SCOTUScast

On November 9th, the Court heard argument in Ramirez v. Collier, a case which concerned Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbid the pastor from laying his hands on his parishioner. Joining today to discuss this decision in two parts is Jennifer Lichter, Deputy General Counsel of the Catholic University of America. Mrs. Lichter has served on the Domestic...

On December 1, 2021, the U.S. Supreme Court heard Dobbs v. Jackson Women's Health Organization, on the question of whether all pre-viability prohibitions on elective abortions are unconstitutional. This distinguished panel will review the oral arguments, explore the legal issues involved, and anticipate where the law might be headed. Featuring: - Prof. Daniel Farber, Sho Sato Professor of Law, Uni...

On November 3rd, the Court heard argument in New York State Rifle and Pistol Association v Bruen, a case which concerned whether New York's law requiring that applicants for unrestricted concealed-carry licenses demonstrate a special need for self-defense violates the Second Amendment. Examining oral argument today, we have Professor Adam Winkler, the Connell Professor of law at the UCLA School of...

On November 1, the U.S. Supreme Court heard oral arguments in Whole Woman's Health v. Jackson on whether a state can insulate from federal-court review a law that may prohibit the exercise of a constitutional right by delegating to the public the authority to enforce that prohibition; and in United States v. Texas on the authority of the federal government to bring suit and obtain injunctive or de...

On November 8th, the Court heard argument in Unicolors, Inc. V. H&M Hennes & Mauritz, L.P. Joining today to discuss this case is Professor Zvi Rosen of Southern Illinois University School of Law.

On November 30, the Court heard argument in American Hospital Association v. Becerra, a case which asked: "Whether deference under Chevron U.S.A. v. Natural Resources Defense Council permits the Department of Health and Human Services to set reimbursement rates based on acquisition cost and vary such rates by hospital group if it has not collected adequate hospital acquisition cost survey data; an...

On October 6th, the Court heard oral argument in United States v. Zubaydah, a case which concerned "whether the 9th circuit erred when it rejected the United States’ assertion of the state secrets privilege based on the court’s own assessment of potential harms to national security, and required discovery to proceed further under 28 U.S.C 1782(a) against former CIA contractors on matters concernin...

On October 12, 2021 the Court heard oral argument in Cameron v. EMW Women’s Surgical Center, a case which concerned whether a state attorney general vested with the power to defend state law should be permitted to intervene after a federal court of appeals invalidates a state statute when no other state actor will defend the law. Joining today to discuss this argument and its implications is...

We begin this October term with Wooden v. United States, argued October 4, 2021, a case which concerned the Armed Career Criminal Act. Nine justices convened, in person, to examine the issue of whether offenses that were committed as part of a single criminal spree, but sequentially in time, were “committed on occasions different from one another” for purposes of a sentencing enhancement. With me...

We conclude the October sitting with United States v. Tsarnaev, argued on October 13th, 2021, a case which concerned procedural elements of Dzhokar Tsarnaev's capital sentences pertaining to the 2013 Boston Marathon bombing. Joining today is Richard Broughton, Associate Dean for Academic Affairs and Professor of Law at Detroit Mercy.

On June 25th, 2021 the Supreme Court decided Yellen v. Confederated Tribes of Chehalis Reservation, a case which concerned whether Alaska native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act “Indian Tribes” for purposes of the CARES Act. Justice Sonia Sotomayor authored the 5-4 majority opinion of the Court, which held that ANCs are “Indian tribe...

On June 23rd, 2021 the Supreme Court decided Mahanoy Area School Dist. v. B. L., a case which concerned whether the First Amendment prohibits public school officials from regulating off-campus student speech. Justice Breyer authored the majority opinion in the 8-1 decision, holding that “while public schools may have a special interest in regulating some off-campus student speech, the special inte...

On June 23rd, 2021 the Supreme Court decided Cedar Point Nursery v. Hassid, a case which concerned whether a California regulation granting labor organizations a “right to take access” to an agricultural employer’s property to solicit support for unionization constitutes a per se physical taking under the Fifth Amendment. Chief Justice John Roberts authored the 6-3 majority opinion of the Court, h...

On June 23rd, 2021 the Supreme Court decided Collins v. Yellen, a case which concerned the constitutionality of the structure of the Federal Housing Finance Agency. Joining me today to discuss this decision is Jason Levine, Partner at Alston & Bird, and Jeffrey McCoy, Attorney at the Pacific Legal Foundation.

On June 23rd, 2021 the Supreme Court decided Lange v. California, a case which concerned whether the exigent circumstances exception to the 4th Amendment’s warrant requirement apply when police are pursuing a suspect whom they believe committed a misdemeanor. In a unanimous decision, the Court held for Lange that "pursuit of a fleeing misdemeanor suspect does not categorically qualify as an exigen...

On June 21st, 2021 the Supreme Court decided National Collegiate Athletic Association v. Alston, a case which concerned whether the NCAA’s prohibition on compensation for college athletes violated federal antitrust law. Writing for a unanimous Court, Justice Gorsuch affirmed the ruling of the lower court, holding that the NCAA’s rules restricting certain education-related benefits for student-athl...

On June 21st, 2021 the Supreme Court decided United States v. Arthrex, Inc, a case which concerned the constitutionality of the Patent Trial and Appeal Board’s authority to appoint Administrative Patent Judges. Writing for the 5-4 majority, Chief Justice Roberts concluded that the unreviewable authority wielded by APJs during inter partes review is incompatible with their appointment by the Secret...

On June 17th, 2021 the Supreme Court decided California v. Texas, a case which concerned whether Texas (along with over a dozen States and two individuals) had standing to challenge the individual mandate of the Affordable Care Act (ACA). Writing for the majority in the 7-2 decision, Justice Breyer noted that “plaintiffs do not have standing to challenge the minimum essential coverage provision be...

On June 17th, 2021 the Supreme Court unanimously decided Fulton v. City of Philadelphia for petitioners. The issue before the court was whether the government violates the First Amendment by conditioning a religious agency’s ability to participate in the foster care system on taking actions and making statements that directly contradict the agency’s religious beliefs. Chief Justice John Roberts au...

On June 17, 2021 the Supreme Court issued its 8-1 decision in Nestle USA, Inc. V. Doe et al and the consolidated case of Cargill, Inc. v. Doe I. In this case, the Court considered the question of whether an aiding and abetting claim against a domestic corporation brought under the Alien Tort Statute can overcome the exterritoriality bar where the claim based is on allegations of general corporate...

On June 3, 2021 the Supreme Court decided Van Buren v. United States. The issue was whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose. In a 6-3 opinion authored by Justice Barrett, the Court reversed the ruling of the Court of Appeals...

On June 14th, 2021, the Supreme Court decided Terry v. U.S. The issue before the Court was whether pre-August 3rd, 2010, crack offenders sentenced under 21 U.S.C 841(b)(1)(c) have a “covered offense” under Section 404 of the First Step Act. Justice Thomas delivered the opinion of the Court, in which Justices Roberts, Breyer, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett joined. We are joined today...

On May 24, 2021 the Supreme Court decided United States v. Palomar-Santiago. The issue was whether a defendant who was removed from the United States is automatically entitled to a defense of invalid removal where the crime underlying his removal is no longer a qualifying removal offense within his circuit. In a 9-0 opinion authored by Justice Sotomayor, the Court reversed the ruling of the Court...

On June 10th, 2021, the Supreme Court decided Borden v. United States. The issue before the Court was whether the “use of force” clause in the Armed Career Criminal Act encompasses crimes with an intent requirement of mere recklessness. Justice Elena Kagan authored the four-justice plurality opinion in which Breyer, Sotomayor, and Gorsuch joined, reversing the judgement of the Court of Appeals for...

On June 1, 2021 the Supreme Court decided United States v. Cooley. The issue was whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search the respondent, Joshua James Cooley, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law. In a 9...