Category Archives: Term

Oral Arguments: Native American Tribal Rights and Copyright Requirements

The Supreme Court delved into the complicated history of the relationships between the federal government and Native American tribes on Tuesday, January 8, in Herrera v. Wyoming. In January 2014, Clayvin Herrera, a member of the Crow Tribe in Montana and a tribe game warden, went hunting to find food to feed his family. He, … Continue reading Oral Arguments: Native American Tribal Rights and Copyright Requirements

Oral Argument: Preemption and Mortgage Foreclosures

The Supreme Court began the new year with oral arguments on Monday January 7, 2019. Justice Ginsburg did not join the bench, however, following surgery for cancerous nodules on her lung — the first time she has ever missed oral argument despite a series of health issues over the years. There has been much reporting … Continue reading Oral Argument: Preemption and Mortgage Foreclosures

Oral Argument: Double Jeopardy and Separate Sovereigns

As many observers of the legal drama surrounding President Trump have noted, under current Supreme Court precedent, a state can prosecute someone for a crime after the federal government has already done so — or vice versa. Recently, the Supreme Court heard oral argument in the case of Gamble v. United States, which raises the … Continue reading Oral Argument: Double Jeopardy and Separate Sovereigns

Oral Argument: Disability Benefits and Patents

To obtain Social Security disability benefits, an applicant must first establish that he has a disability. But he can be denied benefits if the Social Security Administration determines that there is work that he can do despite the disability. (See here for a more detailed explanation.) In Biestek v. Berryhill, argued on December 4, the … Continue reading Oral Argument: Disability Benefits and Patents

Oral Argument: State Tax of Federal Pensions & Securities Fraud

On December, the Court heard argument in Dawson v. Steager, which implicates a nearly-200-year-old case: McCulloch v. Maryland, as tax professor Daniel Hemel explains at SCOTUSblog.. In McCulloch, the Court, led by Chief Justice John Marshall, held that the state of Maryland could not tax the Bank of United States, at least as long as … Continue reading Oral Argument: State Tax of Federal Pensions & Securities Fraud

Oral Argument: The First Amendment, Retaliatory Arrest, and Probable Cause

What happens if police officers arrest someone because the officers don’t like the arrestee’s speech — but the officers also have probable cause. Can the arrestee sue for retaliatory arrest in violation of the First Amendment? This was the question in Nieves v. Bartlett, argued on November 26. The case began when two Alaska state … Continue reading Oral Argument: The First Amendment, Retaliatory Arrest, and Probable Cause

Oral Argument: Excessive Fines and the States

The Court heard arguments in Timbs v. Indiana on Wednesday November 28, 2018, in which the Court is being asked to decide whether the Eighth Amendment’s Excessive Fines Clause is incorporated against the States under the Fourteenth Amendment. Before discussing the case and arguments made by both sides, here is a quick primer on background … Continue reading Oral Argument: Excessive Fines and the States

Oral Argument in Apple v. Pepper: An Antitrust Challenge to the App Store

The oral argument in Apple, Inc. v. Pepper, included analogies of cell phone apps to fruits and vegetables. The case presents the question of whether consumers may sue Apple for antitrust damages for the prices they pay for apps. Those prices are set by third parties — the app developers — but the consumers allege … Continue reading Oral Argument in Apple v. Pepper: An Antitrust Challenge to the App Store

Opinion: The Dusky Gopher Frog Faces a Setback at the Court

The Supreme Court issued a unanimous 8-0 opinion in Weyerhaeuser Co. v. United States Fish and Wildlife Service, also known as the dusky gopher frog case. (Chief Justice Roberts, who wrote the opinion, began it with a brief exegesis about the frog, leading to some positive Twitter commentary on his writing style.) The Endangered Species … Continue reading Opinion: The Dusky Gopher Frog Faces a Setback at the Court

The Census Case Grant and Other Orders

On Friday November 16, 2018, the Court granted the petition for certiorari in In Re Department of Commerce, et al., a case in which they previously denied the request to delay a trial over a dispute about whether a question relating to citizenship status should be included on the 2020 census. As The Hill discusses, … Continue reading The Census Case Grant and Other Orders