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May 6, 2025 | SCOTUS Rules Non-Citizens Must Challenge Removal Under Alien Enemies Act

Tag: Donald Scarinci

Campbell-Ewald Co. v. Gomez: Class Actions and Article III

In Campbell-Ewald Co. v. Gomez, 577 U. S. ____ (2016), the U.S. Supreme Court considered whether a case becomes moot, and thus beyond the judicial power of Article III, when the plaintiff receives and rejects an offer of complete relief on his claim....

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Hurst v. Florida: Only a Jury Can Impose the Death Sentence

On January 12, 2016, the U.S. Supreme Court struck down Florida’s capital-sentencing scheme in Hurst v. Florida, 577 U. S. (2016). By a vote of 8-1, the justices held that allowing the trial judge to have the final say on a death sentence violated ...

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Kingsley v. Hendrickson: The Objectively Unreasonable Standard for Excessive Force Claims

In Kingsley v. Hendrickson, 576 US _ (2015), the U.S. Supreme Court addressed the legal standard for finding unconstitutionally excessive force during pre-trial detention. By a vote of 5-4, the justices held that a pretrial detainee pursuing an ex...

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Abood v. Detroit Board of Education: Public Unions, “Agency Shop” and the First Amendment

In Abood v. Detroit Board of Education, 431 U.S. 209 (1977), the U.S. Supreme Court held that the First Amendment to the U.S. Constitution does not prohibit governments from requiring non-union public employees to pay their “fair share” of dues f...

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Johnson v. the United States: ACCA Unconstitutionally Vague

In Johnson v. the United States, 576 US _ (2015), the U.S. Supreme Court held that the residual clause of the Armed Career Criminal Act was unconstitutionally vague and violated the due process rights of the petitioner. The statute imposes increased ...

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Alabama Dept. of Revenue v. CSX Transportation: Tax Discrimination under the 4-R Act

In Alabama Dept. of Revenue v. CSX Transportation, 135 S.Ct. 1136 (2015), the U.S. Supreme Court addressed what constitutes tax discrimination under the Railroad Revitalization and Regulation Reform Act of 1976, otherwise known as the “4-R Act.” ...

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Davis v. Ayala: Excluding Attorneys from Batson Hearing Was Harmless Error

In Davis v. Ayala, 135 S. Ct. 2187 (2015), the U.S. Supreme Court considered whether it was a harmless error to exclude defense counsel from the Batson hearing. A deeply divided court ultimately answered yes, highlighting that habeas petitioners are ...

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Warger v. Shauers: Interpreting Federal Rule of Evidence 606(b)

In Warger v. Shauers, 135 S. Ct. 521 (2014), the U.S. Supreme Court addressed Federal Rule of Evidence 606(b), which provides a juror may not testify about any statement made or incident that occurred during the jury’s deliberations during “an in...

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Woods v. Donald: The Standard for Habeas Relief

In Woods v. Donald, 135 S.Ct. 1372 (2015), the U.S. Supreme Court clarified when a federal court may grant habeas relief. In a per curium opinion, the justices unanimously held that court may only grant such relief when the state court’s decision i...

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Christeson v. Roper: Counsel Meets “Interests of Justice” Standard

In Christeson v. Roper, 135 S. Ct. 891 (2015), the U.S. Supreme Court addressed the requirements for counsel substitution under "the interests of justice" standard. In a 7-2 per curium decision, the majority held that a conflict of interest is ground...

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Previous Articles

Causing Physical Harm Always Involves “Use of Force”
by DONALD SCARINCI on April 29, 2025

In Delligatti v. United States, 604 U.S. ____ (2025), the U.S. Supreme Court held that the knowing ...

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SCOTUS Confirms Right to Renew Lawsuit Ater Voluntary Dismissal
by DONALD SCARINCI on April 22, 2025

In Waetzig v. Halliburton Energy Services, Inc., 604 U.S. ____ (2025), the U.S. Supreme Court held ...

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Supreme Court Rules Trademark Infringement Damages Include Only Named Defendant’s Profits
by DONALD SCARINCI on April 14, 2025

In Dewberry Group, Inc. v. Dewberry Engineers, Inc., 604 U.S. __ (2025), the U.S. SupremeCourt held...

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The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
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  • Amendment2
    • The Right to Bear Arms
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  • Amendment4
    • Unreasonable Searches and Seizures
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  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
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Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

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More Recent Posts

  • SCOTUS Clarifies Bruen in Upholding Federal Gun Law
  • SCOTUS Rules Challenged South Carolina District Is Not a Racial Gerrymander
  • Supreme Court Rejects Strict Criminal Forfeiture Timelines
  • Supreme Court Clarifies “Safety Valve” in Federal Criminal Sentencing Laws

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