On Tuesday, February 27th, the Supreme Court will hear oral arguments in United States v. Microsoft Corporation, a case that has garnered worldwide attention. Amicus briefs have been filed by the European Commission on behalf of the European Union, the government of the United Kingdom, and multiple interest groups. The case centers around Microsoft’s web-based … Continue reading In Depth: United States v. Microsoft
In one of the most-anticipated cases of the Term, the Supreme Court will reconsider a 40-year-old precedent regarding the intersection of labor law and the First Amendment. In 1977, in Abood v. Detroit Board of Education, the Court ruled that under the First Amendment, public school teachers could be required to pay union fees, known … Continue reading Labor Law and the First Amendment: Janus v. AFSCME
McCoy v. Louisiana is a capital case in which the defendant’s lawyer, Larry English, conceded that the defendant had killed his alleged victims in the hopes of avoiding a death sentence. The defendant, Robert McCoy, expressly and repeatedly objected to this strategy; he was very clear that he wanted to maintain his innocence. Shortlybefore trial, … Continue reading In Depth: McCoy v. Louisiana
The Court returns to the bench on Tuesday after four weeks without oral arguments, with two Fifth Amendment cases — Currier v. Virginia, which addresses double jeopardy, and City of Hays, Kansas v. Vogt, involving the right against self-incrimination. In Currier, the Court must decide whether a defendant who consents to have multiple charges severed … Continue reading Arguments: Week of February 19, 2018
In two recent decisions, the Court has delved into procedural issues with significant impact on the course of actual litigation. In Artis v. District of Columbia, the issue was what happens to the statute of limitations for state law claims when a plaintiff brings both those claims and federal claims in federal court, but the … Continue reading Opinion Update: Environmental Litigation and Statutes of Limitation
In case you missed them the first time around, here is a roundup of some of the most interesting recent stories about the Supreme Court. Supreme Court Halts Alabama Execution On January 25, the Supreme Court granted a stay of execution for Vernon Madison, a death row inmate in Alabama. In 1994, a jury recommended … Continue reading Supreme Court News Roundup
On January 22, the Court handed down its decision for District of Columbia v. Wesby, a Fourth Amendment case out of the U.S. Court of Appeals for the D.C. Circuit, ruling that the police acted reasonably in their response to a loud party at a vacant house. Justice Thomas wrote an opinion for himself and … Continue reading Latest Fourth Amendment Opinion: District of Columbia v. Wesby
On January 19, the Supreme Court held its last Conference until February 16 and on the same day it announced its decision to grant review in the latest travel ban case, Trump v. Hawaii. This case involves one of several legal challenges to President’s Trump third executive order restricting entry into the country primarily by … Continue reading Conference Report: January 19, 2018 Conference
The Court had two days of oral argument last week. Tuesday, January 16 On Tuesday, the Court heard arguments in Dalmazzi v. United States and Hall v. Hall. In Dalmazzi (consolidated with Ortiz v. United States and Cox v. United States), the justices considered whether a military judge is statutorily or constitutionally precluded from serving … Continue reading Oral Arguments Review: Week of January 16
At its Conference on January 12, the Supreme Court announced that it would hear twelve new cases, including an important Texas voting right case and a potentially significant case about whether states can tax their residents’ purchases from out-of-state vendors. In Abbott v. Perez, the Court agreed to hear a pair of appeals from the … Continue reading Conference Report: January 12, 2018 Conference