Category: US Constitution

The U.S. Supreme Court recently agreed to consider Trinity Lutheran Church v Pauley, a case involving whether the state of Missouri violated the Constitution when it denied the Trinity Lutheran Church’s application for Missouri’s Scrap Tire Grant...

Murr v Wisconsin is one of the October 2016 Term’s most-anticipated cases. The regulatory takings case will address whether two legally distinct but commonly owned contiguous parcels must be combined for takings analysis purposes. The Court’s dec...

The U.S. Supreme Court will return from its summer recess at the end of the month. The justices have already agreed to consider a number of significant criminal law cases over 2016-2017 Term. This post offers a brief preview.   Bravo-Fer...

In Betterman v. Montana, 578 U. S. ____ (2016), the U.S. Supreme Court clarified that the Sixth Amendment’s speedy trial guarantee does not apply once a defendant has been found guilty at trial or has pleaded guilty to criminal charges. The Court�...

While Spokeo, Inc. v Robins, 578 U. S. ____ (2016), was one of the most anticipated decisions of the October 2016 Term, the U.S. Supreme Court ultimately remanded the case back to the Ninth Circuit Court of Appeals to further address the issue of sta...

In Taylor v United States (2016), the U.S. Supreme Court held that “commerce” under the Hobbs Act should be interpreted broadly. Accordingly, it found that the government had satisfied its burden by establishing that the defendant robbed a drug d...

In Fisher v University of Texas at Austin (2016), the U.S. Supreme Court held that the race-conscious admissions program in use by the university when Abigail Fisher applied to the school in 2008 is lawful under the Constitution’s Equal Protection ...

In Birchfield v North Dakota (2016), the U.S. Supreme Court held that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving. However, it held that warrantless blood tests do run afoul of the Constitution. &nbs...

In McDonnell v United States, 579 U. S. ____ (2016), the U.S. Supreme Court vacated the conviction of the former governor of Virginia, Bob McDonnell. In a unanimous decision, the justices rejected federal prosecutors’ broad interpretation of the te...

In RJR Nabisco, Inc v The European Community, the U.S. Supreme Court limited the reach of the Racketeer Influenced and Corrupt Organizations Act (RICO). By a vote of 4-3 (Justice Sonia Sotomayor having recused herself), the Court held that the federa...