Author: DONALD SCARINCI

Religious liberty continues to dominate the high-profile cases before the Roberts Court. Next term, the justices will consider Espinoza v. Montana Department of Revenue, which involves whether states can be forced to use taxpayer funds to support re...

The U.S. Supreme Court’s criminal law docket for the October 2019 Term addresses some significant constitutional issues. In Kahler v. Kansas, the justices will consider whether the Eighth and Fourteenth Amendments to the Constitution allow a state...

Some of the most closely-watched cases the US Supreme Court will consider in October involve whether workplace discrimination based on sexual orientation and transgender status is covered by Title VII of the Civil Rights Act of 1964 (Title VII). The...

In Flowers v Mississippi, 588 U. S. ____ (2019), the U.S. Supreme Court held that the jury selection process in Curtis Flowers’ sixth murder trial violated the U.S. Constitution. By a vote of 7-2, the Court found that the trial court committed cle...

In Manhattan Community Access Corp v Halleck, 587 U.S. ___ (2019), the U.S. Supreme Court held that Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate public access channels on the Time Warner-ow...

In Elk Grove Unified School District v Newdow, 542 U.S. ____ (2004), the U.S. Supreme Court sidestepped a constitutional challenge to the Pledge of Allegiance. By holding that the plaintiff lacked standing, the Court avoided deciding whether the wor...

In Mitchell v Wisconsin, 588 U. S. ____ (2019), the U.S. Supreme Court held that the exigent-circumstances exception to the Fourth Amendment’s warrant requirement nearly always allows a blood test without first obtaining a warrant when a breath te...

In Kentucky v Dennison, 65 U.S. 66 (1861), the U.S. Supreme Court held that the Extradition Clause’s commands are mandatory and afford no discretion to executive officers of the asylum State. However, it further held that the federal courts h...

In Kisor v. Wilke, 588 U. S. ____ (2019), the U.S. Supreme Court narrowly affirmed the doctrine of Auer deference. However, the Court made it clear that the doctrine’s application has its limits. Doctrine of Auer Deference In Auer v Rob...