Author: DONALD SCARINCI

Oral arguments lasted only a few short hours, but the Supreme Court will likely debate the same-sex marriage cases for the next two months. Not surprisingly, Justice Anthony Kennedy holds the likely swing vote that could change history in regards to ...

The U.S. Supreme Court recently ruled that absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s prohibition of unreasonable seizures. The decision in Rodriguez v. United States...

In a brief per curium opinion, the U.S. Supreme Court recently held that lifetime monitoring of a convicted sex-offender could run afoul of the constitutional right to be free from unreasonable searches and seizures. The decision in Torrey Dale Grad...

Privacy rights are not expressly addressed under the U.S. Constitution. However, the Supreme Court has nonetheless found that they protected under the Bill of Rights. Most notably, the Court has held that the notion of “liberty” under the Fourtee...

The U.S. Supreme Court recently issued its much-anticipated decision in Alabama Legislative Black Caucus v. Alabama and Alabama Democratic Conference v. Alabama, which addressed whether the state of Alabama engaged in racial gerrymandering during its...

The U.S. Supreme Court gave online retailers a significant victory in the Direct Marketing Association v. Brohl case,when it held that the Tax Injunction Act (TIA) does not prohibit them from challenging a Colorado sales tax scheme that requires out...

The U.S. Supreme Court recently granted review in Hurst v. Florida, which challenges the constitutionality of a Florida law limiting the power of the jury in death penalty cases. The criminal law case raises interesting questions with regard a defen...

In Yates v. United States, the U.S. Supreme Court recently held that a Florida fisherman did not violate the Sarbanes-Oxley Act’s anti-shredding provision when he tossed undersize fish overboard in order avoid a fine from wildlife officials. Much ...

The U.S. Supreme Court recently announced that it would release audio recordings of the upcoming same-sex marriage hearing on the same day. Oral arguments in Obergefell v. Hodges are scheduled for 10:00 a.m. on April 28, 2015. Lawyers for both sides...

Later this term, U.S. Supreme Court will consider its first death penalty case since 2007. The issue in Glossip v. Gross is whether a new sedative used in lethal injections violates the Eighth Amendment to the U.S. Constitution. The drug at use, in ...