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August 22, 2019 | State-Actors Subject to the First Amendment in Manhattan Community Access Corp v Halleck
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...
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...
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 Sidestepped Challenge to Pledge of Allegiance in Elk Grove Unified School District v Newdow
by DONALD SCARINCI on August 20, 2019
In Elk Grove Unified School District v Newdow, 542 U.S. ____ (2004), the U.S. Supreme Court sideste...
Court Upholds Warrantless Blood Test in Mitchell v Wisconsin
by DONALD SCARINCI on August 15, 2019
In Mitchell v Wisconsin, 588 U. S. ____ (2019), the U.S. Supreme Court held that the exigent-circum...
Lloyd Corp v Tanner – No First Amendment Right to Protest at Privately-Owned Mall
by DONALD SCARINCI on August 13, 2019
In Lloyd Corp v Tanner, 407 U.S. 551 (1972), the U.S. Supreme Court held that the owners of a shopp...
