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November 18, 2024 | SCOTUS Hears Oral Arguments in Four Cases
Category: Supreme Court Decisions
California Public Employees’ Retirement System v ANZ Securities: Supreme Court Clarifies Tolling in Securities Class Actions
In California Public Employees’ Retirement System v ANZ Securities, Inc., et al., 582 U. S. ____ (2017), the U.S. Supreme Court held that the Securities Act of 1933’s (Securities Act) three-year statute of repose is not subject to tolling. Accord...
Murr v Wisconsin Supreme Court Creates New Regulatory Takings Test
In Murr v Wisconsin, 582 U. S. ____ (2017), the U.S. Supreme Court upheld the Wisconsin Supreme Court's ruling that two contiguous lots should be considered one parcel for the purposes of the government taking a case. In so ruling, the Court establi...
Denying Grant to Church School Violates Free Exercise Clause
In Trinity Lutheran Church of Columbia, Inc. v. Carol S. Comer, Director, Missouri Department of Natural Resources, 582 U. S. ____ (2017), the U.S. Supreme Court held that the State of Missouri violated the U.S. Constitution’s Free Exercise Clause ...
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 ...
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...
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...
Article 2 “Advice and Consent” Limits Appointment Power of the President
In National Labor Relations Board v. SW General, the Supreme Court limited the President’s ability to fill vacancies under the Federal Vacancies Reform Act of 1998 (FVRA). By a vote of 7-2, the Court held that a person can’t serve in an acting ca...
Beckles v United States Upholds Constitutionality of Federal Sentencing Guidelines
In Beckles v United States, 580 U. S. ____ (2017), the U.S. Supreme Court upheld the constitutionality of the country’s federal sentencing guidelines. By a vote of 7-0, the Court held that the Federal Sentencing Guidelines, including Section 4B1.2...
Racial Bias Trumps Juror Secrecy in Pena-Rodriguez v Colorado
A divided U.S. Supreme Court recently held that while jury deliberations should normally be kept secret, racial or ethnic bias mandates an exception to the rule. The court decided Pena-Rodriguez v Colorado, 580 U. S. ____ (2017) by a vote of 5-3. Fa...
Bethune-Hill v Virginia State Board of Elections: Redistricting & Racial Gerrymandering in Virginia
In Bethune-Hill v Virginia State Board of Elections, the U.S. Supreme Court considered what constitutes racial gerrymandering. Through its holding that the district court applied an incorrect legal standard in determining that race did ...
Previous Articles
SCOTUS to Consider High-Profile Transgender Rights Case in December
by DONALD SCARINCI on November 12, 2024
The U.S. Supreme Court will hear oral arguments in United States v. Skrmetti on December 4, 2024. T...
SCOTUS Clarifies Standard for Retaliatory Arrest Claims
by DONALD SCARINCI on November 5, 2024
In Gonzalez v. Trevino, 602 U.S. ___ (2024), the U.S. Supreme Court held that plaintiffs are not re...
Supreme Court Clarifies Application of Confrontation Clause to Forensic Analysis
by DONALD SCARINCI on October 28, 2024
In Smith v. Arizona, 602 U.S. ____ (2024), the U.S. Supreme Court held that when an expert conveys ...
