Menu
Hot-Topics
June 30, 2025 | Supreme Court Rejects Moment of Threat Doctrine in Deadly Force Case
Tag: Constitutional Law
Gobeille v. Liberty Mutual Insurance Company: ERISA Pre-empts State Health Care Database
On March 1, 2016, the U.S. Supreme Court held that the Employee Retirement Income Security Act (ERISA) pre-empts a Vermont law requiring certain entities, including health insurers, to report payments relating to health care claims to a state agency ...
In re Eugene v. Debs: The Commerce Clause & Labor Strike Injunction
In In re Eugene V. Debs, 158 U.S. 564 (1895), the U.S. Supreme Court upheld the government’s use of a court injunction to order striking workers back on the job. In a unanimous decision, the Court held that the federal government had the right ...
Landmark Cases on Supreme Court’s March Docket
The U.S. Supreme Court is scheduled to hear arguments in several potential blockbuster cases this month. Topics on the agenda include restrictions of abortion, the Affordable Care Act’s contraception mandate, and racial gerrymandering. Of course, e...
Cohens v. Virginia: U.S. Supreme Court Trumps State Courts
In Cohens v. Virginia, 19 U.S. 264 (1821), the U.S. Supreme Court established itself as the highest court in the county. The justices expressly held that the Court had appellate jurisdiction over state court criminal law decisions involving alleg...
United States v. Texas Addresses Presidential Use of Executive Orders
In January, the U.S. Supreme Court added another potential blockbuster case to the current Term. In United States v. Texas, the justices will consider whether President Obama’s use of executive action to further his immigration policy violated the ...
Livingston v. Van Ingen: NY Appeals Court Tackles Commerce Clause
In Livingston v. Van Ingen, 9 Johns. R. 507 N.Y. 1812, the New York Court for the Correction of Errors upheld a New York statute authorizing a monopoly on steam boat transportation in New York waters. The appeals court decision, which was later n...
The U.S. Supreme Court’s Case Docket For February
The U.S. Supreme Court returns from recess on February 22, 2016 without Justice Antonin Scalia. Below is a brief summary of the Supreme Court’s Case Docket that the Eight justices will consider this month. Kingdomware Technologies, In...
Liberal Commentators on the Presidential Eligibility Clause and Originalism
Both Professors Larry Tribe and Thomas Lee are playing a game of “gotcha” with Ted Cruz when it comes to defining “natural born citizen” under the Presidential Eligibility Clause. Yet, neither are very convincing in their arguments that, base...
Lochner v. New York: Liberty of Contract
In Lochner v. New York, 198 U.S. 45 (1905), the U.S. Supreme Court struck down a New York law that established maximum working hours for bakers. According to the majority, the right to buy and sell labor was a liberty interest protected under the...
Kansas v. Carr: Capital Sentencing Under the Eighth Amendment
In Kansas v. Carr, 577 U. S. ____ (2016), the U.S. Supreme Court addressed the constitutionality of jury instructions used in two Kansas capital murder cases. The justices ruled that the Eighth Amendment does not mandate that courts instruct ...
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...
