Brackeen v. Haaland, No. 21-380: The Supreme Court granted review in this case (and three other consolidated cases), all of which involve the constitutionality of several provisions of the Indian Child Welfare Act (ICWA)....more
National Federation of Independent Businesses v. Department of Labor, Nos. 21-244, 21-247: Numerous challenges were brought against the emergency rule issued on November 5, 2021, by the Occupational Safety and Health...more
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Facilities ,
Interim Final Rules (IFR) ,
Medicaid ,
Medicare ,
Military Service Members ,
National Federation of Independent Business v Department of Labor and OSHA ,
National Guard ,
Non-Delegation Doctrine ,
OSHA ,
Retirement Plan ,
SCOTUS ,
Temporary Regulations ,
Vaccinations
Alfred Siegel v. John Fitzgerald, III, No. 21-441: This case, involving the Bankruptcy Judgeship Act of 2017 (“BJA”) applicable to Chapter 11 bankruptcies, presents the following question: Whether the BJA violates the...more
1/11/2022
/ Bankruptcy Trustees ,
Commercial Bankruptcy ,
Constitutional Challenges ,
Exclusive Jurisdiction ,
Federal Rules of Civil Procedure ,
Fees ,
Final Judgment ,
Public Employees ,
SCOTUS ,
Trustees ,
Uniformity Clause ,
Workers’ Compensation
Whole Woman's Health v. Jackson, Judge, No. 21-463: The Court granted review on the sole question presented by the petitioner in its challenge to Texas’ 6-week abortion ban...more
Today, the Supreme Court of the United States issued the following two per curiam decisions:
Pakdel v. City and County of San Francisco, No. 20-1212: Petitioners are partial owners of a multiunit residential building in...more
6/29/2021
/ Board of Immigration Appeals ,
Certiorari ,
Constitutional Challenges ,
Excessive Force ,
Judicial Review ,
Petition for Writ of Certiorari ,
Regulatory Takings ,
Remand ,
Residential Leases ,
SCOTUS ,
Vacated
Collins v. Yellen, No. 19-422: The Housing and Economic Recovery Act of 2008 (“Recovery Act”), 12 U.S.C. §4501 et seq., was passed in response to concerns that Fannie Mae’s and Freddie Mac’s financial condition as a result of...more
6/24/2021
/ Agricultural Sector ,
Agricultural Workers ,
American Recovery and Reinvestment Act ,
Constitutional Challenges ,
Easements ,
Fannie Mae ,
FHFA ,
First Amendment ,
Freddie Mac ,
Motion To Suppress ,
Public Access Laws ,
Public Schools ,
Remand ,
SCOTUS ,
Separation of Powers ,
Social Networks ,
Takings Clause ,
Union Representatives ,
Unions ,
Vacated ,
Warrantless Searches
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
5/18/2021
/ Appeals ,
Certiorari ,
Civil Rights Act ,
Constitutional Challenges ,
Criminal Convictions ,
Criminal Procedure ,
Firearms ,
Income Taxes ,
IRS ,
Jury Verdicts ,
Law Enforcement ,
Officer Removal ,
Petition for Writ of Certiorari ,
Post Conviction Relief Act ,
Remand ,
SCOTUS ,
Search Warrant
United States v. Arthrex, Inc., No. 19-1434; Smith & Nephew, Inc. v. Arthrex, Inc., No. 19-1452; Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1458: 1) Whether, for purposes of the Appointments Clause, U.S. Const. Art. II, §...more
The Supreme Court of the United States issued the following decisions:
Trump v. Mazars USA, LLP, No. 19-715; Trump v. Deutsche Bank AG, No. 19-760: In April 2019, three United States House of Representatives’ committees...more
7/13/2020
/ Appeals ,
Congressional Committees ,
Congressional Subpoenas ,
Conservators ,
Constitutional Challenges ,
Donald Trump ,
Executive Branch ,
Facebook ,
Fannie Mae ,
FHFA ,
Foreign Interference in US Elections ,
Freddie Mac ,
Income Taxes ,
Major Crimes Act ,
Money Laundering ,
Native American Issues ,
Remand ,
SCOTUS ,
Separation of Powers ,
Tax Returns ,
TCPA ,
Terrorism Funding ,
Trump v Deutsche Bank AG ,
Trump v Mazars USA LLP ,
Trump v Vance ,
Vacated ,
Valid Legislative Purpose
Today, the Supreme Court of the United States issued the following three opinions:
Thryv, Inc. v. Click-To-Call Technologies, LP, No. 18-916: Patent challengers are able to ask the U.S. Patent and Trademark Office (“PTO”)...more
4/21/2020
/ Atlantic Richfield Co v Christian ,
CERCLA ,
Certiorari ,
Common Law Claims ,
Constitutional Challenges ,
Criminal Prosecution ,
Exclusive Jurisdiction ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patents ,
SCOTUS ,
Sixth Amendment ,
Thryv Inc v Click-To-Call Technologies LP
This morning, the Supreme Court of the United States granted certiorari in the following cases:
California v. Texas, No. 19-840; Texas v. California, No. 19-1019: A petition for a writ of certiorari and conditional...more
3/2/2020
/ Affordable Care Act ,
Armed Career Criminal Act of 1984 ,
Article III ,
Certiorari ,
Constitutional Challenges ,
Due Process ,
Federal Sentencing Guidelines ,
FOIA ,
Mens Rea ,
SCOTUS ,
Sentencing Enhancements ,
Severability Doctrine ,
Standing
On Friday afternoon, the Supreme Court of the United States granted certiorari in the following four cases:
Seila Law LLC v. Consumer Financial Protection Bureau, No. 19-7: (1) Whether the vesting of substantial executive...more
10/22/2019
/ Certiorari ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Homeland Security (DHS) ,
Dismissals ,
Dodd-Frank ,
Habeas Corpus ,
In Forma Pauperis ,
Judicial Review ,
Jurisdiction ,
SCOTUS ,
Separation of Powers ,
Suspension Clause
The Supreme Court of the United States granted certiorari today in the following cases :
June Medical Serv. v. Gee, No. 18-1323; Gee v. June Medical Serv., No. 18-1460: (1) Whether the Fifth Circuit’s decision upholding...more
The Supreme Court of the United States issued two decisions this morning:
Biestek v. Berryhill, No. 17-1184: Petitioner Michael Biestek, a former construction laborer, applied for social security disability benefits...more
On Friday afternoon, January 4, 2019, the Supreme Court of the United States agreed to hear the following six cases:
Emulex Corp. v. Varjabedian, No. 18-459: Whether the Ninth Circuit correctly held, in express...more
Today, the Supreme Court of the United States announced the retirement of Associate Justice Anthony M. Kennedy:
Justice Kennedy, nominated by President Ronald Reagan to the Supreme Court, assumed the bench in 1988. ...more
6/28/2018
/ Apportionment ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Florida v Georgia ,
Janus v AFSCME ,
Justice Kennedy ,
Original Jurisdiction ,
Public Sector Unions ,
Remand ,
SCOTUS ,
Water ,
Water Rights
The Supreme Court of the United States issued two decisions today:
Trump v. Hawaii, No 17-965: President Trump, citing national security, issued a series of executive orders in 2017 restricting the entry of foreign...more
6/27/2018
/ Abortion ,
Constitutional Challenges ,
Establishment Clause ,
Executive Orders ,
Family Planning Clinics ,
First Amendment ,
Foreign Nationals ,
Immigration and Nationality Act ,
National Institute of Family and Life Advocates v Becerra ,
National Origin Discrimination ,
Preliminary Injunctions ,
Reproductive Discrimination ,
Strict Scrutiny Standard ,
Travel Ban ,
Trump Administration ,
Trump v Hawaii
The Supreme Court of the United States issued four decisions today:
Lucia v. SEC, No. 17-130: The Securities and Exchange Commission (“SEC”) is statutorily authorized to institute administrative proceedings against...more
6/22/2018
/ Administrative Law Judge (ALJ) ,
Commerce Clause ,
Constitutional Challenges ,
Department of Homeland Security (DHS) ,
Deportation ,
Immigration Procedures ,
Internet Retailers ,
Lucia v SEC ,
Railroad Retirement Tax Act (RRTA) ,
Sales & Use Tax ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
South Dakota v. Wayfair ,
Wisconsin Central Ltd v United States
The Supreme Court of the United States issued five decisions today:
Murphy v. National Collegiate Athletic Assn., No. 16-476: In the 1990s, Congress enacted the Professional and Amateur Sports Protection Act (“PASPA”), 28...more
5/15/2018
/ BNSF Railway ,
Bodily Injury ,
Certiorari ,
Constitutional Challenges ,
Criminal Prosecution ,
Death Penalty ,
Murder ,
NCAA ,
PASPA ,
SCOTUS ,
Search & Seizure ,
Wiretapping
The Supreme Court of the United States issued three decisions today:
Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712: The Leahy-Smith America Invents Act, 35 U.S.C. §100 et seq., went into effect...more
4/25/2018
/ Alien Tort Statute ,
America Invents Act ,
Article III ,
Certiorari ,
Constitutional Challenges ,
Due Process ,
Inter Partes Review (IPR) Proceeding ,
Oil States Energy Services v Greene's Energy Group ,
Patents ,
Post-Grant Review ,
SAS Institute Inc. v Iancu ,
SCOTUS ,
Seventh Amendment ,
Takings Clause ,
USPTO
The Supreme Court of the United States issued three decisions yesterday -
United States v. Microsoft Corp., No. 17-2: Federal law enforcement agents obtained a warrant under 18 U.S.C. §2703, requiring Microsoft to...more
4/18/2018
/ Aggravated Felony ,
Appeals ,
Certiorari ,
Cloud Storage ,
Constitutional Challenges ,
Criminal Convictions ,
Data Storage ,
Deportation ,
Habeas Corpus ,
Immigration and Nationality Act ,
Ineffective Assistance of Counsel ,
Ireland ,
Murder ,
Remand ,
Reversal ,
SCOTUS ,
Search Warrant ,
Sessions v Dimaya ,
Stored Communications Act ,
US v Microsoft ,
Violent Felonies ,
Wilson v Sellers
Digital Realty Trust, Inc. v. Somers, No. 16-1276: Paul Somers, a former Vice-President at Digital Realty Trust, brought a claim of whistleblower retaliation under the Dodd-Frank Act against his former employer, alleging he...more
2/22/2018
/ Anti-Retaliation Provisions ,
Attorney's Fees ,
Class v United States ,
Constitutional Challenges ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Due Process ,
Indictments ,
Murphy v Smith ,
Rubin v Islamic Republic of Iran ,
SCOTUS ,
Second Amendment ,
Sovereign Immunity ,
Whistleblower Protection Policies
The Supreme Court of the United States issued decisions in five cases today:
California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373: Lehman Brothers’ collapse led to a number of securities...more
6/27/2017
/ Birth Certificates ,
Bivens Claims ,
CalPERS v ANZ Securities ,
Certiorari ,
Churches ,
Class Action ,
Constitutional Challenges ,
Criminal Convictions ,
Davila v Davis ,
Fifth Amendment ,
First Amendment ,
Fourth Amendment ,
Free Exercise Clause ,
Grants ,
Hernandez v Mesa ,
Jury Instructions ,
Mexico ,
Obergefell v. Hodges ,
Remand ,
Same-Sex Marriage ,
SCOTUS ,
Securities Act of 1933 ,
Statute of Limitations ,
Trinity Lutheran Church of Columbia Inc. v Comer