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September 23, 2024 | SCOTUS Clarifies Statute of Limitations for APA Claims
Category: Current
SCOTUS Rules Retrial Is Constitutional After Conviction in Improper Venue
In Smith v. the United States, 599 U.S. ____ (2023), the U.S. Supreme Court unanimously held that the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district. Fa...
SCOTUS Limits Foreign Reach of Trademark Law
In Abitron Austria GmbH v. Hetronic Int’l, Inc., 600 U.S. ____ (2023), the U.S. Supreme Court held that the trademark infringement provisions of the Lanham Act do not apply extraterritorially, but rather extend only to claims where the infringing ...
SCOTUS Rules Retrial Is Constitutional After Conviction in Improper Venue
In Smith v. the United States, 599 U.S. ____ (2023), the U.S. Supreme Court unanimously held that the Constitution permits the retrial of a defendant following a trial in an improper venue conducted before a jury drawn from the wrong district. Fa...
SCOTUS Adopts New Standard for Religious Accommodations Cases
In Groff v. DeJoy, 600 U.S. ____ (2023), the U.S. Supreme Court modified the religious accommodation standard under Title VII of the Civil Rights Act, which requires employers to accommodate the religious practice of their employees unless doing so ...
Student Loan Forgiveness Program Fails to Survive Supreme Court Scrutiny
In Biden v. Nebraska, 600 U.S. ____ (2023), the U.S. Supreme Court struck down the Biden Administration’s student loan forgiveness program. Relying on “ordinary tools of statutory interpretation,” the six-member majority found that the Secreta...
Supreme Court Clarifies First Amendment Test for True Threats
In Counterman v. Colorado, 600 U.S. ____ (2023), the U.S. Supreme Court held that to establish that a statement is a “true threat” unprotected by the First Amendment, the state must prove that the defendant had some subjective understanding of t...
Supreme Court Rules States Can’t Challenge Federal Immigration Policy
In United States v. Texas, 599 U.S. ____ (2023), the U.S. Supreme Court ruled that Texas and Louisiana lacked standing to challenge a Biden Administration immigration enforcement policy. According to the eight-member majority, “federal courts are ...
SCOTUS Narrows Reach of Identity Fraud Statute
In Durbin v. United States, 599 U.S. ____ (2023), the U.S. Supreme Court narrowed the scope of a federal aggravated identity theft statute. The justices unanimously held that a defendant “uses” another person’s means of identification “in re...
Supreme Court Holds Retaining Excess Value Violated Takings Clause
In Tyler v. Hennepin County, 598 U.S. ____ (2023), the U.S. Supreme Court held that the government can’t keep the profits of properties sold to satisfy tax debts. Accordingly, Geraldine Tyler plausibly alleged that Hennepin County unconstitutiona...
Supreme Court Upholds California Animal Welfare Law
In National Pork Producers Council v. Ross, 598 U.S. ____ (2023), the U.S. Supreme Court rejected a constitutional challenge to a California animal welfare law that requires pork sold in the state to come from humanely raised pigs. According to the ...
Previous Articles
SCOTUS Upholds Preliminary Injunction Against Title IX Rule Granting Protections to LBGTQ Students
by DONALD SCARINCI on September 16, 2024
In Department of Education v. Louisiana, the U.S. Supreme Court refused to lift preliminary injunct...
SCOTUS Remands Content Moderation Cases But Still Delivers First Amendment Lessons
by DONALD SCARINCI on September 3, 2024
In Moody v. NetChoice and NetChoice v. Paxton, 603 U.S. ____ (2024), the U.S. Supreme Court confirm...
Unanimous Supreme Court Rejects First Amendment Challenge to Lanham Act’s Name Clause
by DONALD SCARINCI on August 28, 2024
In Vidal v. Elster, 602 U.S. ____ (2024), the U.S. Supreme Court held that the names clause of Lanh...
