The nondelegation doctrine prevents Congress from giving away too much of its legislative power to other entities. After a strong showing in 1935, the nondelegation doctrine has remained dormant, with the Supreme Court...more
8/1/2025
/ Constitutional Challenges ,
FCC ,
Government Agencies ,
Judicial Authority ,
Lifeline Program ,
Non-Delegation Doctrine ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation ,
Telecommunications ,
Universal Service Fund
Missing the deadline to file a notice of appeal has severe consequences. A late notice of appeal in a civil case deprives the United States Court of Appeals of jurisdiction, meaning no appeal can take place. In the event a...more
On June 5, 2025, the U.S. Supreme Court was set to rule in Labcorp v. Davis, which sought to resolve division among federal circuit courts regarding the certification of a damages class under Rule 23 of the Federal Rules of...more
7/1/2025
/ Americans with Disabilities Act (ADA) ,
Article III ,
Class Action ,
Class Certification ,
Damages ,
Dismissals ,
Federal Rules of Civil Procedure ,
FRCP Rule 23(b)(2) ,
Injury-in-Fact ,
Predominance Requirement ,
SCOTUS ,
Split of Authority ,
Unruh Civil Rights Act
When is a final judgment not final? In an opinion by Justice Thomas unanimously reversing the Second Circuit, the Supreme Court reaffirmed on June 5 that the bar for reopening a final judgment under the catchall provision in...more
The Supreme Court refusing to hear a case is nothing new, but an otherwise run-of-the-mill denial of the cert petition in Franklin v. New York, 604 U.S. ____ (2025) was accompanied by statements from Justices Alito and...more
3/27/2025
/ Appeals ,
Confrontation Clause ,
Constitutional Challenges ,
Criminal Prosecution ,
Due Process ,
Evidence ,
Hearsay ,
Judicial Authority ,
Petition for Writ of Certiorari ,
SCOTUS ,
Statutory Interpretation
On March 21, the Supreme Court announced its opinion in Thompson v. United States, reversing the Seventh Circuit and holding that 18 U.S.C. § 1014's prohibition on making "any false statement" does not extend to misleading,...more
If you tell your partner that you spent $100 on a rare bobblehead for your office, when the full price was actually $1,000, have you said anything false? Literally, you did spend $100; you just spent another $900 as well....more