Supreme Court Opinions

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Lora v United States.  In this case, the court considered this issue: Does federal criminal sentencing law require a man who was convicted and sentenced for his role in a drug-trafficking-related murder to serve consecutive, rather than concurrent, sentences? The case was decided on June 16, 2023. The Supreme Co...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin. In this case, the court considered this issue: Does the Bankruptcy Code unequivocally abrogate tribal sovereign immunity? The case was decided on June 15, 2023.  The Supreme Court held that The Bankruptcy Code unequivocally abrogates the sovereig...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Smith v United States. In this case, the court considered this issue: Does a criminal trial’s improper venue as to one count require vacatur of the convictions for other counts? The case was decided on June 15, 2023. The Supreme Court held that the Constitution permits the retrial of a defendant following a tria...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Haaland v Brackeen. In this case, the court considered this issue: Do the Indian Child Welfare Act’s restrictions on placement of Native American children violate anti-commandeering principles of the Tenth Amendment? The case was decided on June 15, 2023. The Supreme Court held that the Indian Child Welfare Act...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Health and Hospital Corp. of Marion County v Talevski. In this case, the court considered this issue: May a plaintiff file a federal civil rights claim for violation of the Federal Nursing Home Reform Act, which was enacted under Congress’s Spending Clause power? The case was decided on June 8, 2023. The Supreme...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Jack Daniel's™ Properties, Inc. v VIP Products LLC. In this case, the court considered this issue: Is humorous use of another’s trademark as one’s own on a commercial product subject to the Lanham Act’s likelihood-of-confusion analysis, or instead entitled to heightened First Amendment protection? The case w...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Dubin v United States. In this case, the court considered this issue: Does a person commit aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense? The case was decided on June 8, 2023. The Supreme Court held that A person commits “aggravated i...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Allen v Milligan. In this case, the court considered this issue: Does Alabama’s 2021 redistricting plan for its seven U-S House seats violate Section 2 of the Voting Rights Act? The case was decided on June 8, 2023. The Supreme Court held that The district court correctly applied binding Supreme Court precedent...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Slack Technologies, LLC v Pirani In this case, the court considered this issue: Do Sections 11 and 12(a)(2) of the Securities Act of 1933 require plaintiffs to plead and prove that they bought shares registered under the registration statement they claim is misleading? The case was decided on Jun 1, 2023. The Su...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Glacier Northwest, Inc. v International Brotherhood of Teamsters. In this case, the court considered this issue: Does the National Labor Relations Act preempt a state-court lawsuit against a union for intentionally destroying an employer’s property during a labor dispute? The case was decided on June 1, 2023. Th...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in United States ex rel. Schutte v Supervalu Inc. In this case, the court considered this issue: Is a defendant’s contemporaneous subjective understanding about the lawfulness of its conduct relevant to whether it “knowingly” violated the False Claims Act? The case was decided on Jun 1, 2023 The Supreme Court held...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Tyler v Hennepin County. In this case, the court considered these issues: First, does taking and selling a home to satisfy a debt to the government, and keeping the surplus value as a windfall, violate the Fifth Amendment’s Takings Clause? Second, is the forfeiture of property worth far more than needed to satis...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Dupree v Younger. In this case, the court considered this issue: To preserve the issue for appellate review, must a party reassert in a post-trial motion a purely legal issue rejected at summary judgment? The case was decided on May 25, 2023. The Supreme Court held that a post-trial motion under Federal Rule of...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Sackett v Environmental Protection Agency. In this case, the court considered this issue: What is the proper test for determining whether wetlands are “waters of the United States” under the Clean Water Act?  The case was decided on May 25, 2023. The Supreme Court held that The Clean Water Act extends only to we...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion inCalcutt v Federal Deposit Insurance Corporation.  In this case, the court considered this issue: When an agency commits legal errors may the reviewing court apply the correct legal rules to the record in the first instance? The case was decided on May 22, 2023. In a per curiam (unsigned) opinion, the Court held t...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Amgen Inc. v Sanofi. In this case, the court considered this issue: Do Amgen’s two patents satisfy the Patent Act’s enablement clause—that is, describing the invention with sufficient particularity that would enable a “skilled artisan” to “make and use” the claimed invention? The case was decided on May 18, 2023...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Andy Warhol Foundation for Visual Arts, Inc. v Goldsmith. In this case, the court considered this issue: What is the proper test for whether a work is “transformative” under the first factor of the Copyright Act’s fair use doctrine? The case was decided on May 18, 2023. The Supreme Court held that he “purpose an...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Ohio Adjutant General's Department v Federal Labor Relations Authority. In this case, the court considered this issue: Does the Civil Service Reform Act of 1978 empower the Federal Labor Relations Authority to regulate the labor practices of state militias? The case was decided on May 18, 2023.  The Supreme...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Polselli v Internal Revenue Service. In this case, the court considered this issue: Does the exception in I-R-C § 7609(c)(2)(D)(1) to the notice requirements for an Internal Revenue Service summons on third-party recordkeepers apply to a summons for anyone’s records whenever the IRS thinks that person’s records...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Twitter, Inc. v Taamneh. In this case, the court considered these issues: First, Does an internet platform “knowingly” provide substantial assistance under 18 U-S-C § 2333 merely because it allegedly could have taken more “meaningful” or “aggressive” action to prevent such use? Second, may an internet platform w...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in  Santos-Zacaria v Garland. In this case, the court considered this issue: Does 8 U-S-C § 1252(d)(1) bar a court of appeals from reviewing an immigrant’s claim that the Board of Immigration Appeals had engaged in impermissible factfinding because the immigrant had not exhausted that claim through a motion to reco...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Financial Oversight and Management Board for Puerto Rico v Centro De Periodismo Investigativo, Inc. In this case, the court considered this issue: Does the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)’s general grant of jurisdiction to the federal courts over claims against the Financi...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Percoco v United States. In this case, the court considered this issue: Can a private citizen who has informal political or other influence over governmental decisionmaking owe a fiduciary duty to the general public such that he can be convicted of honest-services fraud? The case was decided on May 11, 2023. The...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in Ciminelli v United States. In this case, the court considered this issue: Does the Second Circuit’s “right to control” theory of fraud state a valid basis for liability under the federal wire fraud statute? The case was decided on May 11, 2023. The Supreme Court held that The Second Circuit’s right-to-control th...

Welcome to Supreme Court Opinions. In this episode, you’ll hear the Court’s opinion in National Pork Producers Council v Ross In this case, the court considered this issue: Does a California law that prohibits the in-state sale of pork from animals confined in a manner inconsistent with California standards violate the “dormant” component of the Constitution’s Commerce Clause? The case was decided...