Month: January 2020

The U.S. Supreme Court recently heard oral arguments in Espinoza v. Montana Department of Revenue. The case, one of the most closely watched of the term, involves the use of public funds for religious schools. As discussed in greater detail in a ...

In Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), the U.S. Supreme Court established the legal standard for defamation claims brought by private individuals. It held that private individuals need not show malice as required under the Court’s de...

Chief Justice John Roberts will be dividing his duties between the U.S. Supreme Court and Congress in the coming week. As required under the U.S. Constitution, Roberts will preside over the impeachment proceedings of President Donald Trump. As descr...

Last week, the U.S. Supreme Court heard oral arguments in Kelly v. United States, the criminal case arising out of New Jersey’s infamous “Bridgegate” scandal. Bridget Anne Kelly, a former aide to former New Jersey Gov. Chris Christie, is seeki...

The Supreme Court is back in session, with the justices returning from their winter break on January 10, 2020. As the Court enters the second half of the 2019-2020 term, it will hear oral arguments in some of its most closely-watched cases. Belo...

In Morrison v. Olson, 487 U.S. 654 (1988), the U.S. Supreme Court upheld the independent counsel provisions of the Ethics in Government Act of 1978. According to the Court, the provisions did not impermissibly interfere with the President's aut...

The U.S. Supreme Court recently granted certiorari in Torres v. Madrid. The case will clarify what “seized” means with regard to the Fourth Amendment’s ban on unreasonable seizure. Facts of the Case Petitioner Roxanne Torres was in a Toy...

In Graham v. Connor, 490 U.S. 386 (1989), the U.S. Supreme Court established the legal framework for evaluating excessive force claims against law enforcement officers. Under the Court’s decision, courts must apply the objective reasonableness sta...

The U.S. Supreme Court recently granted certiorari in Our Lady of Guadalupe School v. Morrissey-Berru and St. James School v. Biel. The cases involve the ministerial exception, a First Amendment doctrine that bars courts from adjudicating employme...