Recent Decisions
Shular v. United States (February 26, 2020)
The definition of “serious drug offense” in the Armed Career Criminal Act requires only that the state offense involved the conduct specified in the statute; it does not require that the state offense match a generic version of a particular crime under a categorical approach.
Intel Corp. Investment Policy Committee v. Sulyma (February 26, 2020)
ERISA's limitations period for bringing suit based on alleged fiduciary breach is based on the plaintiff's "actual knowledge," which does not equate with "constructive knowledge."
Holguin-Hernandez v. United States (February 26, 2020)
In arguing for a specific, shorter sentence, the defendant preserved an argument on appeal that the longer sentence imposed was unreasonable; the defendant was not required to specifically object that the sentence was unreasonable.
Rodriguez v. Federal Deposit Insurance Corp. (February 25, 2020)
The "Bob Richards Rule," concerning the allocation of a tax refund issued to a group of affiliated corporations based on a consolidated return, is not a legitimate exercise of federal common lawmaking.
Hernandez v. Mesa (February 25, 2020)
A "Bivens" claim for damages is not available in the context of a cross-border shooting by a U.S. Border Patrol Agent.
Monasky v. Taglieri (February 25, 2020)
Under the Hague Convention on the Civil Aspects of International Child Abduction, a child’s habitual residence depends on the totality of the circumstances specific to the case, not on categorical requirements such as an actual agreement between the parents.
McKinney v. Arizona (February 25, 2020)
The Arizona Supreme Court did not violate relevant U.S. Supreme Court precedent when, following a remand for an "Eddings" violation, it reweighed the aggravating and mitigating circumstances and upheld death sentences without involvement by a jury.
Roman Catholic Archdiocese of San Juan v. Feliciano (February 24, 2020)
U.S. Supreme Court vacates orders by the Puerto Rico Supreme Court in a suit against the "Roman Catholic and Apostolic Church of Puerto Rico” for lack of jurisdiction; the case had been removed to federal court before the relevant orders issued in Puerto Rico's Court of First Instance.
Latest Supreme Court News
Now available on Oyez: This week’s oral argument audio aligned with the transcripts
SCOTUSblog,
Oyez has posted the aligned audio and transcripts from this week’s oral arguments at the Supreme Court. The court heard argument this week in: U.S. Forest Service v. Cowpasture River Preservation Association Opati v. Sudan United States v. Sineneng-Smith Lomax v. Ortiz-Marquez The post Now available on Oyez: This week’s oral argument audio aligned with the transcripts appeared first on SCOTUSblog.
Argument analysis: Does prejudice matter?
SCOTUSblog,
The Supreme Court heard oral argument yesterday in Lomax v. Ortiz-Marquez, this term’s case about the hastily drafted and much-litigated 1996 Prison Litigation Reform Act. Under the PLRA’s “three strikes” provision, 28 U.S.C. § 1915(g), absent “imminent danger of serious physical injury,” prisoners may not file or appeal a federal civil action in forma pauperis if…
How Will Trump’s Supreme Court Remake America?
The New York Times,
On abortion, gun rights and more, the future could be determined by how fully the court’s new conservative majority embraces a rigid understanding of the Constitution.
The Supreme Court Nears the Moment of Truth on Religion
The New York Times,
The majority’s view of the Constitution’s free-exercise clause poses a threat to civil society.
Is a Gunshot Wound a Seizure?
Justia's Verdict,
Cornell law professor Sherry F. Colb comments on a case in which the U.S. Supreme Court will consider whether a police officer who shot and hit a fleeing suspect “seized” that suspect, thereby triggering the Fourth Amendment, even though the wounded suspect escaped the police. Colb explains some of the arguments and predicts an outcome that would affirm precedents and offers a compromise between competing constitutional concerns.
Press Release Regarding Justice Ginsburg
Supreme Court of the United States,
Justice Ruth Bader Ginsburg was admitted to Johns Hopkins Hospital in Baltimore, Maryland, last night after experiencing chills and fever earlier in the day. She was initially evaluated at Sibley Memorial Hospital in Washington, D.C. before being transferred to Johns Hopkins Hospital for further evaluation and treatment of any possible infection. With intravenous antibiotics and fluids, her symptoms have abated and she expects to be released from the hospital as early as Sunday morning....
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Photos of the justices courtesy of the Collection of the Supreme Court of the United States
