Author: DONALD SCARINCI

The U.S. Supreme Court heard oral arguments in one of the most significant cases of the term this week. In Department of Homeland Security v. Regents of the University of California, the Court must decide the fate of the Deferred Action for Childhoo...

In Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), the U.S. Supreme Court first recognized an implied right of action for dam­ages against federal officers alleged to have violated a citizen’s constitutional rights. Facts of...

The U.S. Supreme Court heard oral arguments in six cases this week. One of the most closely-watched cases, County of Maui, Hawaii v. Hawaii Wildlife Fund, involves the reach of the Clean Water Act (CWA).  The specific issue is whether the CWA r...

In United States v. Verdugo-Urquidez, 494 U.S. 259 (1990), the U.S. Supreme Court held that the Fourth Amendment does not apply to the search and seizure by United States agents of property that is owned by a nonresident alien and located in a forei...

The U.S. Supreme Court recently heard oral arguments Mathena v. Malvo, which involves whether one of the so-called D.C. snipers, Lee Malvo, should be sentenced to life-without -parole. Malvo argues that the sentence is unconstitutional because he wa...

No U.S. President has ever been removed from office via impeachment proceedings. However, three have come very close.  Presidents Andrew Johnson and Bill Clinton were both impeached by the U.S. House of Representatives.  Meanwhile, Pr...

The U.S. Supreme Court has agreed to consider Seila Law LLC v. Consumer Financial Protection Bureau, which involves the constitutionality of the Consumer Financial Protection Bureau’s structure. The specific question before the justices is whether...

When drafting the U.S. Constitution, the framers debated whether to allow for impeachment of the President. After determining it was essential to prevent abuse of power, the framers went on to consider the process for impeachment, as well at what ty...

The U.S. Supreme Court is poised to consider its first abortion rights case in several years. The case, June Medical Services LLC v. Gee, is also the Court’s first abortion case since the retirement of Justice Anthony Kennedy, who often joined the...

By design, impeachment is a long and formal process involving a number of key players. The most important are set forth in the U.S. Constitution, including that the House of Representatives has the power to impeach, while the Senate has power to try...