Author: DONALD SCARINCI

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...

While many were hoping that the U.S. Supreme Court would address whether existing precedent that excludes threatening speech from First Amendment protection applies to online speech, the justices elected to resolve Elonis v. United States on purely s...

In Fletcher v. Peck, 10 U.S. 87 (1810), the Marshall Court ruled that an act of the Georgia State legislature that nullified a prior land grant they passed violated the U.S. Constitution. It was the first case in which the U. S. Supreme Court held...

Amidst growing distrust of police officers, the U.S. Supreme Court recently addressed the use of force when attempting to subdue a mentally disabled person in San Francisco v. Sheehan The Court’s narrow decision held that two San Francisco police ...

In a 5-4 decision, the U.S. Supreme Court recently held that the state of Maryland’s tax scheme is unconstitutional. Since it fails to recognize taxes paid in other states, the Court found that the state’s personal income tax system violates the...

In United States v. Guest, 383 U.S. 745 (1966), the U.S. Supreme Court held that violations of the Fourteenth Amendment can serve as grounds for criminal charges under a federal conspiracy law that makes it a crime to "injure, oppress, threaten, or i...

The “Speech or Debate Clause” provides powerful protection to members of Congress and prohibits the Executive Branch from prosecuting those with whom it does not agree. One of the first cases to interpret the Speech or Debate Clause is United St...

There are acceptable limits to free speech in some campaign finance laws for the Roberts Court, at least when it comes to judges elected by popular vote. In a case regarding campaign finance laws, Williams-Yulee v. The Florida Bar, the majority of t...