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March 6, 2023 | U.S. Supreme Court Takes on Big Tech

Category: Current

In Goodyear Tire & Rubber Co. v. Haeger, bad-faith conduct

SCOTUS Clarifies District Court’s Ability to Sanction Bad-Faith Conduct

Bad-Faith Conduct In Goodyear Tire & Rubber Co. v. Haeger, 581 U. S. ____ (2017), the U.S. Supreme Court ruled that the lower court exceeded its authority when it imposed a $2.7 million sanction against Goodyear Tire & Rubber Co. for discove...

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Nelson v Colorado: Fines Must Be Reimbursed to Exonerated Defendants

Nelson v Colorado: Fines Must Be Reimbursed to Exonerated Defendants

The U.S. Supreme Court held that the State of Colorado must return fines and costs assessed against criminal defendants whose convictions have been reversed. The justices decided Nelson v Colorado, 581 U. S. ____ (2017) by a vote of 7-1, with Justice...

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Full Nine-Member Court Considers Last Seven Cases of 2016-17 Term

Full Nine-Member Court Considers Last Seven Cases of 2016-17 Term

The U.S. Supreme Court heard oral arguments in seven cases last week. The justices will spend the remainder of the term rendering decisions and selecting cases to consider next term.   Below is a brief summary of the last seven cases befor...

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Neil Gorsuch Has Busy First Week On U.S. Supreme Court

Justice Neil Gorsuch Has Busy First Week on Supreme Court

Justice Neil Gorsuch heard oral arguments in his first cases as a newly sworn-in member of the U.S. Supreme Court. One of the cases, Trinity Lutheran Church v. Pauley, could be blockbuster.   In Trinity, the justices must decide whether th...

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Dean v United States Preserves Flexibility in Mandatory Minimum Sentences

Dean v United States Preserves Flexibility in Mandatory Minimum Sentences

In Dean v United States, 581 U. S. ____ (2017), the U.S. Supreme Court held that district courts have the discretion to determine whether a defendant has already been given a mandatory sentence for one crime when considering an appropriate sentence ...

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Pretrial Detention

Pretrial Detention Fits Fourth Amendment “as Hand in Glove”

In Manuel v. City of Joliet, 580 U. S. ____ (2017), the U.S. Supreme Court held that a Fourth Amendment malicious prosecution claim is the proper avenue for challenging an unlawful post-arrest detention. According to the seven-member majority, such a...

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McLane v. EEOC - Equal Employment Opportunity Commission

McLane v. EEOC Subpoenas Should Be Reviewed for Abuse of Discretion

In McLane v. EEOC, 581 U. S. ____ (2017), the U.S. Supreme Court held that a district court’s decision whether to enforce or quash a subpoena issued by the Equal Employment Opportunity Commission (EEOC) should be reviewed for abuse of discretion ra...

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Expressions Hair Design v Schneiderman NY Credit Card Surcharge law

Expressions Hair Design v Schneiderman: First Amendment Protects NY Credit Card Surcharge Ban

In a unanimous decision, the U.S. Supreme Court ruled that a New York law prohibiting merchants from charging surcharges for paying via credit card is subject to scrutiny under the First Amendment. The Court’s narrow decision in Expressions Hair De...

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Moore v Texas: Death Penalty in Texas

Moore v Texas: Death Penalty Standard for Mentally Disabled Violates Eighth Amendment

In Moore v Texas, 581 U. S. ____ (2017), the U.S. Supreme Court held that the standard used by the State of Texas to determine whether a mentally disabled defendant can be subjected to the death penalty violated the Constitution. By a vote of 5-3, th...

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Previous Articles

U.S. Supreme Court Takes on Big Tech
by DONALD SCARINCI on March 6, 2023

The U.S. Supreme Court heard oral arguments in two big cases involving Big Tech this week. The case...

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SCOTUS to Clarify Standard for Determining Whether True Threat Exception Applies
by DONALD SCARINCI on February 27, 2023

The U.S. Supreme Court recently granted certiorari in Counterman v. Colorado, which involves the st...

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SCOTUS to Take on Religious Rights in the Workplace
by DONALD SCARINCI on February 21, 2023

The U.S. Supreme Court has added another high-profile case to its docket, agreeing to address the r...

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All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
    Read More
  • Amendment2
    • The Right to Bear Arms
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  • Amendment4
    • Unreasonable Searches and Seizures
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  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
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Preamble to the Bill of Rights

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.

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