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February 14, 2025 | First Amendment Issues Dominant Busy Week at the Supreme Court
In Elk Grove Unified School District v Newdow, 542 U.S. ____ (2004), the U.S. Supreme Court sidestepped a constitutional challenge to the Pledge of Allegiance. By holding that the plaintiff lacked standing, the Court avoided deciding whether the wor...
In Mitchell v Wisconsin, 588 U. S. ____ (2019), the U.S. Supreme Court held that the exigent-circumstances exception to the Fourth Amendment’s warrant requirement nearly always allows a blood test without first obtaining a warrant when a breath te...
In Kisor v. Wilke, 588 U. S. ____ (2019), the U.S. Supreme Court narrowly affirmed the doctrine of Auer deference. However, the Court made it clear that the doctrine’s application has its limits. Doctrine of Auer Deference In Auer v Rob...
In Rucho v Common Cause, 588 U.S. ____ (2019), the U.S. Supreme Court held that courts have no role in resolving partisan gerrymandering claims. By a vote of 5-4, the divided Court held that such cases present political questions beyond the reach of...
In Gamble v. United States, 587 U. S. ____ (2019), the U.S. Supreme Court upheld the “separate sovereigns” doctrine. Accordingly, states and the federal government may continue prosecuting individuals for the same crime. Facts of the Case ...
In The American Legion v American Humanist Association, 588 U. S. ____ (2019), the U.S. Supreme Court held that the Bladensburg Cross does not violate the Establishment Clause of the First Amendment. While seven justices agreed with the Court’s ju...
In Return Mail Inc v United States Postal Service, 587 U. S. ____ (2019), the U.S. Supreme Court held that the federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings u...
In Mont v United States, 587 U. S. ____ (2019), the U.S. Supreme Court held that pretrial detention tolls a term of federal supervised release if a court credits that period of pretrial detention toward a sentence for a new conviction. Justice Ruth ...
In Box v Planned Parenthood of Indiana and Kentucky Inc., 587 U. S. ____ (2019), the U.S. Supreme Court held that Indiana’s law relating to the disposition of fetal remains by abortion providers passes constitutional scrutiny. However, it denied c...
In Herrera v Wyoming, 587 U.S. ____ (2019), the U.S. Supreme Court held that Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States.” The five-member majority fur...
The U.S. Supreme Court will take on its first free speech case this month. The case, Free Speech Co...
The Supreme Court recently agreed to consider Catholic Charities Bureau, Inc. v. Wisconsin Labor &a...
The U.S. Supreme Court has agreed to consider an emergency appeal that will likely decide whether t...
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.