Category: Supreme Court Decisions

In 303 Creative LLC v. Elenis, 600 U.S. ____ (2023), a divided U.S. Supreme Court held that the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees. “T...

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 Jack Daniel’s Properties v. VIP Products LLC, 599 U.S. ____ (2023), the U.S. Supreme Court unanimously found that when an alleged trademark infringer uses the mark as a designation of source for its own goods or services the threshold test for ...

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...