Author: DONALD SCARINCI

In Pulsifer v. United States, 601 U.S. ____ (2024), the U.S. Supreme Court narrowly interpreted 18 U.S.C. §3553(f ), which establishes eligibility for a “safety valve” for defendants to avoid mandatory minimum prison sentences. By a vote of 6-3...

In McElrath v. Georgia, 601 U.S. ____ (2024), the U.S. Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. The justices unanimously held that the jury’s verdict that Damian McElrath was...

In FBI v. Fikre, 601 U.S. ____ (2024), the U.S. Supreme Court held that Yonas Fikre’s lawsuit against the FBI is not moot. Accordingly, his suit alleging that the government placed him on the No Fly List unlawfully may proceed in the lower courts....

The U.S. Supreme Court heard oral arguments in six cases last week, with two potential First Amendment blockbusters before the Court. In National Rifle Association of America v. Vullo, the justices considered the NRA’s free speech claims agains...

In Lindke v. Freed, 601 U.S. ____ (2024), the U.S. Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The justices unanimously held that speech by a government official about job-r...

The U.S. Supreme Court unanimously held in Trump v. Anderson, 601 U.S. ____ (2024), that states can’t remove former President Donald Trump from 2024 presidential primary ballots for his role in the events of January 6, 2021. In a per curium opinio...

The U.S. Supreme Court will take up abortion again with oral arguments in Moyle v. United States scheduled for April 24, 2024. The issue before the Court is whether Idaho’s strict abortion law is preempted by the Emergency Medical Treatment and L...

The U.S. Supreme Court held oral arguments in six cases to end its February sitting. A pair of cases challenging Texas and Florida’s controversial social media laws took center stage. NetChoice, LLC v. Paxton and Moody v. NetChoice, LLC center ...

The U.S. Supreme Court heard oral arguments in four cases last week. One of the most closely watched is Ohio v. Environmental Protection Agency, which challenges the U.S. Environmental Protection Agency’s (EPA) “Good Neighbor” pollution rule. ...

In Department of Agriculture Rural Development Rural Housing Service v. Kirtz, 601 U.S. ____ (2024), the U.S. Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of th...