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June 30, 2025 | Supreme Court Rejects Moment of Threat Doctrine in Deadly Force Case
Tag: Constitutional Law
Supreme Court to Consider Immunity for Cross-Border Shooting in Hernandez v Mesa
On October 11, 2016, the Supreme Court added several high profile cases to its docket. One of the most-anticipated cases is Hernandez v Mesa, which involves the fatal shooting of a Mexican teenager by United States Border Patrol from across the U.S. ...
Swift v Tyson Authorizes Federal Courts to Create Federal “Common” Law
In Swift v Tyson, 41 U.S. 1 (1842), the U.S. Supreme Court held that the federal courts were authorized to create their own body of common law when hearing cases based on diversity jurisdiction and were not bound by the decisions of the state courts ...
SCOTUS to Consider Ban on Disparaging Trademarks in Lee v Tam
On September 29, 2016, the U.S. Supreme Court added nine cases to its docket. Lee v Tam, which challenges the federal ban on disparaging trademarks, has the potential to be a blockbuster. The Court’s decision could also have serious implications fo...
New Supreme Court Term Kicks Off with Oral Arguments in Five Cases
The U.S. Supreme Court’s new term gets into full swing next week. To kick off the new Supreme Court term, the justices will hear oral arguments in five cases, along with issuing orders and a meeting to consider additional cert petitions. ...
Cherokee Nation v Georgia: The Rights of Indian “Nations”
In Cherokee Nation v Georgia, 30 U.S. (5 Peters) 1 (1831), members of the Cherokee Nation sought to enjoin the state of Georgia from seizing their land. However, the U.S. Supreme Court held that it lacked the authority to enforce the rights of Native...
Craig v Missouri Interprets Prohibition of Bills of Credit Under Article I
In Craig v Missouri, 29 U.S. 410 (1830), the U.S. Supreme Court held that a Missouri statute authorizing loan certificates issued by the state violated Article I, section 10 of the Constitution, which prohibits states from issuing bills of credit. ...
SCOTUS to Consider Trinity Lutheran Church v Pauley—Public Funding for Religion
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...
October 2016 Supreme Court Term Preview: Major Criminal Cases at Hand
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...
Willson v Black Bird Creek Marsh Company: The Dormant Commerce Clause
In Willson v Black Bird Creek Marsh Company, 27 U.S. (2 Pet.) 245 (1829), the U.S. Supreme Court held that a Delaware state law authorizing the building of a dam did not unconstitutionally usurp Congress's powers under the Commerce Clause because the...
Brown v Maryland: Import Taxes on Foreign Goods
In Brown v Maryland, 12 Wheat. 419 (1827), the U.S. Supreme Court held that a Maryland law requiring importers of foreign goods to obtain a license violated the Constitution’s prohibition on import taxes and undermined federal authority over inters...
Previous Articles
SCOTUS Holds Wire Fraud Statute Doesn’t Require Proof Victim Suffered Economic Loss
by DONALD SCARINCI on June 24, 2025
In Kousisis v. United States, 605 U.S. ____ (2025), the U.S. Supreme Court held that a defendant wh...
SCOTUS Holds Wire Fraud Statute Doesn’t Require Proof Victim Suffered Economic Loss
by DONALD SCARINCI on June 17, 2025
In Kousisis v. United States, 605 U.S. ____ (2025), the U.S. Supreme Court held that a defendant wh...
SCOTUS Considers Birthright Citizenship
by DONALD SCARINCI on June 13, 2025
On May 15, 2025, the U.S. Supreme Court heard oral arguments in Trump v. CASA, Inc., Trump v. Washi...
