9robes

Law can turn on a single moment, but the Supreme Court says it’s not enough just to stop the clock at that instant. In Barnes v. Felix, the Court looked at a rule that made judges evaluate police force only by what happened in the split second an officer felt threatened. The Justices all agreed that’s too narrow. music for the podcast provided by ⁠⁠ Dimitry Taras

The Supreme Court held that a federal civilian employee called to active duty pursuant to "any other provision of law... during a national emergency" as described in 10 U.S.C. §101(a)(13)(B) is entitled to differential pay if the reservist's service temporally coincides with a declared national emergency, without requiring any showing that the service bears a substantive connection t...

The Court held that in calculating the Medicare fraction for the disproportionate share hospital (DSH) adjustment, an individual is "entitled to supplementary security income benefits" only when they are eligible to receive an SSI cash payment during the month of their hospitalization. This interpretation affects how hospitals are reimbursed for treating low-income Medicare patients, as...

The Court held that under 8 U.S.C. §1229c(b)(2), a voluntary-departure deadline that falls on a weekend or legal holiday extends to the next business day. The Court reversed the Tenth Circuit's ruling and remanded the case for further proceedings. music for the podcast provided by ⁠ Dimitry Taras

The Court held that to state a claim under ERISA section 1106(a)(1)(C), a plaintiff need only plausibly allege the elements contained in that provision itself, without addressing potential section 1108 exemptions. The Court reversed the Second Circuit's decision that required plaintiffs to also plead that a transaction was unnecessary or involved unreasonable compensation. music for the podcas...

The Supreme Court granted the government's application to vacate temporary restraining orders issued by the District Court for the District of Columbia that had halted deportations under the Alien Enemies Act. The Court ruled that challenges to removal under the Act must be brought as habeas petitions in the district of confinement. music for the podcast provided by ⁠ Dimitry Taras

The Supreme Court granted the Department of Education's application to stay a temporary restraining order (TRO) issued by the United States District Court for the District of Massachusetts. The TRO had enjoined the Government from terminating various education-related grants and required continued payment of grant obligations. The Court determined that the Government was likely to succeed in s...

The Court held that under the Racketeer Influenced and Corrupt Organizations Act (RICO), a plaintiff may seek treble damages for business or property loss even if the loss resulted from a personal injury. The Court rejected the "antecedent-personal-injury bar" adopted by several circuits that would preclude recovery for business or property losses that derive from a personal injury. musi...

The Supreme Court vacated the Fifth Circuit's decision that found the FDA acted arbitrarily and capriciously in denying marketing authorization for flavored e-cigarette products. The Court held that the FDA's denial orders were sufficiently consistent with its predecisional guidance regarding scientific evidence, comparative efficacy, and device type, and thus did not violate the change-in...

The Supreme Court held that Section 106(a) of the Bankruptcy Code, which waives the federal government's sovereign immunity "with respect to" certain provisions including §544, does not extend to waive sovereign immunity for state-law claims nested within a §544(b) claim. The Court reversed the Tenth Circuit's decision, finding that §106(a) is merely a jurisdictional provision th...

In Bondi v. Vanderstok, the justices looked at a rule from the agency that enforces our gun laws. music for the podcast provided by ⁠ Dimitry Taras

The Court held that the knowing or intentional causation of injury or death, whether by act or omission, necessarily involves the "use" of "physical force" against another person within the meaning of 18 U.S.C. §924(c)(3)(A). This means that crimes that can be committed by omission, such as New York second-degree murder, still qualify as "crimes of violence" under the...

When does a half‐truth cross the line into a punishable lie? That’s what the Supreme Court asked when it looked at a law banning “knowingly mak[ing] any false statement” on loan documents. music for the podcast provided by ⁠⁠ Dimitry Taras

When the Department of Veterans Affairs decides that evidence for a service-related injury is in “approximate balance,” that call is treated as mostly a factual finding. The Supreme Court said appeals courts must give deference to that factual decision; checking only for clear mistakes while still reviewing any legal questions from scratch. music for the podcast provided by ⁠⁠ Dimitry Taras

In City and County of San Francisco v. Environmental Protection Agency, the Supreme Court took up the question of whether the EPA can issue pollution permits that simply say, “Make sure the river stays clean,” without spelling out exactly what steps a company must take. music for the podcast provided by ⁠⁠ Dimitry Taras

A landmark Supreme Court ruling clarifies that "defendant's profits" in trademark infringement cases only includes profits from the sued entity, not related companies. The Court unanimously overturned a $43 million award against Dewberry Group, emphasizing corporate separateness while leaving room for courts to examine non-arm's-length transactions between affiliates. Essential r...

The Supreme Court vacated the judgment of the Tenth Circuit Court of Appeals and remanded the case for further proceedings. The Court held that the Tenth Circuit erred in failing to recognize as clearly established law the principle that the Due Process Clause forbids the admission of evidence so unduly prejudicial as to render a defendant's trial fundamentally unfair. music for the podcast pr...

The Supreme Court upheld the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act as applied to TikTok. The Court found that the Act's provisions requiring TikTok to divest from Chinese ownership or cease U.S. operations do not violate the First Amendment rights of TikTok or its users. The Court applied intermediate scrutiny and concluded the Act is suff...

The Supreme Court held that the preponderance-of-the-evidence standard applies when an employer seeks to demonstrate that an employee is exempt from the minimum-wage and overtime-pay provisions of the Fair Labor Standards Act (FLSA). The Court reversed the Fourth Circuit's ruling that had required a clear-and-convincing evidence standard, and remanded the case for further proceedings. more at...

The Supreme Court held that when a plaintiff amends their complaint following removal to federal court to eliminate all federal claims, leaving only state law claims, the federal court loses supplemental jurisdiction over the remaining state claims and must remand the case to state court. more at 9robes.ai music for the podcast provided by Dimitry Taras

The Supreme Court held that revocation of an approved visa petition under 8 U.S.C. §1155 based on a sham-marriage determination by the Secretary of Homeland Security is a discretionary decision that falls within the purview of 8 U.S.C. §1252(a)(2)(B)(ii), which strips federal courts of jurisdiction to review certain actions "in the discretion of" the agency. Therefore, federal courts lack jurisdic...

The Supreme Court denied the government's applications for partial stays of preliminary injunctions against a new Department of Education rule implementing Title IX. The Court found the government had not provided sufficient basis to disturb lower courts' conclusions that provisions found likely to be unlawful were intertwined with other parts of the rule.

The Court held that an Administrative Procedure Act (APA) claim does not accrue for purposes of the 6-year statute of limitations in 28 U.S.C. §2401(a) until the plaintiff is injured by final agency action. This means Corner Post's challenge to a 2011 Federal Reserve Board regulation was timely, even though filed more than 6 years after the regulation was issued, because Corner Post did not exist...

The Court vacated the judgments of the Fifth and Eleventh Circuits and remanded the cases, ruling that NetChoice failed to prove that the Florida and Texas laws regulating social media platforms are facially unconstitutional. The Court held that the lower courts did not properly analyze the facial First Amendment challenges.

The Court held that enforcement of generally applicable laws regulating camping on public property does not constitute "cruel and unusual punishment" prohibited by the Eighth Amendment. The Court reversed the Ninth Circuit's ruling that had barred Grants Pass from enforcing its public camping ordinances against homeless individuals.