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May 21, 2025 | Supreme Court Sides With FDA on Flavored Vape Denials

Author: DONALD SCARINCI

SCOTUS Rules “Community Caretaking” Exception Can’t Justify Warrantless Searches of Homes

In Caniglia v. Strom, 593 U. S. ____ (2021), the U.S. Supreme Court held that a warrantless search of the Edward Caniglia’s home could not be justified under the “community caretaking” exception to the Fourth Amendment. According to the Court,...

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Justices Refuse to Require Issue Exhaustion of Social Security Claimant

The U.S. Supreme Court unanimously held in Carr v. Saul, 593 U.S. ____ (2021), that the principles of issue exhaustion do not require Social Security disability claimants to argue at the agency level that the administrative law judges hearing their ...

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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...

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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 ...

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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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COVID-19

Divided Court Strikes Down COVID-19 Restrictions on In-Home Religious Gatherings

On April 9, 2021, the U.S. Supreme Court ruled in Tandon v. Newsom, 593 U. S. ____ (2021) that California’s COVID-19 restrictions on religious gatherings in homes likely run afoul of the First Amendment’s Free Exercise Clause. Accordingly, the C...

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SCOTUS Backs FCC in FCC v. Prometheus Radio Project

In FCC v. Prometheus Radio Project, 592 U. S. ____ (2021), the U.S. Supreme Court held that the Federal Communications Commission’s (FFC) 2017 decision to repeal or modify three of its media ownership rules was not arbitrary or capricious under th...

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US Supreme Court Sides with Facebook in TCPA Case

In Facebook Inc. v. Duguid, 592 U. S. ____ (2021), the U.S. Supreme Court held that to qualify as an “automatic telephone dialing system” under the Telephone Consumer Protection Act of 1991 (TCPA), a device must have the capacity either to store...

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SCOTUS Rules FOIA Exception Applies to Environmental Opinion

In U.S. Fish and Wildlife Service v. Sierra Club, 592 U. S. ____ (2021), the U.S. Supreme Court held that the deliberative process privilege provides protection from disclosure under the Freedom of Information Act (FOIA) to in-house draft biological...

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SCOTUS Rules Students Have Standing to Bring Free Speech Suit

In Uzuegbunam v. Preczewski, 592 U.S. ____ (2021), the U.S. Supreme Court held that two students had standing to sue their college for violating their free speech rights, even though their suit sought only nominal damages. According to the Court, a ...

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Previous Articles

SCOTUS Agrees to Consider Birthright Citizen Cases
by DONALD SCARINCI on May 21, 2025

The U.S. Supreme Court has agreed to consider legal challenges to President Donald Trump’s execut...

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SCOTUS Rules Non-Citizens Must Challenge Removal Under Alien Enemies Act
by DONALD SCARINCI on May 6, 2025

In Trump v. J.G.G., the U.S. Supreme Court ruled that non-citizens challenging their removal under ...

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Causing Physical Harm Always Involves “Use of Force”
by DONALD SCARINCI on April 29, 2025

In Delligatti v. United States, 604 U.S. ____ (2025), the U.S. Supreme Court held that the knowing ...

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All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
    Read More
  • Amendment2
    • The Right to Bear Arms
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  • Amendment4
    • Unreasonable Searches and Seizures
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  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
    Read More

Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

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More Recent Posts

  • SCOTUS Clarifies Bruen in Upholding Federal Gun Law
  • SCOTUS Rules Challenged South Carolina District Is Not a Racial Gerrymander
  • Supreme Court Rejects Strict Criminal Forfeiture Timelines
  • Supreme Court Clarifies “Safety Valve” in Federal Criminal Sentencing Laws

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