SCOTUScast

On October 13, 2020, The Supreme Court heard oral arguments regarding United States v. Collins (consolidated with United States v. Briggs). The question before the court was whether the U.S. Court of Appeals for the Armed Forces erred in concluding – contrary to its own longstanding precedent – that the Uniform Code of Military Justice allows prosecution of a rape that occurred between...

The Supreme Court heard oral arguments for Google LLC v. Oracle America Inc. on October 7, 2020. Two questions were before the court: the first was whether copyright protection extends to a software interface; the second was whether, as a jury found, Google's use of a software interface in the context of creating a new computer program constitutes fair use. Google reused roughly 11,000 lines of &l...

On October 6, 2020, the Supreme Court heard oral arguments regarding Tanzin v. Tanvir, a case involving the Religious Freedom Restoration Act of 1993, commonly referred to as RFRA. The issue in this case is whether RFRA permits suits seeking money damages against individual federal employees. Stephanie Taub joins us to discuss this case’s oral arguments.

On October 5, 2020, the Supreme Court heard oral arguments regarding Carney v. Adams, a First Amendment case involving a longstanding Delaware state constitutional provision that limits judges affiliated with any one political party to no more than a “bare majority” on the state’s three highest courts. The leftover seats are reserved for the “other major party”, in ef...

On June 30, 2020 the Supreme Court released its decision in United States Patent and Trademark Office v. Booking.com B.V.. In an 8-1 decision, the Court upheld the ruling of the lower court, which found that “Booking.com” is not a generic term, and is thus eligible for trademark protection. Justice Ginsburg wrote the majority opinion for the Court, writing that a website styled “...

On July 6, 2020, the Supreme Court affirmed the power of the states to regulate the decisions of presidential electors in Chiafalo v. Washington and its companion case Colorado Department of State v. Baca. The Court held that States may fine--or even replace--electors who vote for a candidate other than the winner of the statewide popular vote. Joining us today to discuss this decision and its imp...

On July 6, 2020, the Supreme Court affirmed the power of the states to regulate the decisions of presidential electors in Chiafalo v. Washington and its companion case Colorado Department of State v. Baca. The Court held that States may fine--or even replace--electors who vote for a candidate other than the winner of the statewide popular vote. Joining us today to discuss this decision and its imp...

On June 25, in a 7-2 decision, the Supreme Court issued the opinion, penned by Justice Alito, in the case Department of Homeland Security v. Thuraissigiam. The court reversed and remanded the case to the courts below, holding that, As applied in this case, U. S. C. § 1252(e)(2)—which limits the habeas review obtainable by a noncitizen detained for expedited removal—does not violat...

On June 15, 2020, the Supreme Court released its decision in the case of United States Forest Service v. Cowpasture River Preservation Association. By a vote of 7-2, the judgment of the U.S. Court of Appeals for the Fourth Circuit was reversed, and the case remanded. Per Justice Thomas's opinion for the Court: "We granted certiorari in these consolidated cases to decide whether the United States F...

On July 9, the Supreme Court handed down its opinion in McGirt v. Oklahoma. Jimcy McGirt sought post-conviction relief of three major sexual assault convictions, arguing his crimes occurred in Indian Country and thus were subject to the Indian Major Crimes Act. If that law applies, Mr. McGirt’s crimes should have been prosecuted in federal, rather than state court. The Supreme Court ruled in...

On July 8, 2020 the Supreme Court decided Our Lady of Guadalupe v. Morrissey Berru. In a 7-2 ruling, the court held that that a “ministerial exemption” derived from the First Amendment prevents civil courts from adjudicating schoolteacher Morrisey-Berru’s age discrimination claim. Justice Alito, writing for the majority, held that the process of identifying religious ministers wi...

On July 8, 2020 the Supreme Court decided Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, upholding in a 7-2 ruling a federal rule exempting employers with religious or moral objections from providing contraceptive coverage to their employees under the Affordable Care Act. To discuss this case and its implications, we have Eric Kniffin, Partner at Lewis Roca Rothberger Chris...

On July 6, 2020, the U.S. Supreme Court released its decision in Barr v. American Association of Political Consultants Inc., a case involving a dispute over whether the government-debt exception to the Telephone Consumer Protection Act of 1991’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception fr...

On June 29, 2020 the Supreme Court released its decision in United States Agency for International Development v. Alliance for Open Society International. By a vote of 5-3, the judgment of the U.S. Court of Appeals for the Second Circuit is reversed. The justices held that the enforcement of a law requiring foreign affiliates of domestic groups receiving funds to fight HIV/AIDS to have a policy op...

On June 29, 2020, the Supreme Court issued its first major abortion decision on the merits since Justice Anthony Kennedy's retirement. The consolidated cases, June Medical Services v. Russo and Russo v. June Medical Services, involved the constitutionality of Louisiana's law requiring physicians who perform abortions to have admitting privileges at a local hospital, and whether abortion providers...

On June 30, the Supreme Court released its decision in the case of Espinoza v. Montana Dep't of Revenue. By a vote of 5-4, the judgment of the Supreme Court of Montana was reversed and the case remanded. Chief Justice Roberts' majority opinion was joined by Justices Thomas, Alito, Gorsuch, and Kavanaugh. Justice Thomas filed a concurring opinion joined by Justice Gorsuch. Justices Alito and Gorsuc...

On June 29, 2020, the Supreme Court decided Seila Law, LLC v. Consumer Financial Protection Bureau, a case that raises separation of power questions regarding the Consumer Financial Protection Bureau (CFPB). Specifically the Court ruled on whether Congress’s law that created the CFPB can stipulate that the President could not remove the Bureau’s director “at will”. Seila La...

On June 18, 2020, the Supreme Court released its decision in the case of Department of Homeland Security v. Regents of the University of California. By a vote of 5-4, the judgment of the U.S. Court of Appeals for the Ninth Circuit (DHS v. Regents) was vacated in part and reversed in part, the judgment of the D.C. Circuit (Trump v. NAACP) was affirmed, and various orders of the Second Circuit (Wolf...

On June 15, by a vote of 6-3 the Supreme Court released its decision in Bostock v. Clayton County (combined with Altitude Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes Inc.), the Supreme Court affirmed that the judgment of the U.S. Court of Appeals for the Eleventh Circuit was reversed, and the case remanded (and the judgments of the Second Circuit in Altitude Express and the Sixth Circui...

On May 14, 2020, in an opinion by Justice Sotomayor the Supreme Court, in a vote of 9-0, reversed and remanded the case Lucky Brand Dungarees v. Marcel Fashions Group holding: Because the trademark action at issue challenged different conduct—and raised different claims—from an earlier action between the parties, Marcel cannot preclude Lucky Brand from raising new defenses, including a...

On June 1, 2020, the U.S. Supreme Court issued its decision, in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC. By a vote of 9-0, the Supreme Court reversed and remanded the judgment of the 11th Circuit. Justice Thomas, writing for the Court, held that “The Convention on the Recognition and Enforcement of Foreign Arbitral Awards does not conflict with domestic equitable...

On May 13, 2020, the Supreme Court heard arguments in a pair of cases concerning the Electoral College. In Colorado Department of State v. Baca, the Court will consider the claim of a presidential elector in Colorado who attempted to vote for someone other than Hillary Clinton, despite the fact that Hillary Clinton won Colorado's popular vote, and was replaced by another elector. In Chiafalo v. Wa...

On Dec. 10, 2019, the U.S. Supreme Court heard argument in Holguin-Hernandez v. United States, a case involving a dispute over whether making a formal objection after pronouncement of the defendant’s sentence is necessary to invoke appellate review of the reasonableness of the sentence’s length. In 2016, Petitioner Gonzalo Holguin-Hernandez pled guilty in federal district court to poss...

On May 11, 2020, the U.S. Supreme Court heard argument in McGirt v. Oklahoma, which involves a dispute over whether the prosecution of an enrolled member of the Creek Tribe for crimes committed within the historical Creek boundaries is subject to exclusive federal jurisdiction. Petitioner Jimcy McGirt was found guilty of one count of first degree rape by instrumentation, one count of lewd molestat...

On May 6, 2020, the U.S. Supreme Court heard argument in the consolidated cases of Trump v. Pennsylvania and Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, which involve a dispute over:(1) Whether the Departments of Health and Human Services, Labor and the Treasury had statutory authority under the Patient Protection and Affordable Care Act and the Religious Freedom Restora...