Author: DONALD SCARINCI

In Lloyd Corp v Tanner, 407 U.S. 551 (1972), the U.S. Supreme Court held that the owners of a shopping mall could prohibit anti-war activists from distributing leaflets at their center without violating the First Amendment. In reaching its decision...

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...

In Rucho v Common Cause, 588 U.S. ____ (2019), the U.S. Supreme Court held that courts have no role in resolving partisan gerrymandering claims. By a vote of 5-4, the divided Court held that such cases present political questions beyond the reach of...

In Gamble v. United States, 587 U. S. ____ (2019), the U.S. Supreme Court upheld the “separate sovereigns” doctrine. Accordingly, states and the federal government may continue prosecuting individuals for the same crime. Facts of the Case ...

In The American Legion v American Humanist Association, 588 U. S. ____ (2019), the U.S. Supreme Court held that the Bladensburg Cross does not violate the Establishment Clause of the First Amendment. While seven justices agreed with the Court’s ju...

In Return Mail Inc v United States Postal Service, 587 U. S. ____ (2019), the U.S. Supreme Court held that the federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings u...

In Mont v United States, 587 U. S. ____ (2019), the U.S. Supreme Court held that pretrial detention tolls a term of federal supervised release if a court credits that period of pretrial detention toward a sentence for a new conviction. Justice Ruth ...

In Shuttlesworth v City of Birmingham, 394 U.S. 147 (1969), the U.S. Supreme Court reversed the conviction of an African American minister who was charged with violating a City of Birmingham ordinance requiring a permit prior to conducting a protest...