Tag: U.S. Supreme Court

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...

The U.S. Supreme Court has sent Weyerhaeuser Company v. United States Fish and Wildlife Service, 586 U. S. ____ (2018), back to the lower court.  It remains to be seen whether this seemingly simple case of statutory interpretation may also signal th...

The U.S. Supreme Court recently agreed to consider a potential blockbuster case involving the First Amendment. The issue in The American Legion v. American Humanist Association is whether a World War I memorial, which is located on public property, i...

The U.S. Supreme Court heard oral arguments in six cases this week. The Federal Arbitration Act (FAA) took center stage, with two cases involving the statute. Other highlights included the propriety of cy pres class-action settlements and the immuni...

While it is still unclear whether the U.S. Supreme Court will be comprised of eight members or nine, the justices will begin holding oral arguments for the October 2018 Term in a few short weeks. Starting on October 1st, the Court will hear a number ...

In Rosales-Mireles v United States, 585 U. S. ____ (2018), the U.S. Supreme Court considered how to remedy a clear error by the district court in calculating a defendant’s United States Sentencing Guidelines range. By a vote of 7-2, the Court held ...

In Lingle v Chevron USA Inc, 544 U.S. 528 (2005), the U.S. Supreme Court overruled the precedent established in Agins v. City of Tiburon, 447 U. S. 255 (1980), which held that a regulation does not amount to an unconstitutional taking "if it does...

In November, the U.S. Supreme Court granted certiorari in what could be another blockbuster First Amendment case. The issue in National Institute of Family and Life Advocates (NIFLA) v Becerra is whether a California law that requires “crisis pregn...

In its second week of oral arguments, the U.S. Supreme Court considered three cases. The most notable was Jesner v. Arab Bank, PLC. The case will determine whether corporations can be held liable for violations under the Alien Tort Statute, which sta...