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

Author: DONALD SCARINCI

Gibbons v. Ogden: The Commerce Clause

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...

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Olmstead v. United States and the NSA Privacy Debate

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...

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Online Threats & The First Amendment in Elonis v. United States

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...

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Fletcher v. Peck and the Contract Clause

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...

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San Francisco v. Sheehan: Law Enforcement and the Mentally Disabled

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 ...

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Maryland’s Tax Scheme Violates the Commerce Clause in Comptroller v. Wynn

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...

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United States v. Guest: Conspiracies and the Fourteenth Amendment

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...

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United States v. Johnson: The Constitutions Speech or Debate Clause

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...

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Florida’s Campaign Finance Laws for Judicial Candidates Does Not Violate First Amendment

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...

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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

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  • 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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