In Corner Post, Inc. v. Board of Governors of the Federal Reserve System, 603 U.S. ____ (2024), the U.S. Supreme Court held that a claim under the Administrative Procedure Act (APA) does not accrue for purposes of 28 U.S.C. § 2401(a)’s default six-year statute of limitations until the plaintiff is injured by final agency action. The … The post SCOTUS Clarifies Statute of Limitations for APA Claims appeared first on Constitutional Law Reporter ..read more

In Department of Education v. Louisiana, the U.S. Supreme Court refused to lift preliminary injunctions preventing the Department of Education from implementing a new rule that broadens the definition of sex-based discrimination under Title IX of the Education Amendments of 1972 to prohibit discrimination based on gender identity and sexual orientation in federally funded schools. … The post SCOTUS Upholds Preliminary Injunction Against Title IX Rule Granting Protections to LBGTQ Students appeared first on Constitutional Law Reporter ..read more

In Moody v. NetChoice and NetChoice v. Paxton, 603 U.S. ____ (2024), the U.S. Supreme Court confirmed that social-media platforms have First Amendment interests in exercising editorial discretion over the third-party content. However, the Court remanded the cases back to the lower courts after concluding that neither court properly analyzed “the facial First Amendment challenges” to … The post SCOTUS Remands Content Moderation Cases But Still Delivers First Amendment Lessons appeared first on Constitutional Law Reporter ..read more

In Vidal v. Elster, 602 U.S. ____ (2024), the U.S. Supreme Court held that the names clause of Lanham Act, which prohibits the registration of a mark that consists of a name identifying a particular living individual without their consent, does not violate First Amendment. The Court’s unanimous decision prevents registration of the “Trump too small” … The post Unanimous Supreme Court Rejects First Amendment Challenge to Lanham Act’s Name Clause appeared first on Constitutional Law Reporter ..read more

In Trump v. United States, 603 U.S. ____ (2024), the U.S. Supreme Court held that a former President is entitled to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. It further found that he is entitled to at least presumptive immunity from prosecution for all his official acts, but … The post Presidential Immunity Under Trump v. United States appeared first on Constitutional Law Reporter ..read more

In United States v. Rahimi, 602 U.S. ____ (2024), the U.S. Supreme Court upheld a federal law that prohibits individuals subject to a domestic violence restraining order from possessing a gun. According to the Court, when an individual has been found by a court to pose a credible threat to the physical safety of another, that … The post SCOTUS Clarifies Bruen in Upholding Federal Gun Law appeared first on Constitutional Law Reporter ..read more

Reversing four decades of precedent, the U.S. Supreme Court struck down the Chevron doctrine in its recent decision in Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo. By a vote of 6-3, the Court held that Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether a federal agency … The post Divided Supreme Court Strikes Down Chevron in Landmark Decision appeared first on Constitutional Law Reporter ..read more

In Snyder v. United States, 603 U.S. ____ (2024), the U.S. Supreme Court held that 18 U.S.C. §666, a federal law that makes it a crime for state and local officials to “corruptly” solicit, accept, or agree to accept “anything of value from any person, intending to be influenced or rewarded” for an official act, … The post Supreme Court Rules Bribery Statute Doesn’t Criminalize Gratuities for Past Acts appeared first on Constitutional Law Reporter ..read more

In Coinbase, Inc. v. Suski, 602 U.S. ____ (2024), the U.S. Supreme Court held that where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts — a court must decide which contract governs. Facts of the Case The dispute centered on two contracts executed by Coinbase, Inc., operator of a cryptocurrency exchange platform, and its users. The first contract—the Coinbase User Agreement that users agreed to when they created their accounts—contains an arbitration provision w ..read more

In National Rifle Association of America v. Vullo, 602 U.S. ____ (2024), the U.S. Supreme Court ruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. According to the Court, the NRA plausibly alleged that Maria Vullo violated the First Amendment by coercing regulated entities to terminate their business relationships with the NRA in order to punish or suppress gun-promotion advocacy. Facts of the Case As set forth in the Court’s opinion, DFS regulates insurance companies and financial se ..read more