SCOTUS Fails to Identify Leaker of Dobbs Opinion
Constitutional Law Reporter
by DONALD SCARINCI
6h ago
The U.S. Supreme Court has failed to discover who leaked a draft of the Court’s opinion in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. According to the Court’s investigatory report, the Court “has to date been unable to identify a person responsible by a preponderance of the evidence.” Supreme Court Leak Investigation The months-long investigation, which was conducted by the Marshal of the Supreme Court, involved forensic analysis and interviews of nearly 100 people. According to the Court’s 20-page report, it “is unlikely that the Court’s information ..read more
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SCOTUS Kicks Off February Session With Four Cases
Constitutional Law Reporter
by DONALD SCARINCI
3d ago
The U.S. Supreme Court returned to the bench this week to begin their February session. The justices heard oral arguments in four cases, two of which involved labor disputes. In the most high-profile case of the week, the Court addressed the scope of the attorney-client privilege when an attorney provides both legal and non-legal advice. Below is a brief summary of the issues before the Court: In re Grand Jury: The case involves the scope of the attorney-client privilege when an attorney is providing both legal and non-legal advice to a client. Supreme Court intervention is necessary because ..read more
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Supreme Court Adds Two Sixth Amendment Cases to Docket
Constitutional Law Reporter
by DONALD SCARINCI
6d ago
The U.S. Supreme Court recently agreed to consider two cases involving the Sixth Amendment to the Constitution. The first, Smith v. United States, asks the justices to determine the proper remedy when a defendant is tried and convicted in the wrong venue. The second case, Samia v. United States, will decide whether a defendant’s rights under the Confrontation Clause were violated when his codefendant’s redacted out-of-court confession was admitted during his trial. Smith v. United States Defendant Timothy Smith is a software engineer and avid angler who obtained the coordinates of a ..read more
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SCOTUS Leaves Title 42 in Place Temporarily
Constitutional Law Reporter
by DONALD SCARINCI
1w ago
In Arizona et al. v. Alejandro Mayorkas et al., the U.S. Supreme Court agreed to keep the federal government’s Title 42 policy in place while legal challenges continue. By a vote of 5-4, the justices stayed a lower court decision that would have lifted the policy on December 21, 2022. The Court treated the application for stay as a writ of certiorari and agreed to consider whether nineteen Republican-led states should be allowed to intervene in the suit to defend Title 42. Facts of the Case In response to the then-emerging COVID-19 pandemic, the Centers for Disease Control and Prevention (CDC ..read more
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The Biggest Cases the Supreme Court Will Hear in 2023
Constitutional Law Reporter
by DONALD SCARINCI
2w ago
The U.S. Supreme Court is about one-third of the way through its current term as it enters the new year. As in the past, some of the biggest cases will be heard in the final six months. Important issues before the justices will include the lawfulness of the Biden Administration’s student loan forgiveness plan and tech companies’ liability for user content. Below is a brief preview of the cases before the Court: Gonzalez v. Google LLC: This closely-watched case involves the scope of Section 230 of the Communications and Decency Act of 1996, a statute that grants Internet companies im ..read more
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Supreme Court to Consider Challenges to Student Loan Forgiveness Plan
Constitutional Law Reporter
by DONALD SCARINCI
3w ago
The U.S. Supreme Court has agreed to consider two cases challenging the Biden Administration’s student loan forgiveness plan. The key issues in the cases are whether the challengers have standing and whether the Department of Education exceeded its authority in enacting the debt relief plan. Facts of the Cases The Biden Administration’s plan relies on the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act) to provide debt relief to federal student loan borrowers affected by the COVID-19 pandemic. The Department of Education intends to provide up to $20,000 in debt reli ..read more
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Supreme Court to Consider Jack Daniels Trademark Case
Constitutional Law Reporter
by DONALD SCARINCI
1M ago
The U.S. Supreme Court recently added to its growing list of high-profile intellectual property cases, agreeing to consider Jack Daniel’s Properties, Inc. v. VIP Products LLC. The trademark case involves a dog toy, “Bad Spaniels,” that imitates a Jack Daniel’s whiskey bottle and asks the Court to clarify where courts should draw the line between parody and trademark infringement. Facts of the Case Respondent VIP Products LLC (VIP) sells the “Bad Spaniels Silly Squeaker” dog toy, which resembles a bottle of Jack Daniel’s Old No. 7 Black Label Tennessee Whiskey, but has light-hearted, dog-relat ..read more
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Supreme Court Considers Scope of Federal Bribery Law
Constitutional Law Reporter
by DONALD SCARINCI
1M ago
Last week, the U.S. Supreme Court heard oral arguments in four cases. One of the most closely watched is Percoco v. United States, which involves the scope of a key federal bribery law. The question before the justices is whether private citizens can owe a fiduciary duty to the public and therefore be guilty of honest-services fraud. In convicting Joseph Percoco, who served as campaign manager for New York Gov. Andrew Cuomo’s reelection campaign, the Second Circuit Court of Appeals held that if a private person exercises enough de facto influence over government decision-making or that s ..read more
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Justices Consider Making It Easier to Challenge Regulatory Power of Federal Agencies
Constitutional Law Reporter
by DONALD SCARINCI
1M ago
The Supreme Court heard oral arguments in five cases last week. Two of the cases involve whether litigants must wait for administrative proceedings to conclude before challenging the authority of federal agencies in federal court. Additional issues before the Court included where corporations can be sued and the enforcement of spending clause legislation. Below is a brief summary of the cases before the Court: Securities and Exchange Commission v. Cochran: The Court considered two cases arguing that challenges to agency proceedings should not have to wait until the end of those proceedings b ..read more
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SCOTUS Agrees to Hear Case With Potential to Reshape Internet
Constitutional Law Reporter
by DONALD SCARINCI
1M ago
The U.S. Supreme Court recently agreed to consider Google v. Gonzalez, which involves the scope of Section 230 of the Communications and Decency Act of 1996, a statute that predates the rise of platforms like Twitter, Google, and YouTube. The specific issue before the Court is whether Section 230 immunizes these computer services when they recommend content to users. The Facts of the Case Section 230 of the Communications Decency Act shields providers of “interactive computer service[s],” including websites, from claims that seek to treat the provider “as the publisher or speaker of any infor ..read more
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