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January 16, 2020 | Supreme Court Kicks Off Second Half of 2019-2020 Term
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...
Previous Articles
Separation of Powers Under Morrison v. Olson
by DONALD SCARINCI on January 14, 2020
In Morrison v. Olson, 487 U.S. 654 (1988), the U.S. Supreme Court upheld the independent counsel pr...
When a Gunshot is a “Seizure” Under The Fourth Amendment
by DONALD SCARINCI on January 9, 2020
The U.S. Supreme Court recently granted certiorari in Torres v. Madrid. The case will clarify what ...
Graham v Connor Established Standard for Excessive Force Claims
by DONALD SCARINCI on January 7, 2020
In Graham v. Connor, 490 U.S. 386 (1989), the U.S. Supreme Court established the legal framework fo...
