Supreme Court Decision Syllabus (SCOTUS Podcast)

Send us Fan Mail In  U.S. ex rel. Polansky v. Executive Health Resources , the Supreme Court reviewed whether, in a  qui tam  False Claims Act action, the government can move to dismiss the case after not intervening during the so-called "seal" period. Writing for the 8-1 majority, Justice Kagan writes that the government may move to dismiss the False Claims Act action at anytime - so lo...

Send us Fan Mail In  Lora v. United States , the Supreme Court reviewed whether the Section 924(c) prohibition on concurrent sentences applies to sentences arising out of different subsections. Justice Jackson, writing for a unanimous Court, writes that it does not, that crimes from other sections are not subject to the ban on concurrent sentences. Guest Host Jeff Barnum.  Support the show

Send us Fan Mail In  Smith v. United States , the Supreme Court reviewed whether the principle of double-jeopardy prevents a person from being retried after a trial took place in the incorrect venue and the jury was selected from the incorrect district. In a unanimous decisions, Justice Alito writes that the defendant is entitled to set aside the jury's conviction, but that a new trial in a p...

Send us Fan Mail In  Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin , the Supreme Court whether Congress abrogated tribal sovereignty in the Bankruptcy Code. Writing for the majority, Justice Kagan rules that Congress unequivocally abrogated tribal sovereign immunity in the Bankruptcy Code. Kagan reasons that "foreign or domestic" governments is a term such as "h...

Send us Fan Mail In  Haaland v. Brackken , the Supreme Court reviewed whether provisions of the Indian Child Welfare Act are constitutional under several portions of the Constitution. Writing for the majority, Justice Barrett writes that the Act, which (in part) prioritizes placing Indian children with Indian (rather than non-Indian families), is within the purview of Congress. Read by Founder RJ...

Send us Fan Mail In Jack Daniel's Properties, Inc. v. VIP Products LLC, the Supreme Court examines the intersection of trademark law and First Amendment rights. The dispute centers around VIP's creation of a dog toy resembling a bottle of Jack Daniel's whiskey, with humorous modifications. Jack Daniel's argues that the toy infringes and dilutes their trademarks, while VIP claim...

Send us Fan Mail In Health and Hospital Corporation of Marion Cty. v. Talevski , the Supreme Court reviewed  whether the Federal Nursing Home Reform Act (FBHRA) provides a right of action under Section 1983 against a privately owned nursing home that received Medicaid funds. Hosted by Jake Leahy.  Support the show

Send us Fan Mail In Allen v. Milligan , the Supreme Court reviewed whether Alabama’s Congressional maps violated Section 2 of the Voting Rights Act. A three-judge district court panel found that the plaintiffs demonstrated a sufficient likelihood on success on the merits against Alabama. Chief Justice Roberts, writing for the majority, affirmed. Read by Host, Jake Leahy.  Support the show

Send us Fan Mail In Dubin v. United States , the Supreme Court reviewed whether a person who commits Medicaid fraud through fraudulent billing can also be convicted for statutory aggravated identity theft. The Court ruled for Dubin, holding that the aggravated identity theft charge can only be applied when the identity theft was at the crux of the crime, not if the fraud happened to involve person...

Send us Fan Mail In Glacier Northwest v. Teamsters, the Supreme Court reviewed whether the National Labor Relations Act preempts Glacier's state tort law claims that allege the Teamsters intentionally destroyed the company's concrete trucks when the truckers did not complete their deliveries in transit.  The Court held that these claims were not preempted by federal law, reasoning that i...

Send us Fan Mail Supreme Court's decision is here.  The False Claims Act allows for private citizens to bring a cause of action on behalf of the United Sates, against a person who "knowingly" submits a "false claim" to a federal program. The defendant can meet the knowledge requirement by, 1.) actual knowledge that the reported prices were not "usual and customary,&qu...

Send us Fan Mail In Slack Technologies v. Pirani  the Court held that Section 11 of the Securities Act of 1933 requires the plaintiff to prove that they purchased securities that were registered under a materially misleading registration statement. The Court rejected the argument that the term "such security" could include securities that were not registered under an allegedly misleading...

Send us Fan Mail In Dupree v. Younger , the Supreme Court addressed whether a post-trial motion of a purely legal issue that was resolved at summary judgment, requires a post-trial motion to be preserved on appeal. Kevin Younger sued Neil Dupree, who was a correctional officer under Section 1983. Dupree moved for summary judgment alleging that Younger had failed to exhaust administrative remedies....

Send us Fan Mail In Sackett v. Environmental Protection Agency , the Supreme Court examines the scope the terms "waters" under the Clean Water Act. The EPA ordered the Sackets, who purchased property in Idaho, to restore the property after the family had backfilled it with dirt. The EPA claimed that putting dirt on their property violated the Clean Water Act, and threatened the family wi...

Send us Fan Mail In Tyler v. Hennepin County , Chief Justice Roberts writes for the majority, reversing the Eighth Circuit. The District Court and Circuit Court had rejected a taxpayer's claim that Hennepin County keeping the $25,000 surplus after a tax sale violated both the Takings Clause under the Fifth Amendment and the prohibition on excessive fines under the Eighth Amendment. The Court...

Send us Fan Mail The Supreme Court reversed the Sixth Circuit Court of Appeals, reasoning that the Court of Appeals must reverse the administrative agency if it reaches the same outcome for a different reason. Once an administrative agency has made an error of law, the decision must be remanded back to the administrative agency. Per Curiam. Read by Jake Leahy. Support the show

Send us Fan Mail In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al., the Supreme Court ruled that the commercial licensing of a derivative artwork by Andy Warhol, based on a copyrighted photograph taken by Lynn Goldsmith, did not qualify as fair use. The case involved the licensing of Warhol's "Orange Prince" image. This well-known image includes a silkscreen po...

Send us Fan Mail In Ohio Adjutant General's Department v. FLRA, the Supreme Court ruled that the Federal Service Labor-Management Relations Statute (FSLMRS) grants jurisdiction to the Federal Labor Relations Authority (FLRA) over labor disputes involving state National Guards when they hire and supervise dual-status technicians in their civilian roles. These technicians are both employed by t...

Send us Fan Mail On the same day, the Court released its decision in Twitter v. Taamneh . The Court largely disposed of the claims in  Twitter , stating that Taamneh had failed to state a claim under the federal statute. Here, the Court in its per curiam opinion, writes that it need not consider the veracity of the Section 230 claims because  Twitter' s reasoning requires disposal of the clai...

Send us Fan Mail The patent requires certain particularity, such that any person skilled in the craft would be able to manufacture, make, construct, or use the invention. The Court held that Amgen's patent failed to provide the detail required to protect its interest, in part, because the patent applies to a wide range of antibodies and requires a certain level of trial/error for a skilled pe...

Send us Fan Mail Taamneah brought suit against social media companies, alleging that the companies were "aiding and abetting" ISIS by providing a platform and recommendations to the companies. HELD: The social media companies did not knowingly aid and abet ISIS, and therefore, no claim can be brought under the Anti-Terrorism Act.  Support the show

Send us Fan Mail Chief Justice Roberts writes for the majority in this case: "As an old joke goes: 'I believe we should all pay taxes with a smile. I tried but they wanted cash.'" The IRS is authorized by statute to issue a summons to third parties to aid in the "collection" of an assessment against a taxpayer. There are certain notice requirements and exceptions to t...

Send us Fan Mail "The question presented is whether the statute categorically abrogates (legalspeak for eliminates) any sovereign immunity the board enjoys from legal claims. We hold it does not. Under long-settled law, Congress must use unmistakable language to abrogate sovereign immunity. Nothing in the statute creating the board meets that high bar." (First paragraph of Justice Kagan&...

Send us Fan Mail In National Pork Producers v. Ross, the Supreme Court reviewed whether California's Proposition 12 regulatory requirements relating to conditions for in-state pork sales unconstitutionally interfered with out-of-state businesses in violation of the dormant commerce clause.  From Justice Gorsuch's majority opinion: "Assuredly, under this Court’s dormant Commerce Clau...

Send us Fan Mail In Ciminelli v. United States, the Supreme Court ruled that the Second Circuit's right-to-control theory of wire fraud cannot be used as the basis for a conviction under federal fraud statutes. Louis Ciminelli was convicted of federal wire fraud for his involvement in a scheme to rig the bid process for state-funded development projects under Governor Andrew Cuomo. The Govern...