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May 17, 2022 | SCOTUS Wraps Up Oral Arguments for the Term
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Expressions Hair Design v Schneiderman: First Amendment Protects NY Credit Card Surcharge Ban
In a unanimous decision, the U.S. Supreme Court ruled that a New York law prohibiting merchants from charging surcharges for paying via credit card is subject to scrutiny under the First Amendment. The Court’s narrow decision in Expressions Hair De...
Moore v Texas: Death Penalty Standard for Mentally Disabled Violates Eighth Amendment
In Moore v Texas, 581 U. S. ____ (2017), the U.S. Supreme Court held that the standard used by the State of Texas to determine whether a mentally disabled defendant can be subjected to the death penalty violated the Constitution. By a vote of 5-3, th...
Federal Judge John Pickering Remebered For His Impeachment
John Pickering served as chief justice of the New Hampshire Superior Court of Judicature and as a judge for the U.S. District Court for the District of New Hampshire. However, he is most remembered as the first federal officer to be impeached. Earl...
Article 2 “Advice and Consent” Limits Appointment Power of the President
In National Labor Relations Board v. SW General, the Supreme Court limited the President’s ability to fill vacancies under the Federal Vacancies Reform Act of 1998 (FVRA). By a vote of 7-2, the Court held that a person can’t serve in an acting ca...
U.S. Supreme Court Expands Disabled Students’ Rights Under IDEA
In Endrew F v Douglas County School District, the U.S. Supreme Court ruled that public schools have an obligation to provide a special education program that will allow a disabled student to make progress that is appropriate in light of the child’s...
Beckles v United States Upholds Constitutionality of Federal Sentencing Guidelines
In Beckles v United States, 580 U. S. ____ (2017), the U.S. Supreme Court upheld the constitutionality of the country’s federal sentencing guidelines. By a vote of 7-0, the Court held that the Federal Sentencing Guidelines, including Section 4B1.2...
SCOTUS Hears Oral Arguments in Six Cases
The U.S. Supreme Court heard oral arguments in six cases last week. The most noteworthy case is Murr v. Wisconsin, which involves the Takings Clause of the Fifth Amendment. The specific question before the Court in Murr is whether physically contiguo...
Racial Bias Trumps Juror Secrecy in Pena-Rodriguez v Colorado
A divided U.S. Supreme Court recently held that while jury deliberations should normally be kept secret, racial or ethnic bias mandates an exception to the rule. The court decided Pena-Rodriguez v Colorado, 580 U. S. ____ (2017) by a vote of 5-3. Fa...
Gloucester County School Board v GG Transgender Case Returned to Lower Court
The U.S. Supreme Court will not decide the potential blockbuster transgender bathroom case anytime soon. The justices recently remanded Gloucester County School Board v GG back to the Fourth Circuit Court of Appeals. Facts of Gloucester C...
Fry v Napoleon Community Schools Defines Difference between Disability and Education Claims
The U.S. Supreme Court recently released its decision in Fry v Napoleon Community Schools. The justices unanimously held that exhaustion of the administrative procedures established by the Individuals with Disabilities Education Act (IDEA) is unneces...
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...
