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February 14, 2025 | First Amendment Issues Dominant Busy Week at the Supreme Court
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...
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...
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 ...
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...
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...
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 ...
In Reed v. Goertz,598 U.S. ____ (2023), the U.S. Supreme Court held that death row inmate Rodney Reed did not wait too long to seek DNA testing of the evidence in his case. According to the Court majority, when a prisoner pursues state post-convicti...
The U.S. Supreme Court’s decision in Axon Enterprise, Inc. v. Federal Trade Commission, 598 U.S. ____ (2023), allows federal district courts to consider constitutional challenges to administrative proceedings prior to the issuance of final rulings...
The U.S. Supreme Court has concluded its oral arguments for the 2022-2023 Term. The Court’s final week included four cases, with issues ranging from bankruptcy to RICO to government takings. Below is a brief summary of the issues before the Cou...
In Wilkins v. United States, 598 U.S. ____ (2023), the U.S. Supreme Court held that the Quiet Title Act’s statute of limitations is a claim-processing rule rather than a bright-line rule that constrains a court's jurisdiction. Justice Sonia Sotom...
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.