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

Tag: Donald Scarinci

Warrantless Breath Tests Upheld in Birchfield v North Dakota

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...

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Supreme Court Strikes Down Abortion Restrictions in Whole Woman’s Health v Hellerstedt

In Whole Woman’s Health v Hellerstedt (2016), a divided U.S. Supreme Court struck down a Texas law placing restrictions on abortion clinics. By a vote of 5-3, the Court held that the law placed an undue burden on a woman’s access to abortion. ...

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Court Sides with Former VA Governor in McDonnell v United States

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...

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Reynolds v. Sims

Brady v Maryland: Suppression of Evidence Violates Due Process

In Brady v Maryland, 373 U.S. 83 (1963), the U.S. Supreme Court held that prosecutors must fully disclose to the accused all exculpatory evidence in their possession. The Court’s holding is commonly known as the “Brady Rule.”   The Fac...

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Court Narrowly Applies Fourth Amendment Exclusionary Rule in Utah v Strieff

In Utah v Strieff, the U.S. Supreme Court held that evidence seized incident to a lawful arrest on an outstanding warrant need not be suppressed just because the warrant was discovered during an investigatory stop, later found to be unlawful. The 5-3...

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US v Bryant: Tribal Convictions and the Constitution’s Right to Counsel

In US v Bryant 579 ___ (2016), the U.S. Supreme Court held that the inclusion of tribal-court convictions as predicate offenses under a federal domestic violence law targeting repeat offenders does not violate the Sixth Amendment’s right to counsel...

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Puerto Rico v Franklin California Tax-Free Trust: Puerto Rico Loses Debt Restructuring Suit

Puerto Rico is having a bad month, at least as far as the U.S. Supreme Court is concerned. In Commonwealth of Puerto Rico v Franklin California Tax-Free Trust 579 U.S. ___ (2016), the justices struck down a law that would have allowed public utilitie...

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selective service act

Reynolds v Sims: Due Process and Legislative Apportionment

In Reynolds v Sims, 377 U.S. 533 (1964), the U.S. Supreme Court struck down Alabama’s legislative apportionment scheme. By a vote of 8-1, the justices held that the Fourteenth Amendment’s Equal Protection Clause requires that both houses of a ...

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railroad regulation

Selective Service Act of 1917

Enacted in the early days of World War I, the Selective Service Act of 1917 authorized the country’s first military draft. By the conclusion of the war, 24 million men had registered for military service.   At the end of the Civil War, t...

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Williams v Pennsylvania: Judge’s Failure to Recuse Violated Due Process

In Williams v Pennsylvania, the U.S. Supreme Court held that judges must recuse themselves in cases that they once prosecuted 579 U.S. ___ (2016). By a vote of 5-3, the justices held that a Pennsylvania judge’s participation in a death penalty case...

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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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All Posts

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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