Author: DONALD SCARINCI

In Martin v. Mott, 25 U.S. 19 (1827), the U.S. Supreme Court addressed the Constitution’s Militia Clause. It held that the President, as commander in chief, has the unilateral power to call up state militias for duty during times of war.   ...

While Spokeo, Inc. v Robins, 578 U. S. ____ (2016), was one of the most anticipated decisions of the October 2016 Term, the U.S. Supreme Court ultimately remanded the case back to the Ninth Circuit Court of Appeals to further address the issue of sta...

In Osborn v Bank of the United States, 22 US. (9 Wheat.) 738 (1824), the U.S. Supreme Court addressed Article III’s grant of judicial power over cases “arising under” federal law. In his opinion, Chief Justice John Marshall broadly interpreted...

In Sturges v Crowninshield, 17 U.S. (4 Wheat.) 122 (1819), the U.S. Supreme Court considered whether a New York bankruptcy law, and its retroactive application, were constitutional. The justices concluded that federal power over bankruptcy was not ex...

In Voisine v United States, 579 U. S. ____ (2016), the U.S. Supreme Court upheld a federal law that prohibits individuals convicted of misdemeanor domestic violence offenses from owning a firearm. The majority rejected arguments that a reckless domes...

In Taylor v United States (2016), the U.S. Supreme Court held that “commerce” under the Hobbs Act should be interpreted broadly. Accordingly, it found that the government had satisfied its burden by establishing that the defendant robbed a drug d...

In United States v Hudson and Goodwin, 11 U.S. 32 (1812), the U.S. Supreme Court first considered whether the federal courts were authorized to hear criminal cases. The justices held that Congress must confer jurisdiction by statute in order for the ...

In Fisher v University of Texas at Austin (2016), the U.S. Supreme Court held that the race-conscious admissions program in use by the university when Abigail Fisher applied to the school in 2008 is lawful under the Constitution’s Equal Protection ...

In Birchfield v North Dakota (2016), the U.S. Supreme Court held that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving. However, it held that warrantless blood tests do run afoul of the Constitution. &nbs...

In Whole Woman’s Health v Hellerstedt (2016), a divided U.S. Supreme Court struck down a Texas law placing restrictions on abortion clinics. By a vote of 5-3, the Court held that the law placed an undue burden on a woman’s access to abortion. ...