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September 16, 2025 | SCOTUS Rejects Challenge to South Carolina’s Exclusion of Planned Parenthood from State Medicaid Program
Month: December 2018
SCOTUS to Take Up Rare 21st Amendment Case
When they return to the bench in January, the justices of the U.S. Supreme Court will consider their first case involving the 21st Amendment in more than a decade. Tennessee Wine and Spirits Retailers Association v. Clayton Byrd involves the co...
Granholm v Heald Defines Relationship Between 21st Amendment and the Dormant Commerce Clause
In Granholm v Heald, 544 U.S. 460 (2005), the U.S. Supreme Court held that state laws that allow in-state wineries to directly ship alcohol to consumers, but prohibit out-of-state wineries to do the same, run afoul of the Dormant Commerce Clause in ...
Will Supreme Court Abolish Deference to “reasonable interpretation” in Kisor v Wilkie?
The U.S. Supreme Court recently agreed to hear Kisor v Wilkie, which has the potential to be a blockbuster in the area of administrative law. The question before the Court is whether it should overrule Auer v. Robbins, which hold that courts mu...
Auer v Robbins Established Deference to Agency’s Interpretation of Its Own Regulations
In Auer v Robbins, 519 U.S. 452 (1997), the U.S. Supreme Court established the standard that courts should apply when reviewing an executive agency’s interpretation of the regulations it established under federal legislation. In a unanimous decis...
How a Frog Habitat in Louisiana May Begin to Curb Administrative Agency Power in Weyerhaeuser Company v United States Fish and Wildlife Service
The U.S. Supreme Court has sent Weyerhaeuser Company v. United States Fish and Wildlife Service, 586 U. S. ____ (2018), back to the lower court. It remains to be seen whether this seemingly simple case of statutory interpretation may also signal th...
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SCOTUS Rules Death Row Inmate Has Standing to Challenge Post Conviction DNA Testing Procedures
by DONALD SCARINCI on September 11, 2025
In Gutierrez v. Saenz, 606 U.S. ____ (2025), the U.S Supreme Court ruled that a death row inmate ha...
Supreme Court Clarifies Applicability of First Step Act to Vacated Sentences
by DONALD SCARINCI on September 4, 2025
In Hewitt v. United States, 606 U.S. ____ (2025), a divided U.S. Supreme Court held that the First ...
SCOTUS Rules E-Cigarette Retailers Can Challenge FDA Order in Fifth Circuit
by DONALD SCARINCI on
In FDA v. R. J. Reynolds Vapor Co., 606 U.S. ____ (2025), the U.S. Supreme Court held that e-cigare...
