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September 3, 2024 | SCOTUS Remands Content Moderation Cases But Still Delivers First Amendment Lessons
Month: July 2019
Kentucky v Dennison First Interprets the Extradition Clause
In Kentucky v Dennison, 65 U.S. 66 (1861), the U.S. Supreme Court held that the Extradition Clause’s commands are mandatory and afford no discretion to executive officers of the asylum State. However, it further held that the federal courts h...
SCOTUS Affirms Auer Deference in Kisor v Wilkie
In Kisor v. Wilke, 588 U. S. ____ (2019), the U.S. Supreme Court narrowly affirmed the doctrine of Auer deference. However, the Court made it clear that the doctrine’s application has its limits. Doctrine of Auer Deference In Auer v Rob...
Rucho v Common Cause: Supreme Court Rules Courts Can’t Solve Partisan Gerrymandering
In Rucho v Common Cause, 588 U.S. ____ (2019), the U.S. Supreme Court held that courts have no role in resolving partisan gerrymandering claims. By a vote of 5-4, the divided Court held that such cases present political questions beyond the reach of...
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Unanimous Supreme Court Rejects First Amendment Challenge to Lanham Act’s Name Clause
by DONALD SCARINCI on August 28, 2024
In Vidal v. Elster, 602 U.S. ____ (2024), the U.S. Supreme Court held that the names clause of Lanh...
Presidential Immunity Under Trump v. United States
by DONALD SCARINCI on August 22, 2024
In Trump v. United States, 603 U.S. ____ (2024), the U.S. Supreme Court held that a former Presiden...
SCOTUS Clarifies Bruen in Upholding Federal Gun Law
by DONALD SCARINCI on August 13, 2024
In United States v. Rahimi, 602 U.S. ____ (2024), the U.S. Supreme Court upheld a federal law that ...
