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Recent Decisions

BP p.l.c. v. Mayor and City Council of Baltimore (May 17, 2021)
Baltimore sued energy companies in Maryland state court, alleging that they concealed the environmental impacts of the fossil fuels they promoted. The companies removed the case to federal court invoking, among other grounds, the federal officer removal statute, 28 U.S.C. 1442. The district court re...

CIC Services., LLC v. Internal Revenue Service (May 17, 2021)
IRS Notice 2016–66 requires taxpayers and “material advisors” to report information about "micro-captive" insurance agreements. The consequences for non-compliance include civil tax penalties and criminal prosecution. Before the first reporting deadline, CIC challenged the Notice as invalid under th...

Edwards v. Vannoy (May 17, 2021)
In 2007, a Louisiana jury found Edwards guilty of armed robbery, rape, and kidnapping. Louisiana law then permitted non-unanimous jury verdicts if at least 10 of the 12 jurors found the defendant guilty; 11 of 12 Edwards jurors returned a guilty verdict as to some crimes, and 10 of 12 jurors returne...
Caniglia v. Strom (May 17, 2021)
During an argument with his wife, Caniglia placed a handgun on a table and asked his wife to “shoot [him] and get it over with.” His wife left and spent the night at a hotel. The next morning, unable to reach her husband by phone, she called the police to request a welfare check. Officers encountere...
Niz-Chavez v. Garland (April 29, 2021)
A notice to appear in removal hearings, sufficient to trigger the "stop-time rule," is a single document containing all the information about that hearing specified in section 1229(a)(1), including time and place.
Latest Supreme Court News
Supreme Court Gives Big Oil a Win in Climate Fight With Cities
The New York Times,
But in the case, filed by the city of Baltimore, the high court gave the fossil fuel industry far less than it had asked for.
Supreme Court to Hear Abortion Case Challenging Roe v. Wade
The New York Times,
The case, arising from a Mississippi law that bans most abortions after 15 weeks, could undermine the constitutional right established in Roe v. Wade.
Court revives federal appeal for oil and gas companies in climate-change case
SCOTUSblog,
The Supreme Court on Monday gave a major boost to a group of oil and gas companies that are seeking to stay out of state court and defend a lawsuit against them in federal court instead. By a vote of 7-1 (with Justice Samuel Alito... The post Court revives federal appeal for oil and gas companies in climate-change case appeared first on SCOTUSblog.
In unanimous Fourth Amendment ruling, a reminder that there is, in fact, no place like home
SCOTUSblog,
On Monday, the Supreme Court released its opinion in Caniglia v. Strom, which unanimously held that a lower court’s extension of Cady v. Dombrowski’s “community caretaking” exception into the home defied the logic and holding of Cady, as well as violated the Fourth Amendment’s warrant... The post In unanimous Fourth Amendment ruling, a reminder that there is, in fact, no place like home appeared first on SCOTUSblog.
Gail A. Curley named Marshal of the Supreme Court of the U.S.
Supreme Court of the United States,
Colonel Gail A. Curley has been appointed the new Marshal of the Supreme Court of the United States. She will be the eleventh Marshal of the Court and the second woman to hold the position. She succeeds Pamela Talkin, who retired on July 31, 2020 after 19 years as Marshal. Col. Curley is expected to assume her new duties on June 21, 2021. As Marshal, Col. Curley will serve as the Court's chief security officer, facilities administrator, and contracting executive, managing approximately 260...
Exploring the Meaning of and Problems With the Supreme Court’s (Apparent) Adoption of a “Most Favored Nation” Approach to Protecting Religious Liberty Under the Free Exercise Clause: Part One in a Series
Justia's Verdict,
In this first of a series of columns, Illinois Law dean Vikram David Amar and UC Davis Law professor emeritus Alan E. Brownstein discuss the U.S. Supreme Court’s apparent adoption of a “most favored nation” approach to protecting religious liberty under the Free Exercise Clause. Dean Amar and Professor Brownstein describe some of the problems with this approach and point out that the reason religious exercise receives constitutional recognition and protection is not because the Constitution assigns some heightened value to religious belief and practices over secular interests, but because we do not want the state to interfere with religious choice and the autonomy of religious individuals to associate with a religion of their choice.
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Photos of the justices courtesy of the Collection of the Supreme Court of the United States