Author: DONALD SCARINCI

In King v. Burwell, a divided Court ruled that all tax subsidies granted under the healthcare law are legal. Had the Court ruled otherwise, the sweeping healthcare reform law may have been in jeopardy. The Facts of the Case The latest ACA ...

Hayburn’s Case, 2 U.S. 409 (1792) is one of the earliest decisions of the U.S. Supreme Court. Although the Judiciary Act of 1789 authorized the creation of the Court, the justices did not consider their first case until 1792. Hayburn's case pre...

In Walker v. Texas Division, Sons of Confederate Veterans, Inc., the U.S. Supreme Court held that Texas’ specialty license plate designs constitute government speech. Accordingly, Texas was entitled to refuse to issue a confederate flag license pla...

The U.S. Supreme Court first reviewed the Fourteenth Amendment to the U.S. Constitution in the Slaughter-House Cases, 83 U.S. 36 (1873). In a 5-4 decision, the majority adopted a narrow construction of the Amendment’s Privileges and Immuniti...

By a vote of 5-4 in Obergefell v. Hodges, the United States Supreme Court held that the Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when...

In March of 1857, the U.S. Supreme Court considered the constitutionality of the Missouri Compromise - a federal statute that regulated slavery in several western territories of the country - in the infamous Dred Scott Decision, 60 U.S. 393 (1857). ...

In Zivotofsky v. Kerry, the U.S. Supreme Court held that the power to recognize foreign states and governments is exclusive to the President. The 6-3 decision, which rested almost exclusively on the Constitution’s separation of powers, highlights t...

In Gibbons v. Ogden, 22 U.S. 1 (1824), the U.S. Supreme Court first held that Congress has the authority to regulate any form of commerce that crosses state lines. The opinion, authored by Chief Justice John Marshall, is considered the most influenti...

In the NSA privacy debate leading up to the expiration of several key provisions of the Patriot Act, an overturned U.S. Supreme Court case popped up more than once. The decision in Olmstead v. United States, 277 U.S. 438 (1928) highlights that while...