Category: Current

In McCoy v Louisiana, 584 U. S. ____ (2018), the U.S. Supreme Court held that the Sixth Amendment guarantees criminal defendants the “autonomy to decide … to assert innocence” as their defense. This includes the defendant’s right to insist th...

In Byrd v United States, 584 U. S. ____ (2018), the U.S. Supreme Court held that the mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat their otherwise reasonable expectation ...

In Animal Science Products, Inc v Hebei Welcome Pharmaceutical Co, 585 U. S. ____ (2018), the U.S. Supreme Court held that a federal court determining foreign law under Federal Rule of Civil Procedure 44.1 should give “respectful consideration” ...

In Ortiz v United States, 585 U. S. ____ (2018), the U.S. Supreme Court affirmed the legality of a military officer serving as a judge on both an Air Force appeals court and the Court of Military Commission Review (CMCR). In so ruling, the Court reje...

Although the U.S. Supreme Court was poised to determine when partisan gerrymandering runs afoul of the U.S. Constitution, the justices unanimously decided the case on technical grounds. The Court held that the plaintiffs in Gill v Whitford, 585 U. S....

In Carpenter v United States, 585 U. S. ____ (2018), the U.S. Supreme Court held that the seizure of cell-site location information constitutes a search under the Fourth Amendment. The case is the latest to interpret how to apply the Fourth Amendmen...

In Trump v Hawaii, 585 U.S. ____ (2018), a divided U.S. Supreme Court held that President Donald Trump lawfully exercised the broad discretion granted to him under the Immigration and Nationality Act to suspend the entry of certain immigrants into th...

In Janus v AFSCME (Janus v. American Federation of State, County, and Municipal Employees, Council 31), 585 U.S. ____ (2018), the U.S. Supreme Court held that public-sector “agency shop” arrangements run afoul of the First Amendment. The sharply-...

In National Institute of Family and Life Advocates v Becerra, 585 U.S. ____ (2018), the U.S. Supreme Court ruled that anti-abortion crisis pregnancy centers are likely to succeed in their First Amendment challenge to a California law that requires su...

In Lucia v Securities and Exchange Commission, the U.S. Supreme Court held that Securities and Exchange Commission administrative law judges (ALJs) are “officers of the United States,” subject to the Constitution’s Appointments Clause. The deci...