Tag: U.S. Supreme Court

In Luis v. United States, 136 U.S. 1083 (2016), the U.S. Supreme Court held that the pretrial freeze of a criminal defendant's legitimate, untainted assets violates the Sixth Amendment right to counsel of choice. While the significant constitutiona...

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 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 ...

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 ...

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 ...

Last week, the U.S. Supreme Court issued its opinion in DIRECTV, Inc. v. Imburgia, holding that the California Court of Appeal erred in finding an arbitration clause required the application of state law despite its preemption by the Federal Arbitrat...

In T-Mobile South LLC v. City of Roswell, 135 S.Ct. 808 (2015), the U.S. Supreme Court held that the federal Telecommunications Act mandates that municipalities provide a written explanation when denying a cell tower application. Moreover, the explan...

U.S. Supreme Court Review for October, 2015: The justices of the Court have been busy since returning to the bench. The Supreme Court Review covers oral arguments in ten cases and added a number of important new cases to the docket. On Oc...

In Omnicare v. Laborers Dist. Council, 135 S. Ct. 1318 (2015), the U.S. Supreme Court interpreted section 11 of the Securities Act of 1933, which addresses the liability for statements of opinion that had divided the Federal Courts of appeal....

In West Virginia State Board of Education v. Barnette (1943), the U.S. Supreme Court held that requiring public school children to salute the American flag and recite the pledge of allegiance violates the First Amendment. The 6-3 decision was fit...