Recent Decisions
United States v. Briggs (December 10, 2020)
Under the Uniform Code of Military Justice (UCMJ), a military offense, “punishable by death, may be tried and punished at any time without limitation,” 10 U.S.C. 843(a). Other military offenses are subject to a five-year statute of limitations. Three military service members, each convicted of rape...
Tanzin v. Tanvir (December 10, 2020)
The Religious Freedom Restoration Act of 1993 (RFRA) provides a remedy to redress federal government violations of the right to free exercise under the First Amendment. Practicing Muslims sued under RFRA, claiming that federal agents placed them on the No Fly List for refusing to act as informants a...
Carney v. Adams (December 10, 2020)
Delaware’s Constitution contains a political balance requirement for appointments to the state’s major courts. No more than a bare majority of judges on any of its five major courts “shall be of the same political party.” Art. IV, section 3. On three of those courts, those members not in the bare ma...
Rutledge v. Pharmaceutical Care Management Association (December 10, 2020)
Pharmacy benefit managers (PBMs) reimburse pharmacies for the cost of drugs covered by prescription-drug plans by administering maximum allowable cost (MAC) lists. In 2015, Arkansas passed Act 900, which requires PBMs to reimburse Arkansas pharmacies at a price at least equal to the pharmacy’s whole...
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.
Latest Supreme Court News
Opinion analysis: Court throws out challenge to Delaware rules on bipartisanship in judiciary
SCOTUSblog,
The Supreme Court on Thursday tossed out a challenge to a Delaware constitutional provision requiring that appointments to the state’s major courts reflect a political balance. The justices unanimously agreed that John Adams, the Delaware lawyer contesting the requirement, lacks a legal right to sue, known as standing, because he did not show that he…
Opinion analysis: Justices allow Muslim men placed on “no fly” list to sue FBI agents for money damages
SCOTUSblog,
The Supreme Court ruled unanimously on Thursday that three Muslim men who say that they were put on the “no fly” list after they refused to become FBI informants can sue the FBI agents who put them there for money damages. The decision was a significant one not only for the plaintiffs but also for…
17 Republican Attorneys General Back Trump in Far-Fetched Election Lawsuit
The New York Times,
The move is an attempt to bolster a baseless legal effort by Texas that seeks to delay certification of the presidential electors in four battleground states that Mr. Trump lost.
Argument analysis: “Very hard questions” in dispute over Fannie Mae, Freddie Mac shareholder suit
SCOTUSblog,
The Supreme Court heard oral argument on Wednesday in a high-stakes battle over the regulation of mortgage giants Fannie Mae and Freddie Mac in the wake of the 2008 housing crisis. Shareholders in the company have challenged both the constitutionality of the Federal Housing Finance Agency, which Congress created to oversee the two companies, and…
Press Release Regarding January Oral Argument Session
Supreme Court of the United States,
Mandatory Vaccination and the Future of Abortion Rights
Justia's Verdict,
In light of recent news that Pfizer and Moderna have apparently created safe and effective vaccines against COVID-19, Cornell law professor Michael C. Dorf considers whether the government can mandate vaccination for people who lack a valid medical reason not to get vaccinated. Dorf briefly addresses issues of federalism and religious objections to vaccination and then addresses the question whether mandatory vaccination might be inconsistent with a right to abortion.
Current Supreme Court Justices
Chief Justice of the United States
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Photos of the justices courtesy of the Collection of the Supreme Court of the United States
