Author: DONALD SCARINCI

In Moore v Texas, 581 U. S. ____ (2017), the U.S. Supreme Court held that the standard used by the State of Texas to determine whether a mentally disabled defendant can be subjected to the death penalty violated the Constitution. By a vote of 5-3, th...

John Pickering served as chief justice of the New Hampshire Superior Court of Judicature and as a judge for the U.S. District Court for the District of New Hampshire. However, he is most remembered as the first federal officer to be impeached. Earl...

In National Labor Relations Board v. SW General, the Supreme Court limited the President’s ability to fill vacancies under the Federal Vacancies Reform Act of 1998 (FVRA). By a vote of 7-2, the Court held that a person can’t serve in an acting ca...

In Endrew F v Douglas County School District, the U.S. Supreme Court ruled that public schools have an obligation to provide a special education program that will allow a disabled student to make progress that is appropriate in light of the child’s...

In Beckles v United States, 580 U. S. ____ (2017), the U.S. Supreme Court upheld the constitutionality of the country’s federal sentencing guidelines. By a vote of 7-0, the Court held that the Federal Sentencing Guidelines, including Section 4B1.2...

The U.S. Supreme Court heard oral arguments in six cases last week. The most noteworthy case is Murr v. Wisconsin, which involves the Takings Clause of the Fifth Amendment. The specific question before the Court in Murr is whether physically contiguo...

A divided U.S. Supreme Court recently held that while jury deliberations should normally be kept secret, racial or ethnic bias mandates an exception to the rule. The court decided Pena-Rodriguez v Colorado, 580 U. S. ____ (2017) by a vote of 5-3. Fa...

The U.S. Supreme Court will not decide the potential blockbuster transgender bathroom case anytime soon. The justices recently remanded Gloucester County School Board v GG back to the Fourth Circuit Court of Appeals.   Facts of Gloucester C...

In Bethune-Hill v Virginia State Board of Elections, the U.S. Supreme Court considered what constitutes racial gerrymandering.   Through its holding that the district court applied an incorrect legal standard in determining that race did ...

The U.S. Supreme Court recently released its decision in Fry v Napoleon Community Schools. The justices unanimously held that exhaustion of the administrative procedures established by the Individuals with Disabilities Education Act (IDEA) is unneces...