News & Analysis as of

Supreme Court of the United States Law Enforcement

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
DRI

From Protest to Arrest: Navigating First Amendment Retaliatory Arrest Claims

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Protest and political activism are deeply ingrained in American culture, boasting a storied history of citizens mobilizing to advocate for change and to challenge injustices. From the Boston Tea Party during the colonial era...more

Bricker Graydon LLP

Supreme Court Expands Available Government Strategies to Respond to Homelessness Crisis

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On June 28, 2024, the U.S. Supreme Court issued a decision in City of Grants Pass, Oregon v. Johnson finding municipal ordinances prohibiting camping on public property to be a constitutional exercise of local government...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Narrows Federal Bribery Statute That Applies to State and Local Officials

On June 26, 2024, the U.S. Supreme Court held 6-3 in Snyder v. United States that a federal statute, 18 U.S.C. § 666(a)(1)(B), does not criminalize “gratuities” to state and local officials—i.e., payments made to those...more

Epstein Becker & Green

Today’s Argument Was More Consequential Than Issued Opinions - SCOTUS Today

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The Supreme Court heard arguments yesterday morning in the case of Joseph Fischer, one of more than 300 people convicted of corruptly obstructing an official proceeding: the congressional certification on January 6, 2021, of...more

Robinson+Cole Data Privacy + Security Insider

California Law Prohibits Cooperation with Out-of-State Entities Regarding Lawful Abortion

In response to Dobbs v. Jackson Women’s Health Organization, California Governor Gavin Newsom recently signed AB 1242 into law, which “prohibits law enforcement and California corporations from cooperating with out-of-state...more

Bradley Arant Boult Cummings LLP

Dobbs, Workers' Comp. Brief Hint At Biden's Cannabis Stance

The overturning of Roe v. Wade, combined with a largely unknown workers' compensation case presented to the U.S. Supreme Court — for which certiorari was recently denied — reveal the Biden administration's position on...more

BakerHostetler

Office for Civil Rights Provides HIPAA Privacy Rule on Disclosures of Information Relating to Reproductive Healthcare

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On June 29, in response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health & Human Services Office for Civil Rights (HHS OCR) issued guidance on when entities...more

Dorsey & Whitney LLP

The Supreme Court - January 18, 2022

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Kevin George v. McDonough, No. 21-234: This case, involving an agency’s authority to interpret the statutes it regulates, presents the following question: When the Department of Veterans Affairs (VA) denies a veteran’s claim...more

Baker Donelson

A Victory for Qualified Immunity. A Trend to Continue?

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Events from recent years related to alleged police misconduct raised major questions surrounding the protections afforded by qualified immunity to police officers in excessive force claims. Two recent Supreme Court decisions...more

Rumberger | Kirk

United States Supreme Court Affirms Officers’ Entitlement to Qualified Immunity

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Law enforcement critics have launched concerted attacks on the doctrine of qualified immunity in an effort to mischaracterize the doctrine as allowing police officers to escape liability for clearly unconstitutional conduct. ...more

Womble Bond Dickinson

SCOTUS Ruling Narrows Computer Fraud Law

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Highlights - The ruling limits types of conduct that can be charged under the Computer Fraud and Abuse Act (CFAA). - The ruling provides much-needed guidance for federal prosecutors but makes it more difficult to...more

Akin Gump Strauss Hauer & Feld LLP

Landmark Supreme Court Decision on Federal Anti-Hacking Law

Key Points - The Supreme Court held that a former police officer did not violate the CFAA by “exceeding” his authorized access to a law enforcement database when he used the database to sell information because he was...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Outlines Bounds of the Computer Fraud and Abuse Act

In Van Buren v. United States, the Supreme Court’s first opportunity to mark the limits of the Computer Fraud and Abuse Act (CFAA), the Supreme Court significantly curtailed the act’s scope. In a decision on June 3, 2021,...more

Hinshaw & Culbertson - Employment Law...

Employers Should No Longer Rely on Their Policies Alone to Support a Computer Fraud and Abuse Act Claim Against Current or Former...

On June 3, 2021, the U.S. Supreme Court issued its opinion in Van Buren v. U.S. addressing a long-standing circuit split on employee computer access limits under the Computer Fraud and Abuse Act (CFAA). For many years the...more

Proskauer - New Media & Technology

Supreme Court Ends Long-Running Circuit Split over CFAA “Exceeds Authorized Access” Issue, Adopting a Narrow Interpretation That...

In a closely-watched appeal, the Supreme Court, in a 6-3 decision, reversed an Eleventh Circuit decision and adopted a narrow interpretation of “exceeds unauthorized access” under the Computer Fraud and Abuse Act (CFAA),...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Supreme Court Rules CFAA Does Not Criminalize Every Violation of a Computer-Use Policy

In Van Buren v. United States, the Supreme Court resolved a circuit split as to whether a provision of the Computer Fraud and Abuse Act (CFAA) applies only to those who obtain information to which their computer access does...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Prohibits Use of Federal “Anti-Hacking” Law Against Those Who Use Otherwise Authorized Access for Improper Purpose

In Van Buren v. United States, the Supreme Court faced the difficult task of determining whether the opaquely-written Computer Fraud and Abuse Act (“CFAA”) would apply to situations in which a person who was authorized to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Van Buren v. United States (2021)

Supreme Court Narrows Federal "Anti-Hacking" Law to Exclude Enforcement Against Those Who Use Otherwise Authorized Access for Improper Purpose - There is a well-worn legal maxim that "hard cases make bad law."  In deciding...more

Dorsey & Whitney LLP

The Supreme Court - June 3, 2021

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Van Buren v. United States, No. 19-783: Petitioner Nathan Van Buren, when he was a police sergeant, had access to search the state law enforcement computer data base, and was authorized by his department’s policy to do so...more

Snell & Wilmer

Supreme Court Narrows Scope of the Computer Fraud and Abuse Act

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In a highly anticipated ruling, on June 3, 2021, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act’s (“CFAA”) application in Van Buren v. United States. The CFAA prohibits computer hacking and...more

Rumberger | Kirk

Supreme Court Rejects Community Caretaking Doctrine to Authorize Warrantless Search of Home to Seize Firearms

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The 21st Century law enforcement officer serves a variety of public service functions, only some of which involve the enforcement of criminal laws. From some of those non-criminal public service roles, the courts have...more

Dorsey & Whitney LLP

The Supreme Court - May 17, 2021

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Today, the Supreme Court of the United States issued the following four decisions: BP p.l.c. v. Mayor and City Council of Baltimore, No. 19-1189: Congress has commanded that generally, an order remanding a case back to...more

Poyner Spruill LLP

Torres v. Madrid (New Excessive Force Opinion from SCOTUS)

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In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large. ...more

Dorsey & Whitney LLP

The Supreme Court - March 25, 2021

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Ford Motor Co. v. Montana Eighth Judicial Dist., No. 19-368; Ford Motor Co. v. Bandemer, No. 19-369: In two separate products liability actions, petitioner Ford Motor Company challenged the Montana and Minnesota State courts’...more

Proskauer - New Media & Technology

Supreme Court Hears Oral Argument in Its First CFAA Case

On November 30, 2020, the Supreme Court held oral argument in its first case interpreting the “unauthorized access” provision of the Computer Fraud and Abuse Act (CFAA). The CFAA in part prohibits knowingly accessing a...more

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