Supreme Court Coverage

October 2020 Term
Ams for Prosperity v Rodriquez_FINAL

Americans For Prosperity Foundation v. Rodriquez

Does a California regulation requiring charities to disclose donor information violate the First Amendment?

Minerva v Hologic_final_72ppi

Minerva Surgical v. Hologic

Can an inventor challenge a patent that came from an application he originated?

Yellen v Confederated Tribes_final_72ppi

Yellen v. Confederated Tribes of the Chehalis Reservation

Can non-tribal Alaska natives get benefits under the 2020 Coronavirus relief act?

Mahanoy v BL School Rules_final_72ppi

Mahanoy Area School District v. B.L.

Can public schools punish students for speech on social media?

Facebook v Duguid_final_300ppi

Facebook v. Duguid

Does the law prohibiting auto-calls cover a device without a random or sequential number generator?

Torres v Madrid300ppi

Torres v. Madrid

Will the officers who shot Roxanne Torres face claims for excessive use of force (Fourth Amendment)?

NCAA v Alston.MMfinal

NCAA v. Alston

Do the NCAA limits on college athlete compensation violate federal antitrust laws?

Caniglia v Strom _final_v1 (1)

Caniglia v. Strom

Did the officers have the right to seize Caniglia’s guns by entering his home without a warrant?

Cedar Point Nursery v Hassid_final_72ppi

Cedar Point Nursery v. Hassid

Does California have the right to enter farms for inspections without compensating the owners?

Uzuegbunam vs Preczewski_final_72ppi (1)

Uzuegbunam v. Preczewski

Uzuegbunam can seek nominal relief from his college for restrictive speech policies even though the college already removed the policies.

USFWS v Sierra Club_final_300ppi

U.S. Fish and Wildlife Service v. Sierra Club

The federal agencies do not need to produce their draft biological opinions to the environmental organization.

Brnovich v DNCFinal MM

Brnovich v. Democratic National Committee

Do the Arizona voting policies violate the Voting Rights Act or the U.S. Constitution?

United States v Arthrex _final

United States v. Arthrex

Did the Federal Circuit properly resolve the case regarding the power and role of USPTO administrative judges?

Lange v California New70ppi

Lange v. California

Can an officer enter a home without a warrant while in hot pursuit of a misdemeanor?

BP v Baltimore70ppi

BP v. Mayor and City Council of Baltimore

Can the oil company defendants get the climate change case against them removed to federal court?

12New-FullSize-Trump+v+New+York+State_final_300ppi

Trump v. New York

Can the Trump administration re-tabulate the census count before determining House apportionment?

Carney v Adams300ppi

Carney v. Adams

Delaware limits positions on several high courts to the two major political parties. Do the limits violate an Independent’s First Amendment rights to free association?

Tanzin v Tanvir300ppi

Tanzin v. Tanvir

Can Tanvir and co. get money damages from the federal officers who tried to convince them to be spies?

Nestle v Doe300ppi

Nestle v. Doe

Are the companies subject to suit for human rights abuses abroad?

California v Texas300ppi

California v. Texas

Is the ACA’s Individual Mandate invalid now that the tax penalty is zero? If so, does the entire ACA go down with it?

Fulton v Philadelphia300ppi

Fulton v. City of Philadelphia

Can Philadelphia ban a foster care agency that will not work with same-sex couples?

October 2019 Term
Google+v+Oracle+-+Software_final_v2_300ppi

Google v. Oracle

Google’s use of Java API code in the Android operating system was “fair use” and not a copyright infringement.

Trump vs Vance_final_300ppi

Trump v. Vance (Decision July 9, 2020)

Can the New York prosecutors get Trumps’s financial information from his accounting firm?

Trump v Mazars FINAL.MM70ppi

Trump v. Mazars (Decision July 9, 2020)

Can the House committees get Trump’s financial information from third parties?

USPTO v Booking.com MMB_final_v1_300ppi (1)

U.S. Patent and Trademark Office v. Booking.Com (Decision June 30, 2020)

Is the mark BOOKING.COM protectable as a trademark for online hotel reservation services?

Espinoza v Montana FINAL - Whole150

Espinoza v. Montana Department of Revenue (Decision June 30, 2020)

Did the Montana Supreme Court invalidly strike the state’s tax credit program just because it indirectly benefits religious schools?

Seila Law v CFPB_final_300ppi

Seila Law v. Consumer Financial Protection Bureau (Decision June 29, 2020)

Is the structure of the Consumer Financial Protection Bureau constitutional?

June+Medical+Services+v+Russo

June Medical Services v. Russo (Decision June 29, 2020)

Does the Louisiana regulation on abortion providers violate the Constitution?

DHS+v+Regents+300ppi.MM

DHS v. Regents of the University of California (Decision June 18, 2020)

Can a court question DHS’s termination of the DACA program?

Zarda v Altitude Exp Sexual Discrimination_Final_72ppi (1)

Sex Discrimination in Employment: Zarda, Bostock, and R.G. & G.R. Harris Funeral Homes (Decision June 15, 2020)

Does the Civil Rights Act of 1964 protect against employment discrimination on the basis of sexual orientation or gender identity?

Atlantic+Coast+Pipeline+Final

Atlantic Coast Pipeline v. Cowpasture River Preservation Association (Decision June 15, 2020)

Can the Appalachian Trail block the Atlantic Coast Pipeline project?

Georgia+V+Pub+Resource_final_300pppi

Georgia v. PublicResource.Org (Decision April 27, 2020)

Commentary published in Georgia’s “official” legal code is not eligible for copyright protection.

Bridgegate+-+GW+bridge

Kelly v. United States (Decision May 7, 2020)

Is Bridget Kelly criminally liable for her actions in the “Bridgegate” scandal?

NY Rifle v NTC_final_72ppi

New York State Rifle and Pistol Association vs. New York City (Decision April 27, 2020)

Will the Supreme Court make another Second Amendment ruling?

Romag+v+Fossil

Romag Fasteners v. Fossil (Decision April 23, 2020)

Does trademark infringement have to be “willful” for Romag to recover Fossil’s profits?

Ramos+v+Louisiana

Ramos v. Louisiana (Decision April 20, 2020)

Does the Constitution guarantee the right to a unanimous verdict in state criminal trials?

Babb+v+Wilkie

Babb v. Wilkie (Decision April 6, 2020)

How does a federal employee prove causation for an age discrimination claim under the ADEA?

Kansas+v+Glover

Kansas v. Glover (Decision April 6, 2020)

Can an officer pull over a vehicle just because the registered driver’s license has been revoked?

Google v Oracle - Software_final_v2_300ppi

Google v. Oracle

Over 50 amicus briefs tell the Supreme Court how the Google v. Oracle copyright dispute will affect them. Here’s our analysis.

Kahler v Kansas MMB v2

Kahler v. Kansas (Decision March 23, 2020)

Is Kansas’s “mens rea” departure from the traditional “insanity” defense constitutional?

McKinney+v+Arizona

McKinney v. Arizona (Decision February 25, 2020)

The Arizona Supreme Court properly reevaluated McKinney’s death sentence.

October 2018 Term
Political Gerrymandering_final_300ppi

Rucho v. Common Cause and Lamone v. Benisek (Decision June 27, 2019)

Courts will not resolve political gerrymandering cases. They are “nonjusticiable.”

NYvDeptCommercePt3_final_72ppi

U.S. Department of Commerce v. New York (Decision June 27, 2019)

Did the federal government violate law when it added a citizenship question to the Census?

KisorvWilkie_final_72ppi-scaled

Kisor v. Wilkie (Decision June 26, 2019)

Should the Supreme Court overrule longstanding precedent on agency deference?

IancuvBrunetti-background-953x1024

Iancu v. Brunetti (Decision June 24, 2019)

Can the federal government refuse to trademark “FUCT” or is the mark protected speech despite that it may be scandalous or vulgar?

AmericanLegionVAmericanHumanist

The American Legion v. American Humanist Association (Decision June 20, 2019)

Is the cross shaped war memorial on public property Constitutional?

Virgina House v Bethune Hill_final_72ppi

Virginia House of Delegates v. Golden Bethune-Hill (Decision June 17, 2019)

The Virginia House cannot appeal the redistricting order on behalf of the whole state.

GamblevUS-scaled

Gamble v. United States (Decision June 17, 2019)

The United States and Alabama can prosecute Gamble for the same act.

ReturnMailvUSPSDecision

Return Mail v. U.S. Postal Service (Decision June 10, 2019)

Is the government a “person” who can request a “covered business method” patent review?

Fort Bend Co v Davis_final_72ppi

Fort Bend County v. Davis (Decision June 3, 2019)

Are Title VII charge-filing rules “jurisdictional”?

Controloverreproduction-scaled

The most thought-provoking article you’ll read on the Indiana abortion ruling

Are selective abortions that Indiana tried to outlaw a continuation of the late eugenics movement?

NievesvBartlettDecision-scaled

Nieves v. Bartlett (Decision May 28, 2019)

Can Bartlett sue the arresting officers for retaliation even if the officers had probable cause to arrest him?

exc-5c3ce5834d7a9c278191a092

Home Depot USA v. Jackson (Decision May 28, 2019)

Can Home Depot get the case moved from state court to federal court?

HerreravWyoming-scaled

Herrera v. Wyoming (Decision May 20, 2019)

A member of the Crow Tribe of Montana maintains a treaty right to hunt elk in Wyoming’s Bighorn National Forest.

SupremeCt-MerckvAlbrecht_final_300ppi-scaled

Merck Sharp & Dohme Corp. v. Albrecht (Decision May 20, 2019)

Drug manufacturers must make a strong showing to prove FDA preemption defeats plaintiffs’ failure to warn claims.

cochisedecision@300x-20-scaled

Cochise Consultancy v. U.S. ex rel. Hunt (Decision May 13, 2019)

Did Hunt, a relator in a False Claims Act case, file the case on time?

ApplevPepperDecision@300x-20-scaled

Apple v. Pepper (Decision May 13, 2019)

Can iPhone App Store purchasers sue Apple for commission fees charged to app developers?

BecklewvPrecytheDeathPenalty_final_300ppi-scaled

Bucklew v. Precythe (Decision April 1, 2019)

Bucklew cannot avoid Missouri’s standard execution method because of his medical condition.

WashvCougarDen-scaled

Washington State Department of Licensing v. Cougar Den (Decision March 19, 2019)

Washington cannot apply the state’s fuel tax law to the Yakama Tribe fuel importer because it violates an 1855 treaty.

FrankvGaos

Frank v. Gaos (Decision March 20, 2019)

Is the cy pres class action award valid?

AirandLiquidSystemsvDevriesDECISION

Air and Liquid Systems Corp. v. Devries (Decision March 19, 2019)

Can the company be liable if it shipped parts that later received asbestos insulation?

ObduskeyDecision

Obduskey v. McCarthy & Holthus LLP (Decision March 20, 2019)

Is the law firm a debt collector or just a party seeking foreclosure?

BNSFRailwayvLoosDecision

BNSF Railway v. Loos (Decision March 4, 2019)

Will railroad employees have to help pay taxes on the money they receive if they’re injured at work?

MadisonvAlabama-scaled

Madison v. Alabama (Decision February 27, 2019)

Is the death row inmate “insane” meaning he cannot be executed?

TimbsvIndiana

Timbs v. Indiana (Decision February 20, 2019)

The Eighth Amendment’s prohibition against “excessive fines” applies to state governments.

DawsonvsSteagerDECISION

Dawson v. Steager (Decision February 20, 2019)

Are retired Federal Marshalls entitled to the same tax benefits as West Virginia State Police Officers and Firefighters?

Helsinn v Teva DRAFT[22600]

Helsinn Healthcare v. Teva USA (Decision January 22, 2019)

The Supreme Court reinforced the longstanding rule that even a non-public sale may invalidate a patent.

NewPrimevOliveira-scaled

New Prime v. Oliveira (Decision January 15, 2018)

Courts, not arbitrators, interpret the FAA, and the FAA’s arbitration exception applies to Oliveira’s contract.

ScheinvArcherandWhite

Henry Schein, Inc. v. Archer and White Sales, Inc.

The arbitration court must decide whether the contract mandates arbitration.

WeyerhaeuservUSFWS-Decision

Weyerhaeuser Company v. U.S. Fish and Wildlife Service

The Supreme Court sends the environmental case back to the lower courts to review the agency’s “Critical Habitat” designation.

USvStittandUSvSimsdecision

United States v. Stitt and United States v. Sims

The defendants’ prior convictions count as burglary under the federal law.

MtLemmonvGuidoDecision-scaled

Mount Lemmon Fire District v. Guido

State and local employees – regardless of size – must comply with the federal age discrimination law.

KnickvTownshipofScottPA

Knick v. Township of Scott, Pennsylvania

Can Knick bring her claim in federal court before going through state litigation first?

October 2017 Term
JanusvAFSCMEDecision

Janus v. AFSCME Union (Decided June 27, 2018)

States cannot require public sector employees to pay union fees.

NIFLAvBecerraDecision

National Institute of Family and Life Advocates v. Becerra (Decided June 26, 2018)

The California notice requirements affecting women’s health clinics are likely to violate the First Amendment.

FloridavGeorgiaDecision

Florida v. Georgia (Decided June 27, 2018)

Florida’s water rights case against Georgia can continue. It should not be dismissed for “redressability.”

TrumpvHawaiiDecision

Trump v. Hawaii (Decided June 26, 2018)

Trump’s third version of the travel ban is not likely to violate federal law or the Constitution. The 9th Circuit’s decision halting the order is reversed.

OhiovAmExDecision

Ohio v. American Express (Decided June 25, 2018)

The Sherman Act does not prohibit the Amex contract with the merchants because Ohio et al. have not shown anticompetitive effects on cardholders.

AbbottvPerezDecision

Abbott v. Perez (Decided June 25, 2018)

Only one of the Texas voting districts is an impermissible racial gerrymander.

OrtizvUnitedStatesDecision

Ortiz v. United States (Decided June 22, 2018)

The Supreme Court clarifies jurisdiction and judgeship in the court martial system.

CurriervVirginiaDecision

Currier v. Virginia (Decided June 22, 2018)

Double Jeopardy (5th Amendment) does not prohibit the second trial against Currier because Currier agreed to split his case into two trials.

WesternGecovIONGeophysicalDecision

WesternGeco v. ION Geophysical (Decided June 22, 2018)

WesternGeco can get damages for the profits it lost abroad as a result of ION’s infringement of WesternGeco’s patent.

CarpentervUSDecision

Carpenter v. United States (Decided June 22, 2018)

The government needs a 4th Amendment warrant (with probable cause) to get your cell phone location data.

PereiravSessionsDecision

Pereira v. Sessions (Decided June 21, 2018)

A notice to appear under the deportation rule must include time and place. Pereira’s notice was inadequate and thus did not end his period of living continuously in the U.S.

WisconsinCentralvUSDecision

Wisconsin Central Ltd. v. United States (Decided June 21, 2018)

Railroad employees will not get taxed on stock compensation.

LuciavSECDecision

Lucia v. Securities and Exchange Commission (Decided June 21, 2018)

SEC judges must be formally appointed because they have significant authority.

SouthDakotavWayfairDecision

South Dakota v. Wayfair (Decided June 21, 2018)

A state can collect tax on online sales even if the seller does not have a physical presence in the state. An extensive virtual presence is enough.

Chavez-MezavUnitedStatesDecision

Chavez-Meza v. United States (Decided June 18, 2018)

The lower court justified itself sufficiently in making the sentence adjustment.

Rosales-MirelesvUSDecision

Rosales-Mireles v. United States (Decision June 18, 2018)

The Fifth Circuit used the wrong standard in deciding when to fix a judge’s mistake. It must reconsider Rosales-Mireles’ case.

LozmanvCityofRivieraDecision

Lozman v. City of Riviera Beach (Decided June 18, 2018)

Lozman still has a retaliatory arrest claim against the City, despite that there was probable cause for his arrest.

Gill v Whitford Decision

Gill v. Whitford (Decided June 18, 2018)

The plaintiffs did not show adequate injuries to bring the political gerrymandering case.

BenisekvLamoneDecision

Benisek v. Lamone (Decided June 18, 2018)

The denial of preliminary relief on the political gerrymandering claim stands.

AnimalSciencevHebeiWelcomeDecision

Animal Science Products v. Hebei Welcome Pharmaceutical (Decided June 14, 2018)

The court was not required to defer to the Chinese government’s brief in interpreting Chinese law.

MinnesotaVotersAlliancevManskyDecision

Minnesota Voters Alliance v. Mansky (Decided June 14, 2018)

Minnesota’s ban on political apparel violates the Free Speech Clause of the First Amendment.

SveenvMelinDecision

Sveen v. Melin (Decided June 11, 2018)

The Minnesota law can apply retroactively, so Sveen’s kids will get the life insurance proceeds.

ChinaAgritechvReshDecision

China Agritech v. Resh (Decided June 11, 2018)

Resh’s class action was not filed on time because the claim is not entitled to the time extension.

HustedvAPRIDecision

Husted v. A. Philip Randolph Institute (Decided June 11, 2018)

Ohio’s voter roll purging process does not violate federal law.

HughesandKoonsDecisions

Hughes v. U.S. and Koons v. U.S. (Decisions June 4, 2018)

The Supreme Court interprets “based on” in the sentence reduction rule.

LamarArcherCofrinvApplingDecision

Lamar, Archer & Cofrin v. Appling (Decision June 4, 2018)

Appling can get the law firm debt discharged in bankruptcy because his oral statement was not fraudulent.

MasterpieceCakeshopvColorado

Masterpiece Cakeshop v. Colorado Civil Rights Commission (Decided June 4, 2018)

Colorado must reconsider Masterpiece Cakeshop’s case because its original ruling expressed hostility towards religion, violating the First Amendment.

Case Dismissal: City of Hays v. Vogt (DIG May 29, 2018)

Court dismisses City of Hays v. Vogt as “improvidently granted.”

LagosvUnitedStatesDecision

Lagos v. United States (Decision May 29, 2018)

The Supreme Court interpreted the victims compensation law narrowly, ruling for Lagos.

CollinsvVirginiaDecision

Collins v. Virginia (Decision May 29, 2018)

A parked auto in a driveway is part of a house. Police need a warrant to search it.

UpperSkagitvLundgrenDecision

Upper Skagit Indian Tribe v. Lundgren (Decision May 21, 2018)

The case returns to the lower court to consider a new question.

EpicSystemsvLewisDecision

Epic Systems v. Lewis (Decision May 21, 2018)

Employees can sign away their rights to bring class actions against their employers.

DahdavUSDecision

Dahda v. United States (Decision May 14, 2018)

The wiretap order was not “facially insufficient,” so Dahda cannot get the communications suppressed.

UnitedStatesvSanchez-Gomez

United States v. Sanchez-Gomez (Decided May 14, 2018)

The case became “moot” when the challengers no longer faced pre-conviction shackling.

ByrdvUnitedStatesDecision

Byrd v. United States (Decision May 14, 2018)

A person can have 4th Amendment privacy against police search when driving a rental car, even if the person is not listed on the car lease.

McCoyv.LouisianaDecision

McCoy v. Louisiana (Decision May 14, 2018)

The lawyer cannot overrule a client’s choice to plead innocent.

MurphyvNCAADecision

Murphy v. NCAA (Decision May 14, 2018)

States can legalize sports betting. The federal law prohibiting it is unconstitutional.

SASInstitutevIancuDecision

SAS Institute v. Iancu (Decision April 24, 2018)

If the Patent Review Board starts a patent review, it must address all of the patent challenger’s claims.

OilStatesvGreenesEnergyDecision

Oil States Energy Services v. Greene’s Energy Group (Decision April 24, 2018)

Patent rights can be reviewed in executive branch courts.

JesnervArabBankDecision

Jesner v. Arab Bank (Decision April 24, 2018)

Foreign corporations can’t be sued under the Alien Tort Statute.

AnimalScienceProductsvHebeiWelcomePharmaceutical

Animal Science Products v. Hebei Welcome Pharmaceutical (Argument April 24, 2018)

The Chinese government filed a brief in a case to help the court interpret Chinese law. Was the court supposed to follow that interpretation blindly or make its own judgment?

Lucia v SEC

Lucia v. Securities and Exchange Commission (Argument April 23, 2018)

Are the SEC judges “Officers,” which would require them to be formally appointed?

PereiravSessions

Pereira v. Sessions (Argument April 23, 2018)

Will a noncitizen’s period of living continuously in the U.S. end with a notice of a hearing that doesn’t include time and place?

Chavez-MezavUnitedStates

Chavez-Meza v. United States (Argument April 23, 2018)

Did the court need to explain its reasoning for choosing a certain sentence reduction?

TrumpvHawaii

Trump v. Hawaii (Argument April 26, 2018)

Does the latest version of Trump’s travel ban violate federal law or the Constitution?

AbbottvPerez

Abbott v. Perez (Argument April 24, 2018)

Did the federal court in Texas already conclude that Texas’ voting maps were non-discriminatory?

WilsonvSellersDecision

Wilson v. Sellers (Decision April 17, 2018)

A federal habeas reviewing court should “look through” an unreasoned state court decision to find the rationale.

SessionsvDimayaDecision

Sessions v. Dimaya (Decision April 17, 2018)

Dimaya cannot be deported based on the INA’s definition of “crime of violence” because the definition is too vague.

LagosvUnitedStates

Lagos v. United States (Argument April 18, 2018)

Lagos’ fraud caused large costs to a company. Can the criminal provision order Lagos to pay the company’s internal investigation costs and other legal fees?

Infographic+Sketch

WesternGeco v. ION Geophysical (Argument April 16, 2018)

Can WesternGeco get damages it lost abroad for ION’s patent violation?