On Monday the U.S. Supreme Court issued its decision in Horne v. Department of Agriculture, reversing the Ninth Circuit and declaring an agricultural marketing program dating back to the 1930s an unconstitutional takings. Chief Justice Roberts wrote the decision for the court, joined, predictably, by Justices Alito, Scalia, Kennedy and Thomas. Justice Breyer, joined by … Continue reading Horne v. Department of Agriculture—Personal Property and Per Se Takings
The folks at Oyez have put together an infographic of the seven opinions the Supreme Court has left to issue this Term, including those on same-sex marriage, the Affordable Care Act, and lethal injection. Get the scoop on these cases below, and be sure to visit oyez.org for the full story.
June marks the home stretch for the Supreme Court, the closing month of the annual term that began the previous October. No more cases are to be argued. From now until the Court finishes its work for the year, the justices convene the Court at least once a week (more as the end gets closer) … Continue reading This Term at the Supreme Court—What Remains?
This Monday, June 1, 2015, the Supreme Court handed down its long-awaited decision in Elonis v. United States. In a 7-2 ruling by Chief Justice John G. Roberts, Jr., the Court narrowed the circumstances under which individuals can be convicted of making criminal threats under federal law when they post statements on social media like … Continue reading Elonis v. United States: Treading Carefully with Regard to Threats and Free Speech
Abercrombie & Fitch wants its employees to look a certain way. Company employees decided not to hire Samantha Elauf, a well qualified 17-year-old Muslim girl, because they felt the black head scarf she wore to her job interview did not fit their “look” policy. Yesterday, in Equal Employment Opportunity Commission v. Abercrombie & Fitch, the … Continue reading Religious Rights in the Workplace
On Wednesday, the Supreme Court heard oral argument in two cases, the final oral arguments scheduled this Term. Thanks to all who indulged my predictions for this Term. It’s been a fun, but at times rocky ride. I will have a more in depth review of my past predictions and success/failure rate this summer. I … Continue reading Predicting the Winners in Glossip v. Gross and Mata v. Holder
On Monday, the Supreme Court heard oral argument in Kingsley v. Hendrickson, which asks whether the requirements of a 42 U.S.C. § 1983 excessive force claim brought by a plaintiff who was a pretrial detainee at the time of the incident are satisfied by a showing that the state actor deliberately used force against the … Continue reading Predicting the Winner in Kingsley v. Hendrickson
Turning to the other big case of the week…. Earlier today, the Supreme Court heard oral arguments in Glossip v. Gross, a challenge to the three-drug lethal injection protocol Oklahoma uses for its executions. The challengers argue that the procedure violates the ban on “cruel and unusual punishments” found in the Eighth Amendment of the … Continue reading The Supreme Court and Firing Squads
What did we learn from yesterday’s oral arguments in the historic same-sex marriage cases? The basic take-away seems to be that the issue looks a lot harder inside the Supreme Court than it does outside. The run of success for the cause of same-sex marriage—in state legislatures and referenda, in state courts and the lower … Continue reading Oral Arguments in the Same-Sex Marriage Cases—What Did We Learn?
The Supreme Court heard oral argument in the historic case of Obergefell v. Hodges, the same-sex marriage cases, which ask two questions: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?, and 2) Does the Fourteenth Amendment require a state to recognize a marriage between … Continue reading Predicting the Winner in Obergefell v. Hodges, the Same-Sex Marriage Cases