Author: DONALD SCARINCI

In De Jonge v. Oregon, the U.S. Supreme Court confirmed that the right to peaceable assembly is equally as important as the freedom of speech and the freedom of the press. The decision also highlights that the right to engage in political discussion ...

An Alabama voting rights case will once again take center stage at the U.S. Supreme Court. The justices recently agreed to consider two related cases involving how race was used to formulate Alabama redistricting plan. Last term, in Shelby v. Hol...

The U.S. Supreme Court may finally address the Constitutional right to same-sex marriage when its next term begins in October. Petitions challenging state laws in Utah, Virginia, and Oklahoma await the justices’ consideration. If the justices ag...

While the U.S. Supreme Court has not issued a ground breaking gun rights case since District of Columbia v. Heller, it continues to refine the scope of Second Amendment protection. The Court’s October 2013 session was no exception. In Abramski v. U...

In McCullen v. Coakley, the U.S. Supreme Court ruled that a Massachusetts law establishing “buffer zones” around reproductive health care facilities violates the First Amendment. The justices concluded that even though the restriction is content ...

President Barack Obama exceeded the recess appointment power granted under the U.S. Constitution when he appointed three members to the National Labor Relations Board (NLRB), according to the unanimous opinion of the Supreme Court. The decision marke...

The U.S. Supreme Court recently issued an important decision regarding the free speech rights of public employees. The unanimous First Amendment decision clarifies that employees are protected when providing court testimony about matters outside the ...

On the last day of the session, the U.S. Supreme Court issued its much-anticipated decision in Burwell v. Hobby Lobby. By a vote of 5-4, the justices ruled that the Affordable Care Act’s (ACA) so-called “contraception mandate” violates Religiou...

In Riley v. California, the majority held that police officers must obtain a warrant The U.S. Supreme Court recently issued its most important privacy decision in four decades. In Riley v. California, the majority held that police officers must obta...

Threats of causing actual harm to someone has never been considered protected speech under the First Amendment.  The U.S. Supreme Court will now review online threats made on Facebook and Twitter, in  Elonis v. United States. The case involves a se...