Category: Current

In Stokeling v United States, 586 U.S. ____ (2019), the U.S. Supreme Court held by a vote of 5-4 that the Armed Career Criminal Act’s (ACCA) elements clause encompasses a robbery offense that, like Florida’s law, requires the criminal to overcom...

Justice Ruth Bader Ginsburg missed oral arguments this week as she recovers from surgery to remove cancerous growths from her lungs. She will, however, still participate in the cases by reading the briefs and transcripts of oral arguments. The re...

The U.S. Supreme Court had a busy first week of the year as the justices returned to the bench to kick off 2019. The week’s oral arguments included two high-profile copyright cases. Below is a brief summary of issues before the Court last week:...

In United States v Stitt, decided on December 10, 2018, the U.S. Supreme Court held that the term “burglary,” as used in the federal Armed Career Criminal Act (ACCA), includes the burglary of any “structure or vehicle that has been adapted or ...

When they return to the bench in January, the justices of the U.S. Supreme Court will consider their first case involving the 21st Amendment in more than a decade. Tennessee Wine and Spirits Retailers Association v. Clayton Byrd involves the co...

The U.S. Supreme Court recently agreed to hear Kisor v Wilkie, which has the potential to be a blockbuster in the area of administrative law. The question before the Court is whether it should overrule Auer v. Robbins, which hold that courts mu...

The U.S. Supreme Court has sent Weyerhaeuser Company v. United States Fish and Wildlife Service, 586 U. S. ____ (2018), back to the lower court.  It remains to be seen whether this seemingly simple case of statutory interpretation may also signal th...

The U.S. Supreme Court heard oral arguments in five cases this week, one of which has the potential to be a blockbuster. The issue before the Court in Timbs v. Indiana is whether the Eighth Amendment ban on “excessive fines” applies to the states...

The U.S. Supreme Court recently agreed to consider a potential blockbuster case involving the First Amendment. The issue in The American Legion v. American Humanist Association is whether a World War I memorial, which is located on public property, i...

In its first published decision of the term, the U.S. Supreme Court held that the Age Discrimination in Employment Act of 1967 (ADEA) applies to state and local governments, regardless of the size. The Court’s decision in Mount Lemmon Fire District...