SCOTUScast

On February 28, 2018, the Supreme Court heard argument in Minnesota Voters Alliance v. Mansky, a case involving a Minnesota statute that broadly bans all political apparel at the polling place. Minnesota Statute § 211B.11 prohibits voters from wearing a “political badge, political button, or other political insignia… at or about the polling place on primary or election day.&rdquo...

On March 19, 2018, the Supreme Court heard argument in Sveen v. Melin, a case involving the relationship between Minnesota’s revocation-upon-divorce statute and the U.S. Constitution’s “Contracts clause,” which declares that no state may pass a law “impairing the Obligation of Contracts.” In 2002, Minnesota amended its probate code to incorporate life insurance...

On February 27, 2018, the Supreme Court heard argument in Lozman v. City of Riviera Beach, Florida, a case involving a First Amendment retaliatory arrest claim. Fane Lozman moved to Riviera Beach, Florida in 2006, where he lived on a floating home in the Riviera Beach Marina. Shorty after moving to Riviera Beach, Lozman learned of the City’s new redevelopment plan for the Marina, which, by u...

On February 21, 2018, the Supreme Court decided Digital Realty Trust v. Somers. Among other things, the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) endeavors to protect “whistleblowers,” who are defined as persons who provide “information relating to a violation of the securities to the [U.S. Securities and Exchange] Commission.” Emp...

On January 10, 2018, the Supreme Court heard argument in Husted v. A. Philip Randolph Institute, a case involving a dispute over the process for removing inactive voters from voter registration lists in the State of Ohio. The National Voters Regulation Act of 1993 (NVRA) and the Help America Vote Act of 2002 (HAVA) require that States maintain their lists of registered voters in such a way as to e...

On January 17, 2018, the Supreme Court heard oral argument in Encino Motorcars v. Navarro, a case on its second trip to the high court regarding a dispute over the application of the Fair Labor Standard Act’s overtime-pay requirements for service advisors at car dealerships. Congress enacted the Fair Labor Standards Act (FLSA) in 1938 to “protect all covered workers from substandard wa...

On November 28, 2017, the Supreme Court heard argument in Cyan, Inc. v. Beaver County Employees Retirement Fund, a case involving a dispute over the concurrent jurisdiction of federal and state courts regarding class-action lawsuits that allege securities law violations. In 1995, Congress enacted the Private Securities and Litigation Reform Act (PSLRA) to address various abuses then taking place w...

On November 6, 2017, the Supreme Court issued per curiam decisions in Kernan v. Cuero and Dunn v. Madison, both cases involving habeas petitions filed by state prisoners. In this episode, we will be discussing both decisions. Up first is Kernan v. Cuero. Michael Cuero pled guilty to two felony charges, on the understanding that the maximum prison time he faced was 14 years and 4 months. In the cou...

On November 7, 2017, the Supreme Court heard argument in Ayestas v. Davis, a case involving the extent to which 18 U.S.C. § 3599, which allows indigent defendants to obtain “reasonably necessary” investigative services in connection with issues relating to guilt or sentencing, applies in the context of procedurally defaulted habeas claims. Manuel Ayestas was sentenced to death for...

On November 7, 2017, the Supreme Court heard argument in Patchak v. Zinke, a case involving separation of powers concerns that may arise when Congress passes a statute directing federal courts to “promptly dismiss” a pending lawsuit without amending any underlying substantive or procedural laws. In 2012, the Supreme Court held in the case Match-E-Be-Nash-She-Wish Band of Pottawatomi In...

On November 1, 2017, the Supreme Court heard argument in Artis v. District of Columbia, a case involving a dispute over the meaning of tolling as the term is used in the federal supplemental jurisdiction statute, 28 U.S.C. § 1367(d). In April 2009, Stephanie Artis, a temporary employee for DC’s Department of Health (DOH), filed a claim with the U.S. Equal Employment Opportunity Commissi...

On October 30, 2017, the Supreme Court heard argument in Wilson v. Sellers, a case regarding the standard of review federal courts should apply to a final state court denial of habeas relief. In 1996, Marion Wilson, Jr. was sentenced to death after being found guilty of a series of violent crimes culminating in the murder of Donovan Parks. At sentencing Wilson’s counsel argued that Wilson wa...

On October 11, 2017, the Supreme Court heard argument in Jesner v. Arab Bank, PLC, a case regarding the validity of suits against corporate entities under the Alien Tort Statute. Between 2004 and 2010, survivors of several terrorist attacks in the Middle East (or family members or estate representatives of the victims) filed lawsuits in federal district court in New York against Arab Bank, PLC, an...

On October 11, 2017, the Supreme Court heard argument in National Association of Manufacturers v. Department of Defense, a case regarding the proper jurisdiction of federal circuit courts of appeals with respect to rules issued under the Clean Water Act. In 2015, the U.S. Army Corps of Engineers and U.S. Environmental Agency (the “Agencies”) issued a final rule intended to clarify the...

On October 3, 2017, the Supreme Court heard argument in Gill v. Whitford, a case involving claims of partisan gerrymandering. In Wisconsin’s 2010 elections, Republicans won the governorship and acquired control of the state senate. In 2011, the Wisconsin legislature adopted a redistricting plan, Act 43, for state legislative districts. With Act 43 in effect Republicans expanded their legisla...

On October 3, 2017, the Supreme Court heard reargument in Jennings v. Rodriguez, a class-action lawsuit by aliens challenging their continued detention under civil immigration statutes without the benefit of an individualized bond hearing or determination that otherwise justified their continued detention. After several rounds of litigation in U.S. district court and the U.S. Court of Appeals for...

On March 22, 2017, the Supreme Court decided Endrew F. v. Douglas County School District, a dispute involving the Individuals with Disabilities Education Act (IDEA), which in exchange for federal funding requires that states provide a “free appropriate public education” (FAPE) to disabled children by means of a tailored “individualized education program” (IEP). In its 1982...

On March 28, 2017, the Supreme Court decided Moore v. Texas, a habeas corpus dispute regarding the scope of the Supreme Court’s 2002 decision in Atkins v. Virginia that the execution of a mentally disabled person would violate the Eighth Amendment’s proscription on “cruel and unusual punishments.” Bobby James Moore was convicted of capital murder and sentenced to death for...

On April 18, 2017, the Supreme Court decided Coventry Health Care of Missouri, Inc., v. Nevils. Under the Federal Employees Health Benefits Act of 1959 (FEHBA), the Office of Personnel Management (OPM) may contract with private carriers to provide federal employees health insurance. FEHBA expressly provides, however, that the terms of any such contract relating to “the nature, provision, or...

On February 22, 2017, the Supreme Court decided Fry v. Napoleon Community Schools, a dispute involving the Individuals with Disabilities Education Act (IDEA), which in exchange for federal funding requires that states provide a “free appropriate public education” to children with certain disabilities. E.F., a child who has a severe form of cerebral palsy, was assisted in various daily activities b...

On January 9, 2017, the Supreme Court decided White v. Pauly, a petition involving a denial of qualified immunity to law enforcement officers in a civil rights dispute. In October 2011, officers Kevin Truesdale and Michael Mariscal went to the home of Daniel and Samuel Pauly to investigate a complaint made by several drivers that Daniel had been driving erratically that evening. The officers enter...

In June, the Supreme Court issued per curiam opinions in two habeas cases: Jenkins v. Hutton and Virginia v. LeBlanc. In today’s episode, we will be discussing the opinions in both cases. -- Jenkins v. Hutton -- More than thirty years ago, an Ohio jury convicted Percy Hutton of aggravated murder, attempted murder, and kidnaping. The jury findings included aggravating circumstances that permitted i...

On April 3, 2017, the Supreme Court decided McLane Co., Inc. v. Equal Employment Opportunity Commission. In 2008, Damiana Ochoa filed a sex discrimination charge under Title VII of the Civil Rights Act of 1964 against her former employer McLane Co., Inc., a supply-chain services company, when she failed a physical evaluation three times after returning from maternity leave. The Equal Employment Op...

In June 2017, the Supreme Court decided two cases involving habeas corpus petitions filed by state prisoners challenging the validity of their convictions and/or sentences: Davila v. Davis and McWilliams v. Dunn. -- The petition in Davila v. Davis involved a claim of ineffective assistance of counsel. Erick Davila was convicted in a Texas court of capital murder. Although his trial attorney had ob...

On June 5, 2017, the Supreme Court decided Kokesh v. Securities and Exchange Commission. In 2009, the Securities and Exchange Commission (SEC) alleged that Charles Kokesh had violated various securities laws by concealing the misappropriation of roughly $35 million in various development ventures dating back as far as 1995. Since the 1970s, the SEC has ordered disgorgement in addition to monetary...