SCOTUS

2020 – The Perfect Storm for a Constitutional Crisis, Trump v. Biden, 592 U.S. __ (2020), What will the Supreme Court Decide?

October 28, 2020

Mix a pandemic with the magnitude of this election and you just might just get a Bush v. Gore Part II. Only this time, with the abject degree of political polarization, if the Supreme Court is called upon to decide the winner, would the legitimacy of the election be accepted? [...]

The Insanity Defense: From Fundamental Legal Principle to Legal Fiction

October 7, 2020

In Kahler, the Court did not merely uphold Kansas' interpretation of a vital protection; it allowed Kansas to, in effect, eviscerate the protection entirely. [...]

Supreme Court Ruling in Espinoza Has the Potential to Change School Choices for Students in Many States

October 3, 2020

The Supreme Court has had another opportunity to address the tension between the religion clauses: the Establishment Clause, which prohibits the government from establishing a religion, and the Free Exercise Clause, which requires the government to accommodate individuals to freely follow their religious beliefs or practices. Recently, the tension has surfaced most often concerning education funding and school choice programs. In January, the United States Supreme Court heard oral arguments [...]

How much is too much? Deference and the application of foreign laws in U.S. courts

April 20, 2018

The Supreme Court of the United States has granted certiorari on a case that could have international implications regarding conflicts of law between the U.S. and foreign nations. [...]

The boundaries of boundless cell phone searches at the border

March 21, 2018

Are national security and public health concerns actually served by warrantless searches of cell phones at the border? [...]

Preservation and protection for our pond friends?

February 2, 2018

The Supreme Court has granted certiorari in a case involving an endangered species of frog to determine whether the designation of privately-owned land as “critical habitat” is authorized under the Endangered Species Act. [...]

Decidedly undecided: the Supreme Court’s silence in the shadows of Obergefell

February 1, 2018

In the confusing wake of the Supreme Court's controversial Obergefell decision, the Court refused to hear a challenge to a Mississippi act enabling certain persons and businesses to refuse to provide services to LGBTQ people based on religious beliefs. [...]

I can’t remember killing him: Vernon Madison’s story

November 14, 2017

The United States Supreme Court has all but sealed the fate of an Alabama death row inmate who has been imprisoned for the past 30 years. [...]

A “vehicle” for ending circuit splits

October 19, 2017

The Supreme Court granted certiorari in two cases to settle a split of authority concerning the warrantless search of automobiles. [...]

Equal rights to wedding cake?

September 22, 2017

The Supreme Court granted certiorari to determine whether the First Amendment protects a baker’s decision to refuse to bake a wedding cake for a gay couple. [...]

Trademarking in the Offensive?

August 7, 2017

A recent landmark United States Supreme Court decision involving trademark law has brought a stream of curious applications, raising national concerns. [...]

Analyzing President Trump’s revised travel ban

July 11, 2017

President Trump’s revised executive order, which bans entry of foreign nationals from six Muslim majority countries with alleged heightened terrorism risks, is set to be heard by the Supreme Court in October. [...]

Settling the denominator debate: SCOTUS creates objective test for regulatory takings

July 7, 2017

In its recent ruling in Murr v. Wisconsin, the Supreme Court created an objective factor-based test to determine the proper structure for takings claims analyses. [...]

First amendment right to facebook?—SCOTUS says yes

July 3, 2017

The Supreme Court of the United States recently ruled unconstitutional an NC law that made it a felony for registered sex offenders to access social networks websites. [...]

Back to the drawing board

May 29, 2017

Racially-motivated redistricting in North Carolina ruled unconstitutional by the Supreme Court of the United States. [...]

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