Author: DONALD SCARINCI

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. ...

In McDonnell v United States, 579 U. S. ____ (2016), the U.S. Supreme Court vacated the conviction of the former governor of Virginia, Bob McDonnell. In a unanimous decision, the justices rejected federal prosecutors’ broad interpretation of the te...

In RJR Nabisco, Inc v The European Community, the U.S. Supreme Court limited the reach of the Racketeer Influenced and Corrupt Organizations Act (RICO). By a vote of 4-3 (Justice Sonia Sotomayor having recused herself), the Court held that the federa...

In Brady v Maryland, 373 U.S. 83 (1963), the U.S. Supreme Court held that prosecutors must fully disclose to the accused all exculpatory evidence in their possession. The Court’s holding is commonly known as the “Brady Rule.”   The Fac...