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May 17, 2022 | SCOTUS Wraps Up Oral Arguments for the Term
Month: February 2016
United States v. Texas Addresses Presidential Use of Executive Orders
In January, the U.S. Supreme Court added another potential blockbuster case to the current Term. In United States v. Texas, the justices will consider whether President Obama’s use of executive action to further his immigration policy violated the ...
Livingston v. Van Ingen: NY Appeals Court Tackles Commerce Clause
In Livingston v. Van Ingen, 9 Johns. R. 507 N.Y. 1812, the New York Court for the Correction of Errors upheld a New York statute authorizing a monopoly on steam boat transportation in New York waters. The appeals court decision, which was later n...
The U.S. Supreme Court’s Case Docket For February
The U.S. Supreme Court returns from recess on February 22, 2016 without Justice Antonin Scalia. Below is a brief summary of the Supreme Court’s Case Docket that the Eight justices will consider this month. Kingdomware Technologies, In...
Liberal Commentators on the Presidential Eligibility Clause and Originalism
Both Professors Larry Tribe and Thomas Lee are playing a game of “gotcha” with Ted Cruz when it comes to defining “natural born citizen” under the Presidential Eligibility Clause. Yet, neither are very convincing in their arguments that, base...
Lochner v. New York: Liberty of Contract
In Lochner v. New York, 198 U.S. 45 (1905), the U.S. Supreme Court struck down a New York law that established maximum working hours for bakers. According to the majority, the right to buy and sell labor was a liberty interest protected under the...
Kansas v. Carr: Capital Sentencing Under the Eighth Amendment
In Kansas v. Carr, 577 U. S. ____ (2016), the U.S. Supreme Court addressed the constitutionality of jury instructions used in two Kansas capital murder cases. The justices ruled that the Eighth Amendment does not mandate that courts instruct ...
Supreme Court Upholds Antitrust Act in Northern Securities Co. v. United States
In Northern Securities Co. v. United States, 193 U.S. 197 (1904), the U.S. Supreme Court held that a holding company formed to create a railroad monopoly violated the Sherman Antitrust Law. The government’s victory in the case helped solidify P...
Montgomery v. Louisiana: Juvenile Sentencing Decision Is Retroactive
In Montgomery v. Louisiana, 577 U. S. ____ (2016), the U.S. Supreme Court addressed how state courts should apply its decision in Miller v. Alabama, in which the Court held that the Eighth Amendment prohibits a sentencing scheme that requires life in...
Pollock v. Farmers Loan & Trust Co.: Federal Income Tax Violated the Constitution
In Pollock v. Farmers Loan & Trust Co., 157 U.S. 429 (1895), the U.S. Supreme Court held that federal taxes on interest, dividends and rents violated Article 1 of the U.S. Constitution. In 1913, the adoption of the Sixteenth Amendment nullifi...
Previous Articles
SCOTUS Wraps Up Oral Arguments for the Term
by DONALD SCARINCI on May 17, 2022
The U.S. Supreme Court has concluded its oral arguments for the October 2021 Term. The justices hea...
SCOTUS Rules Censure of Elected Board Member Didn’t Violate First Amendment
by DONALD SCARINCI on May 10, 2022
In Houston Community College System v. Wilson, 595 U.S. ____ (2022), the U.S. Supreme Court held th...
Supreme Court Breach Is Not the First Involving Roe v. Wade
by DONALD SCARINCI on
The recent disclosure of Justice Samuel Alito’s decision purporting to overturn Roe v. Wade is ar...
