Author: DONALD SCARINCI

In City and County of San Francisco v. EPA, 604 U.S. ____ (2025), the U.S. Supreme Court again limited the Environmental Protection Agency’s (EPA) power under the Clean Water Act (CWA). According to the Court’s five-member majority, the EPA canâ...

In Hungary v. Simon, 604 U.S. ____ (2025), the U.S. Supreme Court held that alleging commingling of funds alone cannot satisfy the commercial nexus requirement of the expropriation exception of the Foreign Sovereign Immunities Act of 1976 (FSIA). Th...

The Supreme Court heard oral arguments in four cases this week, all of which asked the justices to resolve a circuit split. The issues ranged from whether a death row defendant can obtain postconviction DNA testing to what test courts should apply ...

The U.S. Supreme Court will hear oral arguments in FCC v. Consumers’ Research next month. The case has the potential to be a blockbuster, as it is expected to clarify the boundaries of the non-delegation doctrine, the principle that Congress canâ€...

The U.S. Supreme Court recently granted certiorari in Martin v. United States. The case is expected to clarify the application of the Federal Tort Claims Act (FTCA) to wrong-house raids, an issue that has divided the lower courts. Facts of the Ca...

The U.S. Supreme Court closed out its January sitting with oral arguments in four cases. The issues before the justices ranged from where a vape company can bring suit against the FDA to whether courts should apply the moment of the threat doctrine ...

The U.S. Supreme Court has added another closely watched First Amendment case to its docket. Mahmoud v. Taylor involves whether public schools burden parents’ religious rights when they require elementary school students to participate in instruct...

On January 17, 2025, the U.S. Supreme Court upheld the Protecting Americans from Foreign Controlled Applications, which will require TikTok to shut down in the United States unless its Chinese parent company divests its interest. The Court’s decis...

Upon returning from break, the U.S. Supreme Court tackled some of the most closely watched cases of the term. In TikTok Inc. v. Garland, the justices will determine whether the popular social media app may continue to operate in the United States. ...

The U.S. Supreme Court will take on its first free speech case this month. The case, Free Speech Coalition v. Paxton, involves the constitutionality of a Texas law that requires any website that publishes content one-third or more of which is “har...