SCOTUS Kicks Off January 2024 Session With Five Cases
Constitutional Law Reporter
by DONALD SCARINCI
1M ago
The U.S. Supreme Court returned from recess on January 4, 2024. The Court’s January session will feature some of the Term’s biggest cases, with several testing the limit of the federal government’s regulatory power.  To kick off the session, the justices heard oral arguments in five cases. Below is a brief summary of the issues before the Court: Federal Bureau of Investigation v. Fikre: The case revolves around the “No Fly List” established by the federal government in the wake of the September 11 attacks. Individuals are sometimes removed from the No Fly List during ongoing litigation a ..read more
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SCOTUS to Take on Sixth Amendment’s Confrontation Clause
Constitutional Law Reporter
by DONALD SCARINCI
1M ago
The U.S. Supreme Court’s January docket features several closely watched cases involving constitutional law. In Smith v. Arizona, the justices will address whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a non-testifying forensic analyst. Facts of the Case Jason Smith was convicted and sentenced for possessing dangerous drugs, marijuana for sale, narcotic drugs, and drug paraphernalia. At the trial, the State of Arizona called Department of Public Safety (DPS ..read more
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Supreme Court Agrees to Hear Case Over Access to Abortion Pill
Constitutional Law Reporter
by DONALD SCARINCI
1M ago
The U.S. Supreme Court recently agreed to take on another controversial abortion dispute. The consolidated cases before the justices this time around involve access to a drug used in medical abortions. The decision will be closely watched given the Court’s decision in Dobbs v. Jackson Women’s Health Organization, which abolished the constitutional right to an abortion. Facts of the Case The case concerns mifepristone, a drug that the U.S. Food and Drug Administration (FDA) approved in 2000 as safe and effective for terminating early pregnancies. Upon approval, theFDA imposed a number of condi ..read more
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SCOTUS to Consider Obstruction Statute at Issue in Jan. 6 Prosecutions
Constitutional Law Reporter
by DONALD SCARINCI
1M ago
The U.S. Supreme Court recently granted certiorari in Fischer v. United States. The case challenges the D.C. Circuit Court of Appeals’ interpretation of a federal statute prohibiting obstruction of congressional inquiries and investigations. The law has been used in the prosecutions of numerous defendants charged in connection with the Jan. 6 attack on the Capitol, including former President Donald Trump. Facts of the Case The key issue before the Court is whether individuals who allegedly assaulted law enforcement officers while participating in the Capitol riot can be charged with ..read more
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SCOTUS Issues Term’s First Decision – Finds ADA Case Moot
Constitutional Law Reporter
by DONALD SCARINCI
2M ago
The U.S. Supreme Court recently issued the term’s first decision in an argued case. In Acheson Hotels, LLC v. Laufer, 601 U.S. ____ (2023), the Court unanimously held the case is moot, declining to reach a closely watched issue of “tester” standing under the Americans With Disabilities Act (ADA). Facts of the Case The Supreme Court granted review to consider whether Deborah Laufer has Article III standing to sue hotels whose websites failed to state whether they have accessible rooms for the disabled as required by the Americans with Disabilities Act of 1990, even if Laufer had no thought of ..read more
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SCOTUS Adds Two Additional Gun Rights Cases to Docket
Constitutional Law Reporter
by DONALD SCARINCI
2M ago
The U.S. Supreme Court continues to add high-profile gun rights cases to its docket. One of the new cases involves a First Amendment challenge brought by the National Rifle Association (NRA). The second case centers on whether a “bump stock” – an attachment that converts a semiautomatic rifle into a fully automatic weapon – qualifies as a “machinegun” under federal law. National Rifle Association of America v. Vullo The NRA alleges that Maria T. Vullo, the former Superintendent of the New York State Department of Financial Services (DFS), used her regulatory power to threaten NRA business par ..read more
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Supreme Court Hears Oral Arguments in Three Cases
Constitutional Law Reporter
by DONALD SCARINCI
2M ago
The U.S. Supreme Court heard oral arguments in three cases this week, with the Second Amendment taking center stage. In the wake of the country’s most recent mass shooting, the justices considered a case that could overturn a federal gun law. The case, United States v. Rahimi, challenges a federal law prohibiting the possession of a firearm by anyone who is the subject of a domestic violence restraining order. While the Fifth Circuit initially upheld the statute, it reversed course following the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, 597 U.S ..read more
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Second Amendment Back at Supreme Court
Constitutional Law Reporter
by DONALD SCARINCI
2M ago
The U.S. Supreme Court recently heard oral arguments in its first significant Second Amendment case in two years. The case, United States v. Rahimi, will decide whether a federal law banning the possession of guns by individuals who are subject to domestic violence restraining orders is constitutional.  Facts of the Case Between December 2020 and January 2021, Zackey Rahimi was involved in five shootings in and around Arlington, Texas. Officers in the Arlington Police Department eventually identified Rahimi as a suspect in the shootings and obtained a warrant to search his home. Officers ..read more
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SCOTUS Tackles Key Constitutional Issues as It Kicks Off November Session
Constitutional Law Reporter
by DONALD SCARINCI
3M ago
The U.S. Supreme Court resumed oral arguments on October 30, as it begins its November session. The cases before the justices this session involve significant issues of constitutional law including due process, free speech, and gun rights. Below is a brief summary of the cases before the Court: Culley v. Marshall: The case arises out of the seizure and retention of the plaintiffs’ vehicles under Alabama’s Civil Asset Forfeiture (CAF) statute. Neither plaintiff/owner was present when the vehicle was seized, and they were never charged with any crime. While the plaintiffs ultimately prevailed o ..read more
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SCOTUS to Determine Future of Chevron Deference
Constitutional Law Reporter
by DONALD SCARINCI
3M ago
The U.S. Supreme Court has now granted certiorari in two cases challenging the continued viability of its long-standing decision in Chevron v. Natural Resources Defense Council. The two cases, which will be heard sometime in January, both ask the Court to overrule or at least curtail so-called “Chevron deference.” Precedent Established in Chevron Under the U.S. Supreme Court’s decision in Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (1984), courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with admini ..read more
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