The U.S. Supreme Court decision yesterday that likely will get the most attention is Medina v. Planned Parenthood South Atlantic, in which a 6–3 Court that lined up according to the conservative vs. liberal stereotype, held...more
6/27/2025
/ 42 U.S.C. §1983 ,
Anti-Stacking Provisions ,
Appeals ,
Due Process ,
Firearms ,
Judicial Authority ,
Jurisdiction ,
Medicaid ,
Medina v Planned Parenthood South Atlantic ,
Planned Parenthood ,
SCOTUS ,
Standing ,
Statutory Interpretation ,
Vacated
As the end of the term seems to be rushing towards us, the U.S. Supreme Court issued six more opinions yesterday, mostly unanimous or near unanimous....more
6/13/2025
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Deadlines ,
Disabilities ,
Due Process ,
Federal Tort Claims Act (FTCA) ,
Habeas Corpus ,
IDEA ,
Jurisdiction ,
Law Enforcement ,
Public Schools ,
Rehabilitation Act ,
School Districts ,
SCOTUS ,
Statutory Interpretation ,
Supreme Court Justices
While not a decision on the merits, the U.S. Supreme Court’s opinion on April 4, 2025, in Department of Education v. California is worth considering....more
The U.S. Supreme Court decided two cases yesterday, one of which, Lackey v. Stinnie, involved an action brought pursuant to 42 U. S. C. §1983 and should be of particular interest to the many readers of this blog who practice...more
2/26/2025
/ 42 U.S.C. §1983 ,
Attorney's Fees ,
Civil Rights Act ,
Constitutional Challenges ,
Criminal Procedure ,
Due Process ,
Equal Protection ,
Evidence ,
False Evidence ,
False Testimony ,
Jurisdiction ,
Preliminary Injunctions ,
Prevailing Party ,
Remand ,
SCOTUS
As the snow has fallen on Washington, DC’s First Street over the past few days, the Supreme Court has begun to issue opinions in the current term....more
In its first decision on the merits in the current term, a unanimous U.S. Supreme Court (per Jackson, J.) has held in Bouarfa v. Mayorkas that revocation of an approved visa petition under 8 U.S.C. §1155, based on a...more
On May 16—for the second time in two weeks—the U.S. Supreme Court, this time unanimously, has taken a lenient, plaintiff-friendly view of whether a filing deadline is jurisdictional in the sense that it is governed by the...more
5/20/2024
/ Administrative Agencies ,
CFPB v Community Financial Services Association of America ,
Commercial Litigation ,
Copyright Litigation ,
Department of Defense (DOD) ,
Discovery ,
Federal Funding ,
Filing Deadlines ,
Furloughs ,
Harrow v Department of Defense ,
Jurisdiction ,
Loper Bright Enterprises v Raimondo ,
Music Industry ,
SCOTUS ,
Statute of Limitations ,
The Copyright Act ,
Warner Chappell Music v Nealy
The Supreme Court issued a single opinion yesterday. Wilkins v. United States concerns a property rights dispute between the federal government and two owners of land near the Bitterroot National Forest in rural Montana to...more
The Court has decided the latest in a series of important cases interpreting the reach of the Federal Arbitration Act (FAA), 9 U. S. C. §§ 1 et seq....more