Tag: U.S. Supreme Court

In the wake of its controversial 2021 term, all eyes will be on the Supreme Court when the justices return to the bench in October. One of the biggest cases to watch is Moore v. Harper, an elections case out of North Carolina that involves how much ...

In Egbert v. Boule, 596 U.S. ____ (2022), the U.S. Supreme Court held that the authority of a court to imply a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), does not extend to either a ...

In Morgan v. Sundance, Inc., 596 U. S. ____ (2022), the U.S. Supreme Court held that the Fifth Circuit Court of Appeals erred in adopting an arbitration-specific rule conditioning a waiver of the right to arbitrate on a showing of prejudice. Accordi...

In Federal Election Commission v. Ted Cruz for Senate, 596 U.S. ____ (2022), the U.S. Supreme Court held that Section 304 of the Bipartisan Campaign Reform Act of 2002 — which limits the amount of post-election contributions that may be used to re...

The Supreme Court’s January sitting started off with the late addition of two cases challenging vaccine mandates imposed by the Biden Administration. The first, Biden v. Missouri, involves a federal rule requiring all health care workers at facili...

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...