US Supreme Court Center
Recent Decisions
Mckesson v. Doe (November 2, 2020)
Supreme Court vacates a Fifth Circuit holding that the First Amendment does not bar tort liability for a violent incident during a protest; certification of state tort law questions to the Louisiana Supreme Court is advisable.
Taylor v. Riojas (November 2, 2020)
Supreme Court vacates a grant of qualified immunity: No reasonable correctional officer could have concluded that the confinement of an inmate, for several days, in a cell filled with sewage, was constitutionally permissible.
Trump v. Vance (July 9, 2020)
With regard to a state subpoena for his private papers, a President stands in “nearly the same situation with any other individual.”
Trump v. Mazars USA, LLP (July 9, 2020)
Lower courts did not adequately consider separation of powers concerns implicated by congressional subpoenas for the President’s personal financial information.
McGirt v. Oklahoma (July 9, 2020)
Land reserved for the Creek Nation remains "Indian Country" so that crimes committed on that land must be prosecuted in federal court under the Major Crimes Act.
Latest Supreme Court News
The Affordable Care Act Faces Another Supreme Court Test
The New York Times,
Though the court’s conservative majority has been bolstered by three Trump appointees, the law’s challengers will face headwinds.
Argument analysis: Justices consider whether crimes of recklessness require longer sentences under Armed Career Criminal Act
SCOTUSblog,
In Tuesday’s oral argument in Borden v. United States, the justices proposed hypothetical conduct to ascertain whether a crime of recklessness qualifies as a violent felony under the Armed Career Criminal Act’s “elements clause” or “force clause.” The scenarios included: Waving one’s arms; Swinging a bat; Shooting a hat off a person’s head; Attempting to…
With No Evidence of Fraud, Trump Fails to Make Headway on Legal Cases
The New York Times,
The president appeared to have little path through the courts to shift the outcome of the election, leaving him reliant on long shots like recounts or pressure on state legislatures.
Case preview: When does a statutory “judgment bar” prevent lawsuits against federal officers for constitutional violations?
SCOTUSblog,
Twenty-one-year-old college student James King was walking between his summer jobs one afternoon. On his walk, he was approached by two plain-clothes officers, Douglas Brownback and Todd Allen, who were assigned to an FBI fugitive task force in Grand Rapids, Michigan. Brownback and Allen were on the lookout for a home invasion suspect. They did…
Pope Francis’s Statement Endorsing Same-Sex Civil Unions Undermines the Moral Legitimacy and Legal Arguments in Fulton v. City of Philadelphia
Justia's Verdict,
David S. Kemp, a professor at Berkeley Law, and Charles E. Binkley, MD, the director of bioethics at Santa Clara University’s Markkula Center for Applied Ethics, consider the implications of Pope Francis’s recently revealed statement endorsing same-sex civil unions as they pertain to a case currently before the U.S. Supreme Court. Kemp and Binkley argue that the Pope’s statement undermines the moral legitimacy of the Catholic organization’s position and casts a shadow on the premise of its legal arguments.
Amy Coney Barrett Oath Ceremony
Supreme Court of the United States,
Chief Justice John G. Roberts, Jr., will administer the Judicial Oath to the Honorable Amy Coney Barrett, as the 103rd Associate Justice of the Supreme Court, in a private ceremony tomorrow, October 27, 2020, in the East Conference Room at the Supreme Court. Upon administration of that oath, she will be able to begin to participate in the work of the Court.
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Photos of the justices courtesy of the Collection of the Supreme Court of the United States