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May 21, 2025 | Supreme Court Sides With FDA on Flavored Vape Denials

Author: DONALD SCARINCI

Kansas v. Carr: Capital Sentencing Under the Eighth Amendment

In Kansas v. Carr, 577 U. S. ____ (2016), the U.S. Supreme Court addressed the constitutionality of jury instructions used in two Kansas capital murder cases. The justices ruled that the Eighth Amendment does not mandate that courts instruct ...

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Supreme Court Upholds Antitrust Act in Northern Securities Co. v. United States

In Northern Securities Co. v. United States, 193 U.S. 197 (1904), the U.S. Supreme Court held that a holding company formed to create a railroad monopoly violated the Sherman Antitrust Law. The government’s victory in the case helped solidify P...

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Montgomery v. Louisiana: Juvenile Sentencing Decision Is Retroactive

In Montgomery v. Louisiana, 577 U. S. ____ (2016), the U.S. Supreme Court addressed how state courts should apply its decision in Miller v. Alabama, in which the Court held that the Eighth Amendment prohibits a sentencing scheme that requires life in...

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Pollock v. Farmers Loan & Trust Co.: Federal Income Tax Violated the Constitution

In Pollock v. Farmers Loan & Trust Co., 157 U.S. 429 (1895), the U.S. Supreme Court held that federal taxes on interest, dividends and rents violated Article 1 of the U.S. Constitution. In 1913, the adoption of the Sixteenth Amendment nullifi...

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Campbell-Ewald Co. v. Gomez: Class Actions and Article III

In Campbell-Ewald Co. v. Gomez, 577 U. S. ____ (2016), the U.S. Supreme Court considered whether a case becomes moot, and thus beyond the judicial power of Article III, when the plaintiff receives and rejects an offer of complete relief on his claim....

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United States v. E.C. Knight: Court Upholds Sherman Anti-Trust Act

In United States v. E.C. Knight, 156 U.S. 1 (1895), the U.S. Supreme Court held that the Sherman Anti-Trust Act was a valid exercise of Congress’ power under the Commerce Clause of the U.S. Constitution. However, it also held that the statute could...

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Hurst v. Florida: Only a Jury Can Impose the Death Sentence

On January 12, 2016, the U.S. Supreme Court struck down Florida’s capital-sentencing scheme in Hurst v. Florida, 577 U. S. (2016). By a vote of 8-1, the justices held that allowing the trial judge to have the final say on a death sentence violated ...

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Kingsley v. Hendrickson: The Objectively Unreasonable Standard for Excessive Force Claims

In Kingsley v. Hendrickson, 576 US _ (2015), the U.S. Supreme Court addressed the legal standard for finding unconstitutionally excessive force during pre-trial detention. By a vote of 5-4, the justices held that a pretrial detainee pursuing an ex...

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Abood v. Detroit Board of Education: Public Unions, “Agency Shop” and the First Amendment

In Abood v. Detroit Board of Education, 431 U.S. 209 (1977), the U.S. Supreme Court held that the First Amendment to the U.S. Constitution does not prohibit governments from requiring non-union public employees to pay their “fair share” of dues f...

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Johnson v. the United States: ACCA Unconstitutionally Vague

In Johnson v. the United States, 576 US _ (2015), the U.S. Supreme Court held that the residual clause of the Armed Career Criminal Act was unconstitutionally vague and violated the due process rights of the petitioner. The statute imposes increased ...

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Previous Articles

SCOTUS Agrees to Consider Birthright Citizen Cases
by DONALD SCARINCI on May 21, 2025

The U.S. Supreme Court has agreed to consider legal challenges to President Donald Trump’s execut...

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SCOTUS Rules Non-Citizens Must Challenge Removal Under Alien Enemies Act
by DONALD SCARINCI on May 6, 2025

In Trump v. J.G.G., the U.S. Supreme Court ruled that non-citizens challenging their removal under ...

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Causing Physical Harm Always Involves “Use of Force”
by DONALD SCARINCI on April 29, 2025

In Delligatti v. United States, 604 U.S. ____ (2025), the U.S. Supreme Court held that the knowing ...

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All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
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  • Amendment2
    • The Right to Bear Arms
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  • Amendment4
    • Unreasonable Searches and Seizures
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  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
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Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

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More Recent Posts

  • SCOTUS Clarifies Bruen in Upholding Federal Gun Law
  • SCOTUS Rules Challenged South Carolina District Is Not a Racial Gerrymander
  • Supreme Court Rejects Strict Criminal Forfeiture Timelines
  • Supreme Court Clarifies “Safety Valve” in Federal Criminal Sentencing Laws

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