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September 3, 2024 | SCOTUS Remands Content Moderation Cases But Still Delivers First Amendment Lessons
Month: May 2021
SCOTUS Rules FTC Can’t Pursue Equitable Relief
In AMG Capital Management, LLC v. FTC, 593 U.S. ____ (2021), the U.S. Supreme Court held that the Federal Trade Commission (FTC or Commission) is not authorized to pursue equitable monetary relief such as restitution or disgorgement. The Court’s d...
Supreme Court Clarifies Standing Requirements for Habeas Claim
In Alaska v. Wright, 593 U.S. ____ (2021), the U.S. Supreme Court held that if offenders have finished serving their state court sentence, they lack standing to bring a federal habeas claim. Facts of the Case In 2009, an Alaska jury convicted ...
Finding of Permanent Incorrigibility Not Required to Impose Life Sentence on Juvenile
In Jones v. Mississippi, 593 U.S. ____ (2021), the U.S. Supreme Court again clarified when juveniles can receive life sentences. By a vote of 6-3, the Court held that the Eighth Amendment doesn’t require a sentencer to find that a juvenile is perm...
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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 ...
