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
As this term draws to a close, the U.S. Supreme Court is getting busy in reducing its inventory of pending cases. Yesterday, six of them were resolved....more
6/6/2025
/ Breach of Contract ,
Class Action ,
Employment Discrimination ,
Federal Rules of Civil Procedure ,
First Amendment ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Nonprofits ,
Personal Jurisdiction ,
Religious Institutions ,
SCOTUS ,
Sovereign Immunity ,
Statutory Interpretation ,
Supreme Court Justices ,
Title VII
Yesterday, an evenly divided 4–4 U.S. Supreme Court, with Justice Barrett having recused herself, decided in Oklahoma Statewide Charter School Board v. Drummond to leave in place the holding of the Oklahoma Supreme Court...more
5/23/2025
/ Charter Schools ,
Educational Institutions ,
Executive Powers ,
Federal Reserve ,
First Amendment ,
Government Agencies ,
Judicial Authority ,
NLRB ,
Religious Institutions ,
SCOTUS ,
Statutory Interpretation ,
Supreme Court Justices
The U.S. Supreme Court did not publish any opinions last week, but I note with sadness the death of retired Justice David Souter on May 8.
I got to know Justice Souter first during his vetting in 1990....more
The Supreme Court decided two cases today, continuing the release of opinions on which the Court is not deeply divided. The tougher ones are yet to come....more
The U.S. Supreme Court resolved more textual battles yesterday, one in a fully argued case, the other on procedural motions. The combinations of Justices continue to defy stereotypes, and at least one of those combinations,...more
3/6/2025
/ Administrative Agencies ,
Appeals ,
Constitutional Challenges ,
Department of Veterans Affairs ,
Executive Orders ,
Foreign Aid ,
Regulatory Oversight ,
SCOTUS ,
Statutory Interpretation ,
Supreme Court Justices ,
Veterans
With the current term of the Supreme Court soon to end, the run of decisions in which the Justices have been unanimous or close to it is being displaced by the “tougher” ones, in which there is substantial disagreement....more
6/24/2024
/ Confrontation Clause ,
Consent Decrees ,
Due Process ,
Expert Testimony ,
Expert Witness ,
Firearms ,
Immigrants ,
Non-Citizens ,
Rio Grande Compact ,
SCOTUS ,
Second Amendment ,
Spouses ,
Supreme Court Justices ,
Texas v New Mexico and Colorado ,
United States v Rahimi ,
US Department of State ,
Visas ,
Water Rights
Once again, the U.S. Supreme Court handed down three decisions on a Thursday, each of them substantively important to the individuals involved, but all of them essentially involving the Supreme Court’s instructing lower...more
5/31/2024
/ Bank of America ,
Cantero v Bank of America NA ,
Criminal Convictions ,
Death Penalty ,
Dodd-Frank ,
Evidence ,
Financial Services Industry ,
Firearms ,
First Amendment ,
Liability Insurance ,
Murder ,
National Bank Act ,
NRA ,
Preemption ,
SCOTUS ,
Supreme Court Justices
The U.S. Supreme Court decided two cases yesterday, in each of which timing played a decisive role in the outcome. These cases did not produce the unanimity that has characterized most of the Court’s decisions so far this...more
5/10/2024
/ Asset Seizure ,
Class Action ,
Copyright ,
Copyright Infringement ,
Drug Possession ,
Drug Trafficking ,
Due Process ,
Forfeiture ,
Intellectual Property Litigation ,
Music Industry ,
Personal Property ,
SCOTUS ,
Supreme Court Justices ,
The Copyright Act ,
Warner Chappell Music v Nealy
Some commentators claim there are bitter divisions among the Justices, roiling the Court and its processes. Many of the same commentators were critical of the Court’s decision holding that former President Trump was not...more
4/12/2024
/ Building Permits ,
Constitutional Challenges ,
Construction Project ,
George Sheetz v County of El Dorado ,
Impact Fees ,
Property Owners ,
Real Estate Development ,
SCOTUS ,
Supreme Court Justices ,
Takings Clause ,
Traffic Impact Assessments
There has been a good deal of recent attention given to the Supreme Court’s so-called “shadow docket,” a term that refers generally to the Court’s (conservative majority’s) issuing brief orders and unsigned opinions resolving...more
I write this from London on the eve of the announcement that the nomination of Judge Ketanji Brown Jackson to succeed Justice Breyer is about to go to the full Senate for confirmation. Those who follow my writings will know...more