESENTED: 1. Whether the Court of Appeals for the Armed Forces erred in concluding-contrary to its own longstanding precedent-that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years. 19-184 UNITED STATES V. COLLINS DECISION BELOW: 78 M.J. 415 LOWER COURT CASE NUMBER: 19-0052...
Consolidated Case: 19-368 FORD MOTOR CO. V. MONTANA EIGHTH DISTRICT COURT and 19-369 FORD MOTOR CO. V. BANDEMER (2020-Oct-7)
October 09, 2020 00:47 - 1 hour - 28 MB19-368 FORD MOTOR CO. V. MONTANA EIGHTH DISTRICT COURT DECISION BELOW: 443 P.3d 407 LOWER COURT CASE NUMBER: OP 19-0099 QUESTION PRESENTED: The Due Process Clause permits a state court to exercise specific personal jurisdiction over a non-resident defendant only when the plaintiff’s claims“arise out of or relate to" the defendant's forum activities.Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472 (1985) (internal quotation marks omitted). The question presented is: 1. Whether the...
Case: 18-956 GOOGLE LLC V. ORACLE AMERICA, INC. (2020-Oct-7)
October 09, 2020 00:47 - 1 hour - 44.1 MBQUESTION PRESENTED: The Copyright Act provides that, while "original works of authorship" are generally eligible for copyright protection, 17 U.S.C. 102(a), "[i]n no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work," 17 U.S.C. 102(b). The Act also makes clear that "the ...
Case: 18-540 RUTLEDGE V. PHARMACEUTICAL CARE MANAGEMENT (2020-Oct-6)
October 09, 2020 00:47 - 1 hour - 32.8 MBQUESTION PRESENTED: Thirty-six States have enacted legislation to curb abusive prescription drug reimbursement practices by claims-processing middlemen-known as pharmacy benefit managers (PBMs)-who make money on the spread between the rates at which they reimburse pharmacies and the drug prices they charge health plans. In response, Respondent Pharmaceutical Care Management Association (PCMA), a PBM trade association, has launched a barrage of litigation across the country arguing t...
Case: 65 Orig TEXAS V. NEW MEXICO (2020-Oct-05)
October 09, 2020 00:46 - 1 hour - 34.3 MBLOWER COURT CASE NUMBER:QUESTION PRESENTED: To resolve disputes about use of the Pecos River, Texas and New Mexico entered into the Pecos River Compact. This Court subsequently entered an amended decree ordering New Mexico to comply with its Compact obligations and appointing a River Master to perform the annual calculations of New Mexico's water-delivery obligations. The Court's decree specifies exact procedures for objecting to the River Master's annual reports. In particular, a p...
Case: 19-71 TANZIN V. TANVIR (2020-Oct-6)
October 09, 2020 00:46 - 1 hour - 27.9 MBQUESTION PRESENTED: 1. Whether the Religious Freedom Restoration Act of 1993, 42 U.S.C. 2000bbet seq., permits suits seeking money damages against individual federal employees. SUPPORT what we are doing here by contributing to our Patreon at https://www.patreon.com/supremecourt
Case: 19-309 CARNEY V. ADAMS (2020-Oct-05)
October 09, 2020 00:46 - 1 hour - 28.1 MBQUESTION PRESENTED: 1. Does the First Amendment invalidate a longstanding state constitutional provision that limits judges affiliated with any one political party to no more than a "bare majority" on the State's three highest courts, with the other seats reserved for judges affiliated with the "other major political party''? 2. Did the Third Circuit err in holding that a provision of the Delaware Constitution requiring that no more than a "bare majority" of three of the state court...
SIDEBAR - Supreme Court Appointment Process
October 05, 2020 00:40 - 31 minutes - 29.1 MBWhile the U.S. Constitution assigns explicit roles in the Supreme Court appointment process only to the President and the Senate, the Senate Judiciary Committee, throughout much of the nation's history, has also played an important, intermediary role. From 1816, when the Judiciary Committee was created, until 1868, more than two-thirds of nominations to the Supreme Court were referred to the committee, in each case by motion. In 1868, the Senate determined, as a general rule, that a...
SIDEBAR - The Death of Justice Ruth Bader Ginsburg
September 25, 2020 22:31 - 33 minutes - 30.9 MBOn September 18, 2020, Justice Ruth Bader Ginsburg, the second woman to serve on the Supreme Court of the United States, passed away at the age of eighty-seven, vacating a seat on the High Court that she had held for twenty-seven years. It is likely that Justice Ginsburg’s views in closely decided Supreme Court cases will be of most interest to Members of Congress as the Senate considers a nominee to fill her seat, as those cases may illustrate how the Court may change in her absenc...
SIDEBAR - Supreme Court Rules CFPB Structure Unconstitutional: Implications for Congress
September 23, 2020 02:58 - 21 minutes - 19.5 MBOn June 29, 2020, in the case Seila Law v. Consumer Financial Protection Bureau (CFPB), the Supreme Court held in a five-to-four decision that the statutory provision limiting the President’s authority to remove the director of the CFPB violated the Constitution by infringing on the President’s powers to execute the laws. The opinion provides guidance on Congress’s authority to insulate agencies from presidential influence by explaining that, under current precedent, Congress may shi...
SIDEBAR - Supreme Court: DACA Rescission Violated the APA
September 11, 2020 22:39 - 18 minutes - 16.7 MBOn June 18, 2020, in the case Department of Homeland Security v. Regents of the University of California, the Supreme Court held in a five-to-four decision that the reasoning the Department of Homeland Security (DHS) offered in support of its decision to rescind the Deferred Action for Childhood Arrivals (DACA) initiative was inadequate and therefore violated the Administrative Procedure Act (APA). The Supreme Court’s decision means that, at least for the time being, the DACA initiat...
SIDEBAR - Supreme Court Rules Title VII Bars Discrimination Against Gay and Transgender Employees: Potential Implications
August 11, 2020 10:00 - 18 minutes - 16.9 MBOn June 15, 2020, the Supreme Court issued a decision in a series of cases brought by gay and transgender workers alleging that their employers violated Title VII of the Civil Rights Act of 1964 (Title VII) by discriminating against them “because of . . . sex.” The Court held 6-3 in Bostock v. Clayton County, Georgia that Title VII forbids employers from firing an individual for being gay or transgender. The Court’s decision in Bostock was consolidated with two other cases, Altitude ...
SIDEBAR - Supreme Court Permits Retroactive Punitive Damages Against Sudan in Terrorism Cases
August 08, 2020 10:00 - 9 minutes - 9.92 MBMore than two decades after the U.S. embassies bombings in Tanzania and Kenya, some plaintiffs who alleged that Sudanese support of Al Qaeda contributed to the attacks have won the opportunity to obtain punitive damages against the government of Sudan. The Supreme Court decided 8-0 (with no participation by Justice Kavanaugh) in Opati v. Republic of Sudan that Congress intended to make punitive damages available on a retroactive basis when it updated the terrorism exception to the Fo...
SIDEBAR - No Judicial Review of Certain Patent Office Decisions, Supreme Court Holds
August 03, 2020 19:53 - 13 minutes - 13.7 MBIn 2011, Congress enacted major patent reform in the Leahy-Smith America Invents Act (AIA). The AIA, among other things, created inter partes review (IPR), an adversarial procedure during which the U.S. Patent & Trademark Office’s (PTO’s) Patent Trial & Appeal Board (PTAB) reviews the validity of issued patents. In particular, IPR allows any person, other than the patentee, to petition the PTAB for review of a patent. After receiving a petition, the PTAB may institute an IPR if it ...
SIDEBAR - High Court Tosses Bridgegate Convictions
August 01, 2020 16:28 - 14 minutes - 11.9 MBOn May 7, 2020, a unanimous Supreme Court threw out the federal fraud convictions of two former New Jersey officials whose politically motivated scheme redirected access to toll lanes on the George Washington Bridge between New Jersey and New York leading to gridlock. The federal fraud statutes at issue condemn schemes to obtain money or property. The High Court concluded that the “property” envisioned does not include a governmental entity’s interest in the regulatory allocation of ...
SIDEBAR - Copyright and State Sovereign Immunity - The Allen v. Cooper Decision
August 01, 2020 00:56 - 13 minutes - 12.3 MBOn March 23, 2020, the Supreme Court issued its opinion in Allen v. Cooper, concluding that Congress lacked the authority to enact the Copyright Remedy Clarification Act of 1990 (CRCA), which purported to abrogate state sovereign immunity in copyright infringement actions. The CRCA, which sought to remedy alleged state copyright infringement, provides that any “State, and any [State] instrumentality, officer, or employee” shall be liable for copyright infringement “in the same manne...
Case: 19-518 Colorado Dept. of State v. Baca (2020-May-13)
May 31, 2020 03:09 - 1 hour - 28 MBQUESTION PRESENTED: Like most States, Colorado requires its presidential electors to follow the will of its voters when casting their Electoral College ballots for President. In the 2016 Electoral College, one of Colorado's electors violated Colorado law by attempting to cast his presidential ballot for a candidate other than the one he pledged to vote for. Colorado removed him as an elector, declined to accept his ballot, and replaced him with an alternate elector who properly cas...