Author: DONALD SCARINCI

In Comcast Corp. v. National Association of African American-Owned Media, 589 U. S. ____ (2020), the U.S. Supreme Court held that a plaintiff who sues for racial discrimination in contracting under 42 U.S.C. § 1981 must show that race was a but-for...

The U.S. Supreme Court continues to issue opinions amid the Coronavirus epidemic, although the justices did not announce their decisions from the bench. In Kahler v. Kansas, 589 U. S. ____ (2020), the Court ruled that due process does not require Ka...

On March 16, the U.S. Supreme Court suspended oral arguments for the March session in light of the Coronavirus (COVID-19) pandemic. The Court plans to “examine the options for rescheduling those cases in due course in light of the developing circu...

In Monasky v. Taglieri, 589 U. S. ____ (2020), the U.S. Supreme Court held that a child’s “habitual residence” under the Hague Convention on the Civil Aspects of International Child Abduction depends on the totality of the circumstances specif...

The U.S. Supreme Court recently heard oral arguments in two of the most anticipated cases of the term. June Medical Services LLC v. Gee involves a legal challenges to a Louisiana abortion law requiring abortion providers to have admitting privi...

In Crawford v. Washington, 541 U.S. 36 (2004), the U.S. Supreme Court overhauled the test for determining whether a hearsay statement is admissible in a criminal trial. The Court held that testimonial statements of witnesses absent from trial are on...

The U.S. Supreme Court has returned from its winter break. The justices heard oral arguments in four cases, all of which called on the Court to interpret federal laws, including the Foreign Sovereign Immunities Act, the Mineral Leasing Act, the Fede...

In Hernandez v. Mesa, 589 U. S. ____ (2020), the U.S. Supreme Court held that the parents of a 15-year-old Mexican boy killed by a U.S. Border Patrol agent shooting across the Mexican border could not pursue a damages claim. In so ruling, the majori...

In Alden v. Maine, 527 U.S. 706 (1999), the U.S. Supreme Court held that Congress can’t use its Article I powers under Constitution to subject unconsenting states to suit in state court. The decision extended the Court’s prior holding in Seminol...

The U.S. Supreme Court has agreed to again take on the Affordable Care Act’s (ACA) controversial contraception mandate. This time around, the justices will consider rules adopted by the Trump Administration that expanded the mandate’s exceptions...