Tag: 2019

The U.S. Supreme Court’s criminal law docket for the October 2019 Term addresses some significant constitutional issues. In Kahler v. Kansas, the justices will consider whether the Eighth and Fourteenth Amendments to the Constitution allow a state...

In Flowers v Mississippi, 588 U. S. ____ (2019), the U.S. Supreme Court held that the jury selection process in Curtis Flowers’ sixth murder trial violated the U.S. Constitution. By a vote of 7-2, the Court found that the trial court committed cle...

In Manhattan Community Access Corp v Halleck, 587 U.S. ___ (2019), the U.S. Supreme Court held that Manhattan Community Access Corp., a private nonprofit corporation designated by New York City to operate public access channels on the Time Warner-ow...

In Mitchell v Wisconsin, 588 U. S. ____ (2019), the U.S. Supreme Court held that the exigent-circumstances exception to the Fourth Amendment’s warrant requirement nearly always allows a blood test without first obtaining a warrant when a breath te...

In Kisor v. Wilke, 588 U. S. ____ (2019), the U.S. Supreme Court narrowly affirmed the doctrine of Auer deference. However, the Court made it clear that the doctrine’s application has its limits. Doctrine of Auer Deference In Auer v Rob...

In Rucho v Common Cause, 588 U.S. ____ (2019), the U.S. Supreme Court held that courts have no role in resolving partisan gerrymandering claims. By a vote of 5-4, the divided Court held that such cases present political questions beyond the reach of...

In The American Legion v American Humanist Association, 588 U. S. ____ (2019), the U.S. Supreme Court held that the Bladensburg Cross does not violate the Establishment Clause of the First Amendment. While seven justices agreed with the Court’s ju...

In Return Mail Inc v United States Postal Service, 587 U. S. ____ (2019), the U.S. Supreme Court held that the federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings u...

In Mont v United States, 587 U. S. ____ (2019), the U.S. Supreme Court held that pretrial detention tolls a term of federal supervised release if a court credits that period of pretrial detention toward a sentence for a new conviction. Justice Ruth ...

In Box v Planned Parenthood of Indiana and Kentucky Inc., 587 U. S. ____ (2019), the U.S. Supreme Court held that Indiana’s law relating to the disposition of fetal remains by abortion providers passes constitutional scrutiny. However, it denied c...