Supreme Court decision syllabus (SCOTUS)

By Jake Leahy

Listen to a podcast, please open Podcast Republic app. Available on Google Play Store.


Category: Government

Open in Apple Podcasts


Open RSS feed


Open Website


Rate for this podcast

Subscribers: 132
Reviews: 0
Episodes: 367

Description

The Supreme Court decision syllabus, read without personal commentary. See: Wheaton and Donaldson v. Peters and Grigg, 33 U.S. 591 (1834) and United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Photo by: Davi Kelly. Founded by RJ Dieken. Now hosted by Jake Leahy.

*Note this podcast is for informational and educational purposes only. Hosted by a non-attorney.*


Episode Date
Glacier Northwest v. Teamsters (Labor)
502

In Glacier Northwest v. Teamsters, the Supreme Court reviewed whether the National Labor Relations Act preempts Glacier's state tort law claims that allege the Teamsters intentionally destroyed the company's concrete trucks when the truckers did not complete their deliveries in transit.  The Court held that these claims were not preempted by federal law, reasoning that it is well-established that the NLRA does not protect striking workers who fail to take reasonable precautions to protect against property damage. Read by Jake Leahy. 

Jun 02, 2023
Slack Technologies v. Pirani (Securities Act)
519

In Slack Technologies v. Pirani the Court held that Section 11 of the Securities Act of 1933 requires the plaintiff to prove that they purchased securities that were registered under a materially misleading registration statement. The Court rejected the argument that the term "such security" could include securities that were not registered under an allegedly misleading registration statement. Read by Jeff Barnum. 

Jun 02, 2023
U.S. ex rel. Schutte v. SuperValu Inc. (False Claims Act)
450

Supreme Court's decision is here. 

The False Claims Act allows for private citizens to bring a cause of action on behalf of the United Sates, against a person who "knowingly" submits a "false claim" to a federal program. The defendant can meet the knowledge requirement by, 1.) actual knowledge that the reported prices were not "usual and customary," 2.) being aware of a substantial risk that the retail prices were not usual and customary, or 3.) awareness of a substantial and unjustifiable risk but the defendant decided to submit the claim regardless. The Court adopted a subjective standard, even if an objective test would not meet the same requirement. 

Jun 02, 2023
Dupree v. Younger (1983 Post-Trial Motion)
334

In Dupree v. Younger, the Supreme Court addressed whether a post-trial motion of a purely legal issue that was resolved at summary judgment, requires a post-trial motion to be preserved on appeal. Kevin Younger sued Neil Dupree, who was a correctional officer under Section 1983. Dupree moved for summary judgment alleging that Younger had failed to exhaust administrative remedies. The district court denied the motion. After Younger prevailed at trial by obtaining $700,000 in damages, Dupree appealed alleging the district court improperly dismissed the suit. Under Fourth Circuit precedent, that court ruled against Younger reasoning that he was required to file a Rule 50 post-trial motion to preserve the issue on appeal. The Supreme Court reversed, finding that pure questions of law resolved in summary judgment do not require a post-trial motion to preserve the issue for appeal. The Court writes in the syllabus: "And it makes sense: Factual development at trial will not change the district court’s pretrial answer to a purely legal question, so a post-trial motion requirement would amount to an empty exercise." Read by Jake Leahy. 

May 28, 2023
Sackett v. EPA (Clean Water Act)
1030

In Sackett v. Environmental Protection Agency, the Supreme Court examines the scope the terms "waters" under the Clean Water Act. The EPA ordered the Sackets, who purchased property in Idaho, to restore the property after the family had backfilled it with dirt. The EPA claimed that putting dirt on their property violated the Clean Water Act, and threatened the family with $40,000 in penalties daily. 

The Sacketts claimed that the Clean Water Act did not apply as "waters of the United states" refers only to permanent bodies of water, such as streams, rivers, lakes, and adjacent wetlands that have a continuous surface connection to those bodies of water.  The EPA asked the Court for a broader interpretation of the statute. The Court ruled against the EPA, reasoning that there must be a clear connection between wetlands and traditionally navigable waters to obtain jurisdiction under the Clean Water Act. Read by guest host Jeff Barnum. 

May 28, 2023
Tyler v. Hennepin County (Takings Clause)
368

In Tyler v. Hennepin County, Chief Justice Roberts writes for the majority, reversing the Eighth Circuit. The District Court and Circuit Court had rejected a taxpayer's claim that Hennepin County keeping the $25,000 surplus after a tax sale violated both the Takings Clause under the Fifth Amendment and the prohibition on excessive fines under the Eighth Amendment. The Court reversed, finding that the state is not entitled to recover the surplus after a property is sold after the owner's failure to pay real estate taxes. 

May 28, 2023
Calcutt v. FDIC (Administrative Review)
786

The Supreme Court reversed the Sixth Circuit Court of Appeals, reasoning that the Court of Appeals must reverse the administrative agency if it reaches the same outcome for a different reason. Once an administrative agency has made an error of law, the decision must be remanded back to the administrative agency. Per Curiam. Read by Jake Leahy.

May 23, 2023
Andy Warhol Foundation v. Goldsmith (Copyright Fair Use)
1158

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al., the Supreme Court ruled that the commercial licensing of a derivative artwork by Andy Warhol, based on a copyrighted photograph taken by Lynn Goldsmith, did not qualify as fair use. The case involved the licensing of Warhol's "Orange Prince" image. This well-known image includes a silkscreen portrait of musician Prince, which was derived from Goldsmith's photograph. The Court found that despite adding new expression, meaning, or message to the photograph, the purpose and character of the use were not sufficiently distinct from the original work. Held: the “purpose and character” of the Warhol' use of Goldsmith’s original photograph in commercially licensing Orange Prince to Condé Nast does not favor Warhol's fair use defense to copyright infringement. Justice Sotomayor delivered the Opinion of the Court. Justice Kagan filed a dissenting Opinion, which Chief Justice Roberts joined.  Read by guest host Jeff Barnum. 

May 20, 2023
Ohio Adjutant General’s Dept. v. FLRA (Labor)
440

In Ohio Adjutant General's Department v. FLRA, the Supreme Court ruled that the Federal Service Labor-Management Relations Statute (FSLMRS) grants jurisdiction to the Federal Labor Relations Authority (FLRA) over labor disputes involving state National Guards when they hire and supervise dual-status technicians in their civilian roles. These technicians are both employed by the Ohio National Guard, as well as the Army and the Air Force.  The Court's decision was based on three main reasons,  1.) statutory terms, 2.) the authority granted to the Ohio Adjutant General, and 3.) the historical precedent of federal agency-employee relations. Justice Thomas delivered the Opinion of the Court (7-2), Justice Alito filed a dissent, in which Justice Gorsuch joined. Read by guest host Jeff Barnum. 

May 20, 2023
Gonzalez v. Google (Section 230)
294

On the same day, the Court released its decision in Twitter v. Taamneh. The Court largely disposed of the claims in Twitter, stating that Taamneh had failed to state a claim under the federal statute. Here, the Court in its per curiam opinion, writes that it need not consider the veracity of the Section 230 claims because Twitter's reasoning requires disposal of the claims here. Read by Jake Leahy.

May 20, 2023
Amgen Inc. v. Sanofi (Patent)
694

The patent requires certain particularity, such that any person skilled in the craft would be able to manufacture, make, construct, or use the invention. The Court held that Amgen's patent failed to provide the detail required to protect its interest, in part, because the patent applies to a wide range of antibodies and requires a certain level of trial/error for a skilled person to replicate it. A pharmaceutical patent case. Gorsuch delivered the opinion of the unanimous Court. Read by Jake Leahy. Contact us at scotusdecisions@gmail.com.

May 20, 2023
Twitter v. Taamneh (Aiding and Abetting ISIS)
1107

Taamneah brought suit against social media companies, alleging that the companies were "aiding and abetting" ISIS by providing a platform and recommendations to the companies. HELD: The social media companies did not knowingly aid and abet ISIS, and therefore, no claim can be brought under the Anti-Terrorism Act. 

May 19, 2023
Polselli v. IRS (Tax Summons)
336

Chief Justice Roberts writes for the majority in this case: "As an old joke goes: 'I believe we should all pay taxes with a smile. I tried but they wanted cash.'"

The IRS is authorized by statute to issue a summons to third parties to aid in the "collection" of an assessment against a taxpayer. There are certain notice requirements and exceptions to the requirements as they pertain to summonses. The question presented is whether the statute requires notice when a summons is issued to a third-party, or if notice is only required to the taxpayer in an account where the taxpayer holds a beneficial interest. HELD: The exception to the notice requirement in §7609(c)(2)(D)(i) does not only apply if the delinquent taxpayer has a legal interest in summons issued by the IRS. 

May 19, 2023
National Pork Producers v. Ross (Dormant Commerce Clause)
1075

In National Pork Producers v. Ross, the Supreme Court reviewed whether California's Proposition 12 regulatory requirements relating to conditions for in-state pork sales unconstitutionally interfered with out-of-state businesses in violation of the dormant commerce clause. 

From Justice Gorsuch's majority opinion: "Assuredly, under this Court’s dormant Commerce Clause decisions, no State may use its laws to discriminate purposefully against out-of-state economic interests. But the pork producers do not suggest that California’s law offends this principle. Instead, they invite us to fashion two new and more aggressive constitutional restrictions on the ability of States to regulate goods sold within their borders. We decline that invitation. While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list."

Read by guest host Ryan Barnum. 

May 15, 2023
Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (Sovereign Immunity)
494

"The question presented is whether the statute categorically abrogates (legalspeak for eliminates) any sovereign immunity the board enjoys from legal claims. We hold it does not. Under long-settled law, Congress must use unmistakable language to abrogate sovereign immunity. Nothing in the statute creating the board meets that high bar." (First paragraph of Justice Kagan's majority opinion). 

The Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) was enacted in 2016 to address Puerto Rico's financial crisis, established the Board as an entity within the territorial government of Puerto Rico. The Court held that nothing in PROMESA explicitly abrogates the Board's immunity, and Congress must clearly state if its intent to do so. 

The Court emphasized that PROMESA does not provide for suits against the Board or Puerto Rico, nor does it create a cause of action. Although certain provisions in PROMESA reference judicial review and declaratory relief, they do not indicate a general abrogation of the Board's immunity. The Court concluded that the statutory language and the Board's protections are consistent with the retention of sovereign immunity. 

Read by Jake A. Leahy. Feel free to shoot the podcast an email at scotusdecisions@gmail.com.

May 15, 2023
Percoco v. United States (Jury Instructions)
556

In Percoco v. United States, the Supreme Court considered whether a private citizen with influence over government decision-making can be convicted for wire fraud on the theory that he or she deprived the public of its “intangible right of honest services.” Joseph Percoco, former Executive Deputy Secretary to New York Governor Andrew Cuomo, was charged with conspiracy to commit honest-services wire fraud. Percoco accepted payments while on hiatus from government service to assist a real-estate development company (while he was running Governor Cuomo's re-election campaign for eight months). 

The trial court instructed the jury based on the Second Circuit's 1982 decision in Margiotta, which held that a private person can commit honest-services fraud if they dominate and control government decisions. The Supreme Court ruled that instructing the jury based on Margiotta was an error, stating that the Margiotta theory was overly vague and lacked sufficient clarity. Reversed and remanded. Read by Jake A. Leahy. 

May 15, 2023
Ciminelli v. United States (Wire Fraud)
456

In Ciminelli v. United States, the Supreme Court ruled that the Second Circuit's right-to-control theory of wire fraud cannot be used as the basis for a conviction under federal fraud statutes. Louis Ciminelli was convicted of federal wire fraud for his involvement in a scheme to rig the bid process for state-funded development projects under Governor Andrew Cuomo. The Government relied on the right-to-control theory, which establishes wire fraud by depriving a victim of potentially valuable economic information. The conviction turned on whether the Second Circuit's established "righto-to-control" theory is sufficient to establish federal wire fraud. The Supreme Court held that the right to valuable economic information is not a traditional property interest and therefore cannot form the basis for a wire fraud conviction under the relevant statutes. Read by Jake A. Leahy. 

May 15, 2023
Santos-Zacaria v. Garland (Immigration / Exhaustion of Administrative Remedies)
523

In Santos-Zacaria v. Garland, the Supreme Court reviewed two questions. First, whether §1252(d)(1) is jurisdictional; and second, whether a non-citizen is required to request reconsideration of an adverse board action to fully exhaust administrative remedies under the law.

HELD: Santos-Zacaria is correct and the Fifth Circuit was incorrect to find that §1252(d)(1) is jurisdictional. The statute in question is not jurisdictional, as Congress did not clearly demonstrate that it intended to make the statute jurisdictional. Second, the law does not require non-citizens to request discretionary forms of review, such as asking a Board to reconsider its ruling, because the law only requires the exhaustion of remedies as "right," while discretionary actions involve the discretion of the administrative agencies. Vacated in part and remanded.

Read the entire opinion here.

Read by Jake A. Leahy. 

May 14, 2023
MOAC Mall Holdings LLC v. Transform Holdco LLC (Bankruptcy Jurisdiction)
541

Section 363(m) of the U.S. Bankruptcy Code is not a jurisdictional provision. Courts should not construe a statute to be jurisdictional unless clearly stated. A jurisdictional provisions puts a limit on the jurisdiction of federal courts. Guest recorded by Jeff Barnum. 

May 08, 2023
Turkiye Halk Bankasi A.S. v. United States (Foreign Immunity)
494

Turkiye Halk Bankasi A.S. (Halkbank) vs. the United States involves the criminal prosecution against Halkbank for evading American economic sanctions against Iran.  Halkbank claims immunity, as an instrumentality of a foreign state under the Foreign Sovereign Immunities Act of 1976 (FSIA). The Supreme Court held that the District Court has jurisdiction over this criminal prosecution of Halkbank, that the FSIA's comprehensive scheme governing claims of immunity in civil actions against foreign states, and their instrumentalities does not cover criminal cases. The Court concluded that the FSIA's provisions extend only to the civil context. Guest recorded by Jeff Barnum. 

May 08, 2023
Wilkins v. United States (Quiet Title Act)
513

In Wilkins v. United States, the Supreme Court addressed a dispute between property owners in rural Montana and the government regarding a road easement. The government claimed that the easement included public access, while the property owners disagreed. The property owners sued the government under the Quiet Title Act, but the government argued that their claim was barred by a 12-year time limit in the Act. The Court held that the time limit was a nonjurisdictional claims-processing rule and not a jurisdictional bar. It concluded that the Act's text and context did not indicate a clear statement of jurisdictional consequences. The Court also determined that previous Supreme Court decisions did not definitively interpret the relevant statute as jurisdictional. Justice Sotomayor delivered the majority opinion, joined by Justices Kagan, Gorsuch, Kavanaugh, Barrett, and Jackson. Justice Thomas filed a dissenting opinion, joined by Chief Justice Roberts and Justice Alito. Syllabus read by guest reader Jeff Barnum. 

Feel free to contact the show with any feedback you have to scotusdecisions@gmail.com.

May 08, 2023
New York v. New Jersey (Interstate Compact)
283

New York and New Jersey entered into a compact in 1953 to establish the Waterfront Commission of New York Harbor to conduct regulatory and law enforcement activities at the Port, and in 2018, New Jersey sought to withdraw from the Compact, resulting in New York filing a bill of complaint in this Court. HELD: Despite New York's opposition, New Jersey is permitted to withdraw from the Waterfront Commission Compact. Recorded by Jeff Barnum. 

May 03, 2023
Axon Enterprises v. FTC (Administrative Jurisdiction)
754

Michelle Cochran and Axon Enterprise each filed a federal district court lawsuit, challenging the constitutionality of the agency proceedings against them in separate enforcement actions initiated in the SEC and the FTC. Both suits were initially dismissed for lack of jurisdiction, but the Fifth Circuit disagreed as to the SEC question, finding that Cochran's claim would not receive "meaningful judicial review" in a court of appeals, was "wholly collateral to the Exchange Act's statutory-review scheme," and fell "outside the SEC's expertise." The Ninth Circuit affirmed the district court's dismissal of Axon's constitutional challenges to the FTC proceeding. HELD: District court's continue to have jurisdiction over federal questions arising from constitutional challenges, notwisthstanding the Securities Exchange Act and Federal Trade Commission Act. 

May 02, 2023
Luna Perez v. Sturgis Public Schools (ADA in Public Schools)
383

Miguel Luna Perez, a deaf student who attended schools in Michigan's Sturgis Public School District, was denied graduation. his family filed a complaint with the Michigan Department of Education claiming that the district failed to provide him with a free and appropriate public education under the Individuals with Disabilities Education Act (IDEA). The parties reached a settlement, and Perez then sued under the Americans with Disabilities Act (ADA), seeking compensatory damages, but the district court dismissed the suit, and the Sixth Circuit affirmed; based on IDEA's requirement that plaintiffs exhaust administrative procedures before seeking relief that is also available under IDEA. HELD: The Individuals with Disabilities Education Act does not require Perez to exhaust administrative remedies before filing an action, because IDEA does not provide for compensatory damages. 

May 02, 2023
Delaware v. Pennsylvania (Unclaimed Property)
588

The Disposition of Abandoned Money Orders and Traveler's Checks Act requires that abandoned property from a "money order . . . or other similar written instrument," be returned to the state where the property was purchased. This rule is different from the common law, which requires that unclaimed property be returned to the state of incorporation, not the state of purchase. The Supreme Court held that Agent Checks and Teller's Checks, offered by MoneyGram, were sufficiently similar to a money order to be governed by the statutory framework. As a result, these products offered by MoneyGram should be returned to the state of purchase when unclaimed, rather than the state of incorporation (most often, Delaware). Justice Jackson delivered the opinion of the unanimous court (although the Court was not unanimous for a portion of the decision, there is no dissent regarding that portion).

Delaware v. Pennsylvania

Apr 27, 2023
Bartenwerfer v. Buckley (Bankruptcy)
477

In Bartenwerfer v. Buckley, the Supreme Court held that the discharge exceptions under Section 523(a)(2)(a) of the U.S. Bankruptcy Code apply to an individual debtor, regardless of said debtor's culpability in the fraud. Recorded by Jake Leahy.

Bartenwerfer v. Buckley

Apr 27, 2023
Bittner v. United States (Bank Secrecy Act)
676

Bittner, was required to file reports under the Bank Secrecy Act (BSA). In 2004, Congress amended the law to create a penalty for the non-willful failure to file certain reports pertaining to foreign bank accounts. After filing reports, Bittner was assessed penalties for over fifty accounts that he had failed to report over several years. The Secretary of the Treasury assessed a penalty for his non-willful failure to file in the amount of $10,000 per account per year, while Bittner claimed the amount should be $10,000 per annual report. Bittner was assessed a penalty of $2.7 million. The Fifth Circuit ruled in favor of the United States. Bittner appealed. Justice Gorsuch wrote the opinion of the court reversing the Fifth Circuit, finding in favor of Bittner. Recorded by Jake Leahy.
Bittner v. United States

Apr 27, 2023
Helix Energy v. Hewitt (Overtime pay)
790

In Helix Energy Solutions Group, Inc., et al. v. Hewitt, the Supreme Court ruled that an employee paid a daily rate does not qualify for an exemption from the Fair Labor Standards Act (FLSA) overtime pay requirements, unless they satisfy the conditions set out in Section 541.604(b). Michael Hewitt, a former employee of Helix, sued his employer claiming overtime pay under FLSA, as he worked 84 hours a week while on the vessel, but Helix paid him a daily-rate basis with no overtime compensation. The Court concluded that Hewitt was not paid on a salary basis as defined in Section 602(a), and thus was not an executive exempt from FLSA's overtime pay guarantee.

Apr 24, 2023
Cruz v. Arizona (Post conviction)
500

Cruz v. Arizona is a case heard by the US Supreme Court that questioned whether the Arizona Supreme Court's ruling was an adequate ground to preclude review of a federal question. The petitioner, John Montenegro Cruz, was found guilty of capital murder and sentenced to death, and argued that under Simmons v. South Carolina, he should have been allowed to inform the jury that a life sentence in Arizona would be without parole. Cruz sought to raise the Simmons issue again in a state post-conviction petition under Arizona Rule of Criminal Procedure 32.1(g). The Arizona Supreme Court denied relief after concluding that Lynch was not "a significant change in the law". The US Supreme Court held that the Arizona Supreme Court's holding that Lynch was not a significant change in the law is an exceptional case where a state-court judgment rests on such a novel and unforeseeable interpretation of a state-court procedural rule that the decision is not adequate to foreclose review of the federal claim.

Apr 24, 2023
Reed v Goertz (Post conviction relief)
531

Rodney Reed was found guilty of murder and sentenced to death in Texas. He filed a motion under Texas's post-conviction DNA testing law, requesting DNA testing on certain evidence, which he believed would help identify the true perpetrator. The state trial court denied Reed's motion, citing an inadequate chain of custody for the evidence he sought to test. Reed then sued in federal court, arguing that Texas's post-conviction DNA testing law violated procedural due process. The Fifth Circuit dismissed Reed's claim as time-barred, but the Supreme Court held that the statute of limitations for a procedural due process claim begins to run when the state litigation ends, in this case when the Texas Court of Criminal Appeals denied Reed's motion for rehearing. The Court ultimately reversed the Fifth Circuit's decision and remanded the case for further proceedings.

Apr 24, 2023
Arellano v. McDonough (Equitable tolling of veteran benefits)
502

In Arellano v. McDonough, the Supreme Court of the United States ruled that Section 5110(b)(1) of the Veterans' Benefits Act is not subject to equitable tolling. The case involves the effective date of an award of disability compensation to a veteran of the United States military. Adolfo Arellano applied to the Department of Veterans Affairs (VA) for disability compensation based on his psychiatric disorders approximately 30 years after his honorable discharge from the Navy. Arellano argued that his award's effective date should be governed by an exception in § 5110(b)(1), which makes the effective date the day following the date of the veteran's discharge or release if application is received within one year of such date. However, the Supreme Court held that equitably tolling the provision would depart from the terms that Congress "specifically provided."

Apr 24, 2023
Fed Election Coms’n v Ted Cruz (Free Speech/Campaign loan repayment)
747
Aug 16, 2022
Shinn v Martinez-Ramirez (Fed post conviction relief)
716
Aug 16, 2022
Shinn v Martinez-Ramirez
716
Aug 16, 2022
Gallardo v Marstiller (State recovery of medicare expenses)
682
Aug 16, 2022
Morgan v Sundance (Fed Arbitration act)
282
Aug 16, 2022
Southwest v Saxon (Fed Arbitration act exemptions)
496
Aug 16, 2022
Seigel v Fitzgerald (Bankruptcy)
653
Aug 16, 2022
Kemp v US (Civil Procedure)
511
Aug 08, 2022
Egbert v Boule (Bivens)
634
Aug 08, 2022
Garland v Aleman Gonzalez (Immigration and Jurisdiction)
510
Aug 07, 2022
Johnson v Arteaga-Martinez (Immigration and bond)
463
Jul 31, 2022
DENEZPI v. UNITED STATES (Dual Sovereignty/Double Jeopardy)
509

The Dual sovereignty exception to Double jeopardy is not implicated by the sovereignty of the court personnel, but by the sovereignty of the AUTHORITY under which that court operates. 

Jul 31, 2022
ZF Automotive v Luxshare (discovery in international arbitration).
734

§1782 does not authorize district courts to demand discovery for international arbitration. 

Jul 31, 2022
Viking River cruises v Moriana (Arbitration and California Law)
752

Not really sure.

Jul 29, 2022
Golan v Saada (Hague Convention--Child Abduction)
474
Jul 16, 2022
YSLETA DEL SUR PUEBLO ET AL. v. TEXAS (Indian Gaming)
757

Texas’ bingo laws are regulatory in nature, therefore it may not prevent the Tribe from offering bingo on reservation lands.

Jul 16, 2022
American Hospital Asn v Becerra (Medicare payments to hospitals)
417
Jul 16, 2022
Carson v Makin (1a Free Exercise)
689

Not allowed to discriminate based solely on religion.

Jul 16, 2022
George v McDonough (VA Benefits)
449

The decision below did not meet the “clear and unmistakable error”

Jul 16, 2022
Shoop v Twyford (All Writs act/Post conviction relief).
536

Prisoner here can’t use the all writs act to help him develop evidence that may not be admissible.

Jul 16, 2022
US v WA (intergovernmental immunity & Workers Comp)
511
Jul 09, 2022
US v Taylor (crime of violence)
537

“Crime of violence” requires the underlying crime supporting it to require the government to prove “violence” beyond a reasonable doubt.

Jul 09, 2022
Vega v Tekoh (5a, §1983)
642

Court declines to extend §1983 suits to violations of prophylactic rules protecting constitutional rights.

Jul 09, 2022
Marietta health plan v. Davita (medicare)
289
Jul 09, 2022
Dobbs Dissent Part 1
3528
Jul 03, 2022
Nance v Ward (death penalty)
579

Prisoners can still challenge the death penalty using an (as yet not state authorized) substitute method.

Jul 02, 2022
BERGER v. NC NAACP (Civil Procedure for Government entities)
704

Here the legislature can be it’s own litigational party.

Jul 02, 2022
BECERRA v. EMPIRE HEALTH (DHS Medicare fraction computation)
727

“Entitled” here does not mean “to receive“

Jul 02, 2022
XIULU RUAN v. UNITED STATES (Crim Statutory interp. “Knowingly”
717

Knowingly/Intentionally applies to the “authorized” exception of this statute.

Jul 02, 2022
Torres v TX Dept Pub saf (Constitutional law)
692

The logic of the commerce clause extends to Congress’ power to raise an army and navy. 

Jul 02, 2022
Conception v US (Sentencing, first step act)
838
Jul 02, 2022
Oklahoma v Castro-Huerta (Non indian crimes—against Indians—in Indian country)
512

Can be prosecuted by states.

Jul 02, 2022
Biden v Texas (Immigration)
873
Jul 02, 2022
WV v EPA (Major Questions doctrine)
1188

Generation shifting of powerplant types is a “major question” that the legislature did not clearly designate to the EPA.

Jul 02, 2022
Kennedy v Bremerton school district (Free Exercise 1a)
890

Here a coach is allowed to pray at midfield after games.

Jun 28, 2022
NY Rifle and Pistol v Bruen (2a)
1131

Striking down New York’s restrictions on concealed carry licensing.

Jun 28, 2022
Cummimgs v Premier Rehab (Remedies for federally funded programs)
678

Here Emotional distress damages are not allowed.

Jun 25, 2022
Shurtleff v Boston (Free speech v Establishment Clause)
595

Here A flag at city hall is not government speech.

Jun 25, 2022
Boechler v IRS (§6330(d)(1) tolling)
600

This particular subsection is toll-able

Jun 25, 2022
Dobbs v [Jackson] Women’s Health (Abortion)
1391

Roe and Casey are overruled.

Jun 25, 2022
US v VAELLO MADERO (Territory governance)
294
Jun 05, 2022
Brown v Davenport
723

In this case the AEDPA and Brect must BOTH be followed.

Jun 05, 2022
CASSIRER v. THYSSEN-BORNEMISZA (FSIA — Choice of law)
510

My limited understanding: 
Sovereign entities sued under FSIA (but without a separate cause of action implicating federal jurisdiction) are subject to the choice of law provision of the courts which would otherwise be the lawsuit’s venue.


Eg. Where you would have had to bring the underlying, non-FSIA/non-federal, Lawsuit where you found the law.

May 31, 2022
Austin, TX v Reagan National Advertising (1a Free Speech)
541

The requirement to read a sign to determine it’s compliance, by reference to the sign’s location, with a city ordinance banning off premises advertising, does not infringe 1a freedom of speech.

May 31, 2022
Badgerow v Walters (Arbitration Jurisdiction FAA Look through)
538

Sections 9 and 10 do not contain “look through” provisions 

May 15, 2022
Thompson v Clark (§1983 Malicious Prosecution)
386

Lawsuit may proceed.

May 15, 2022
Ramirez v Collier (RLUIPA)
938

Texas’s rule against pastor laying hands on and praying with a prisoner in his final moments during a state execution is a violation of the religious land use and institutionalized persons act of 2000.

May 14, 2022
Houston Community College system v Wilson (1a Free Speech)
460

Free speech not implicated by deliberative body censure.

May 14, 2022
WISCONSIN LEGISLATURE v. WISCONSIN ELECTIONS COMM’N (VRA factors)
900

The Wisc Supreme Court did not properly consider the race based changes to the voting map.

Apr 02, 2022
Wooden v US (ACCA “Occasions”)
494

where where one short duration crime ends and another begins nearly simultaneously the crimes are not separate “occasions” for ACCA purposes.

Mar 08, 2022
Cameron (Kentucky) v EMW Women’s Health (Appeal procedure)
637

This is not about abortion, it’s about procedure.

Mar 08, 2022
FBI v Fazaga (State Secrets v §1806)
535

State Secrets wins.

Mar 08, 2022
US v Tsarnaev (Evidence & Jury selection)
602
Mar 08, 2022
United States v Zubaydah (State Secrets v §1782 discovery)
513
Mar 07, 2022
UNICOLORS, INC. v. H&M (Copyright Safharbor)
520

§411(a)’s safeharbor protects unknowing errors of law AND fact.

Feb 25, 2022
HUGHES v. NORTHWESTERN UNIV. (ERISA)
325
Jan 25, 2022
Hemphill v New York (6a Confrontation -- Rules of evidence)
563

The trial court violated the Petitioner’s 6th Amendment right to confront witnesses against him.

Jan 22, 2022
Biden v Missouri (HHS Medicare/Medicaid Vaccine Mandate)
1265

The Court stays a stay of a vaccine mandate for Medicare and Medicaid facility employees.

Jan 15, 2022
Babcock v Kijakazi (Dual status technician retirement)
444

For purposes here Only Babcock’s National Guard service payments are payments for service “as a member of a uniformed service” not his technicians pay.

Jan 15, 2022
NIFB v OSHA (Vaccine Mandate)
1186

Granting a stay of OSHA’s vaccine mandate.

Jan 15, 2022
WHOLE WOMAN’S HEALTH v. JACKSON
792

Petitioners may pursue a pre enforcement challenge against certain of the named defendants, but not others (rejecting some on standing, and some on sovereign immunity).

Dec 10, 2021
MISSISSIPPI v. TENNESSEE (Water)
487

equitable apportionment and multi state Aquifers

Nov 23, 2021
CITY OF TAHLEQUAH v. BOND (Qualified Immunity)
615

Here, officers are entitled to QI.

Oct 23, 2021
RIVAS-VILLEGAS v. CORTESLUNA (Qualified Immunity).
789

This case grants Officer Rivas-Villegas QI.

Oct 23, 2021
AL ASSN. OF REALTORS v. DHHS (Eviction moratorium)
1099

The lower court ruled the department of health and human services lacked the authority to continue the eviction moratorium after Congress did not extend it. The lower court, however, stayed enforcement of that order, The Supreme Court, in this case, lifted the stay which ends the eviction moratorium.

Aug 27, 2021
Brnovich v. DNC (VRA)
1092
Jul 03, 2021
Americans for Prosperity v Bonta (1st Amendment)
681
Jul 03, 2021
MINERVA v. HOLOGIC (assignor estoppel)
668
Jul 03, 2021
Johnson v Guzman Chavez (Immigration)
617
Jul 03, 2021
PENNEAST PIPELINE CO. v. New Jersey (Eminent domain against states)
906
Jul 01, 2021
Pakdel v San Francisco
822
Jun 30, 2021
Lombardo v St. Louis (Police use of force)
430

The issue was improperly considered below.

Jun 28, 2021
Transunion v Ramirez (Standing)
608

Article III Standing.

Jun 28, 2021
HollyFrontier v Renewable Fuels Assoc. (biofuel blending requirements)
578
Jun 28, 2021
Yellen v Chehalis (ANCs)
429

ANCs are tribes in regards to the CARES Act.

Jun 28, 2021
COLLINS v. YELLEN (FHFA/ appointments)
1133
Jun 24, 2021
LANGE v. CALIFORNIA (4a-Fleeing Misdemeanant)
429
Jun 24, 2021
Mahanoy v BL (Student free speech)
393
Jun 24, 2021
NCAA v Alston (Athlete compensation)
620
Jun 22, 2021
GOLDMAN SACHS GROUP, INC. v. ARKANSAS TEACHER RETIREMENT SYSTEM
482
Jun 22, 2021
UNITED STATES v. ARTHREX (appointments clause/APJs/PTO)
680
Jun 22, 2021
CALIFORNIA v. TEXAS (ACA)
554

Affordable Care Act is upheld.

Jun 18, 2021
FULTON v. PHILADELPHIA (Free Exercise)
603

Held: The refusal of Philadelphia to contract with CSS for the provision of foster care services unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amend- ment.

-CJ Roberts

Jun 18, 2021
NESTLE USA v. DOE (ATS)
298
Jun 18, 2021
GREER v. U.S. (Felon in possession)
472
Jun 15, 2021
Terry v U.S. (Fair sentencing act limits)
316
Jun 15, 2021
Borden v US (ACCA, Recklessness)
497

Reckless crimes do not count towards ACCA “violent felony” strikes.

Jun 13, 2021
Sanchez v. Mayorkas (Immigration)
297

LPR Status in this case requires a lawful entry.

Jun 08, 2021
VAN BUREN v. U.S. (Computer Fraud and Abuse act of 1986)
718
Jun 06, 2021
Garland v Dai (immigration)
532
Jun 06, 2021
U.S. v Cooley (Powers of Tribal police) (corrected audio)
401

Tribal law enforcement officers may detain, search, and transport non tribal members suspected of criminal activity on tribal lands.

Jun 06, 2021
San Antonio v. HOTELS.com (FRCP R.39, costs)
390
May 29, 2021
UNITED STATES v. PALOMAR-SANTIAGO (Immigration)
323
May 26, 2021
GUAM v. UNITED STATES (CERCLA/Dump case)
448
May 26, 2021
EDWARDS v. VANNOY (retroactivity - CrimPro 6A)
413

Ramos is not applied retroactively on collateral review.

May 22, 2021
BP P.L.C. v. CITY OF BALTIMORE (FRCP)
537
May 22, 2021
CIC SERVS., LLC v. IRS (APA/Anti Injunction act)
358
May 21, 2021
CANIGLIA v. STROM (4A - “Community caretaking” exception)
210

Police can not use the community caretaking exception to the 4th Amendment’s warrant requirement to enter a home after a completed mental welfare check.

May 21, 2021
NIZ-CHAVEZ v. GARLAND (Stop Time)
484

Back recording after a break for Finals.

May 14, 2021
ALASKA v. WRIGHT (Sex offender registration)
322

Wright was not in custody pursuant to the judgement of a state court, where he had served his state sentence and was convicted in a federal court for violating the sex offender registry requirement.

Apr 28, 2021
JONES v. MISSISSIPPI (life sentences on people under age 18)
307
Apr 24, 2021
CARR v. SAUL (issue exhaustion and constitutional law)
369
Apr 24, 2021
AMG CAPITAL v. FTC (Monetary relief)
392
Apr 24, 2021
TANDON v. NEWSOM (free exercise of religion)
453

Reversing the 9th Cir denial of injunctive relief. 

Apr 11, 2021
Google v Oracle (Copyright)
675

Google’s use of a small portion of the Java SE API is “fair use”.

Apr 07, 2021
FL v GA (State Water dispute)
334

Florida could not carry it’s burden of proof for an adjustment/equitable apportionment.

Apr 03, 2021
FCC v. PROMETHEUS RADIO (APA)
281

This action is not arbitrary and capricious.

Apr 03, 2021
FACEBOOK v. DUGUID (Auto Dialers / TCPA)
474

Defining facebook’s login notification system as outside the definition provided in the TCPA.

Apr 03, 2021
Mays v Hines (Effective assistance of counsel)
971

No ineffective assistance of counsel in this case.

Mar 30, 2021
FORD MOTOR CO. v. MONTANA EIGHTH JUDICIAL DIST. COURT (Personal Jurisdiction)
502

Personal Jurisdiction  (Specific) upheld.

Mar 26, 2021
Torres v Madrid (4th Amendment)
380

For 4th amendment purposes, Officers seized a woman when they shot her twice as she fled, even though she got away.

Mar 26, 2021
UZUEGBUNAM v. PRECZEWSKI (Standing and nominal damages)
392

Nominal damages can satisfy the damages requirement for ART. III standing, for a completed constitutional violation of rights.

Mar 08, 2021
Pereida v. Wilkinson (Immigration)
512

Pereida did not carry his burden to prove he had not been convicted of certain crimes.

Mar 04, 2021
USFWS v SIERRA CLUB (FOIA and Deliberative documents)
400

FOIA does not cover “drafts of draft biological opinions.“ because (in part) they are deliberative documents, and thus exempt.

Mar 04, 2021
Brownback V King (Qualified Immunity)
275

Opinion has a remand in the footnotes that the syllabus does not seem to mention.

Feb 26, 2021
SALINAS v. RAILROAD RETIREMENT BD
436

Judiciary has power to review, but only for abuse of discretion. 

Feb 04, 2021
GERMANY v. PHILIPP
642

No help with recovering art stolen by Nazis from German Jews.

Feb 04, 2021
Chicago v. Fulton (Bankruptcy)
296

During bankruptcy proceedings, The city does not have to return impounded vehicles held for non payment of fines.

Jan 14, 2021
Trump v New York (No standing)
773

Case dismissed for lack of standing.

Dec 20, 2020
Shinn v Kayer (death penalty, fed deference, ineffective assistance).
1487
Dec 15, 2020
Texas v New Mexico (Water Rights)
259

Water rights

Dec 15, 2020
Tanzin v Tanvir (RFRA Damages)
274

1st Amendment, RFRA

Dec 11, 2020
Carney v Adams (Delaware judicial selections/Standing)
361

Plaintiff lacks standing.

Dec 11, 2020
United States v Briggs (UCMJ SOL)
299

Holding that the term “punishable by death” in the UCMJ is basically a term of art. 

Dec 11, 2020
Rutledge v Pharmaceutical care management assoc
426

Ark Act 900 stands in the relevant part

Dec 11, 2020
Roman Catholic diocese of Brooklyn v. Cuomo (Religious Freedom and Covid-19)
741

Grant of relief, enjoining NY Gov Cuomo from enforcing restrictions on religious gatherings. 

Nov 26, 2020
Taylor v Riojas (Qualified Immunity)
720
Nov 02, 2020
McKesson v Doe (1A & Deference to State law)
564
Nov 02, 2020
BARR v. LEE (Death Penalty)
310

Reversing a preliminary injunction - allowing executions to move forward for federal prisoners.

Jul 14, 2020
TRUMP v. MAZARS
713

Presidential subpoenas.

Jul 10, 2020
McGIRT v. OKLAHOMA (MCA, Indian country, and eastern Oklahoma)
461

MCA, "Indian country" and eastern Oklahoma.

Jul 10, 2020
OUR LADY OF GUADALUPE SCHOOL v. MORRISSEY-BERRU
538

Employment discrimination claims in these cases are foreclosed by the  Ministerial exception.

Jul 10, 2020
TRUMP v. VANCE
835

  Presidential Subpoenas 

Jul 10, 2020
LITTLE SISTERS OF THE POOR SAINTS PETER AND PAUL HOME v. PENNSYLVANIA
550

RFRA, ACA & Contraceptives. As well as the APA & Interim Final Rulemaking.

Jul 09, 2020
BARR v. AMERICAN ASSN. OF POLITICAL CONSULTANTS (Robo Calls)
388

No exception for government debt.

Jul 07, 2020
CHIAFALO v. WASHINGTON (Faithless Electors)
437

Also Colorado Department of State v Baca

Jul 07, 2020
PTO v Booking.com (Trademark)
317

Booking.com is not a generic name.

Jul 03, 2020
ESPINOZA v. MONTANA DEPT. OF REVENUE (Freedom of religion)
392

Can’t discriminate solely on the basis of religious affiliation (distinguishing religious conduct as different).

Jul 03, 2020
AGENCY FOR INT’L DEVELOPMENT v. ALLIANCE FOR OPEN SOCIETY INT’L
266

First Amendment argument fails.

Jul 01, 2020
SEILA LAW LLC v. CFPB
800

The appointment and removal provisions for the director of the CFPB is unconstitutional, but this stuff is severable from the dodd frank act. 

Jul 01, 2020
JUNE MEDICAL SERVICES v. RUSSO (Abortion)
695

A Louisiana law requiring admitting privileges at nearby hospitals for abortion doctors is unconstitutional.

Jun 29, 2020
DHS v. THURAISSIGIAM
491

Habius is not useful in requesting asylum determination review, just for release from custody.

Jun 27, 2020
Liu v SEC (Disgorgement in SEC Equity)
482

Some stuff about equitable principles.

Jun 22, 2020
DEPARTMENT OF HOMELAND SECURITY v. REGENTS OF UNIV. OF CA (DACA)
879

DACA can not be rescinded without further/better explanation by the DHS.

Jun 19, 2020
US FOREST SERVICE v. COWPASTURE RIVER PRESERVATION (Pipeline under Appalachian trail)
455

Supreme court considers the disputed land an easement to the National park service, thus in this case the pipeline permit is ok.

Jun 16, 2020
Bostock v Clayton Co (Title VII -Transgender/Gay)
711

Title VII of the civil rights act makes it illegal to discriminate in employment against people for being gay, or transgender.

Jun 15, 2020
LOMAX v. ORTIZ-MARQUEZ (PLRA Strikes)
274

In regards to the Prison litigation reform act §1915(g)’s 3 strikes rule, qualifying dismissals count as strikes regardless as to if they are dismissed with or without prejudice.

Jun 08, 2020
BANISTER v. DAVIS - Rule 59(e) petitions
513
Jun 02, 2020
THOLE v. U. S. BANK (Standing)
270
  • Plaintiffs in defined benefits retirement plans who suffer no injury in fact, do not have standing to sue.
Jun 02, 2020
NASRALLAH v. BARR (CAT Removal appeals - Immigration)
431

Appealing CAT orders is allowed in this case.

Jun 02, 2020
GE ENERGY POWER CONVERSION FRANCE v. OUTOKUMPU STAINLESS
484
Jun 02, 2020
FINANCIAL OVERSIGHT AND MANAGEMENT BD. FOR PUERTO RICO v. AURELIUS INVESTMENT,
572

The board can stay, they are primarily considered to be local officers, not federal officers.

Jun 02, 2020
OPATI v. REPUBLIC OF SUDAN
354

Can sue for punitive damages in this case.

May 18, 2020
LUCKY BRAND DUNGAREES v MARCEL FASHIONS (Issue/claim preclusion)
338

This issue is not similar enough to qualify for defensive issue or claim preclusion.

May 15, 2020
KELLY v. UNITED STATES (Bridgegate)
297

Regarding the wore fraud charges not being appropriate. 

May 08, 2020
US v SINENENG-SMITH (Party Presentation rule)
294

9th Circuit can not make this case about something that the parties had not already presented.

May 08, 2020
NY STATE RIFLE & PISTOL v. CITY OF NEW YORK
216

Vacated and remanded for further proceedings. Mostly Moot/can’t assert a new clam here.

Apr 27, 2020
Georgia v Public.Resource.org
509

The annotations are not copyrightable.

Apr 27, 2020
MAINE COMMUNITY HEALTH OPTIONS v. UNITED STATES (Risk Corridors)
588

The government obligated itself to pay in this instance. (Health insurance risk corridors)

Apr 27, 2020
BARTON v BARR (Stop Time cancellation of removal)
498
Apr 25, 2020
MAUI, HAWAII v. HAWAII WILDLIFE FUND (Point Source)
599

The point source case.

Apr 24, 2020
ROMAG FASTENERS v. FOSSIL GROUP (Willfulness in infringment)
237

Willfullness not specifically required under §1125(a).

Apr 24, 2020
THRYV, INC. v. CLICK-TO- CALL (§314, Inter Partes review)
408

Reviewability of decision to do an inter partes review.

Apr 21, 2020
Ramos v Louisiana (Right to unanimous jury)
525

The 6th amendment (through the 14th)  requires unanimous jury to convict on serious crimes.

Apr 20, 2020
ATLANTIC RICHFIELD v. CHRISTIAN (Superfund)
687

Dispute over a superfund site in Montana.

Apr 20, 2020
Democratic NC v Republican NC
487

PC Opinion on an Injunction relating to the election in Wisconsin.

Apr 07, 2020
Babb v Wilkie (Age Discrimination)
573

ADEA

Apr 07, 2020
Kansas v Glover (probable cause)
292

Without additional information to rebut the presumption, it is reasonable for an officer to believe a vehicle belonging to a driver with a revoked license is being driven by the owner.

Apr 07, 2020
CITGO v Frescati
526

Safe berth clause of sub charter agreement In this case means safe berth, not due diligence.

Mar 31, 2020
Davis v US (appeal of plain error)
343

Telling the 5th circuit to review for plain error.

Mar 25, 2020
Comcast v Natl Assn. African American media
414

Court says §1981 still needs but-for causation.

Mar 24, 2020
Kahler v Kansas (Insanity Defense)
461

the court refuses to set a constitutional bar for the insanity defense.

Mar 24, 2020
Allen v Cooper (copyright/state sov immunity)
449

Court holds CRCA does not properly abrogate state sovereign immunity against copyright infringement.

Mar 24, 2020
Guerrero-Lasprilla v Bar (Immigration)
631

In this case the question is a “question of law”

Mar 23, 2020
Kansas v Garcia
615

The fact info is used on the I-9 form, does not preempt that information (submitted on other forms) from being used to prosecute for fraud.

Mar 03, 2020
Holguin-Hernandez v US
257

petitioner did enough to preserve right of appeal. 

Feb 28, 2020
Intel v Sulyma
324

ERISA - Defining “Actual Knowledge” as being Actual Knowledge.

Feb 28, 2020
Shular v US
409

ACCA arguments, including things depending on what the definition of “is” is.

Feb 28, 2020
Hernandez v Mesa
464

Court refuses to extend Bivens to the cross border shooting of a child by a border patrol officer.

Feb 25, 2020
Rodriguez v FDIC
221

In Re the Bob Richards rule.

Feb 25, 2020
McKinney v Arizona
233

Death penalty appeal in re Clemons (because Ring and Hurst aren’t retroactive on collateral review) 

Feb 25, 2020
Monasky v Taglieri
410

Considering the Hague convention’s definition of “habitual residence” of a child  and a few other factors in re: “returning” a child

Feb 25, 2020
Rom Catholic Church of PR v Feliciano
984

Once a case is removed to federal court, the state court can’t do anything, until federal courts are finished.

Feb 24, 2020
Retirement...IBM v Jander (ERISA)
326

Court say ERISA and the fiduciary duty of ESOP administrators is complecated.

Jan 14, 2020
Ritzen v Jackson (bankruptcies)
354
Jan 14, 2020
Peter v NantKwest (American rule)
324

PTO can not recover attorney fees via §145, because ”all expenses” is not sufficient to overcome the American Rule.

Dec 11, 2019
Rotkiske v Klemm (FDCPA)
253

refusing to read in a time of discovery exception into the FDCPA’s §1692k(d) 1-year statute of limitations.

Dec 11, 2019
Thompson v Hebdon (election contributions)
572

Court isn’t to fond of Alaska’s low political contributions limits.

Nov 25, 2019
Montgomery v Louisiana (2015 Case\equipment check)
533

A case recently argued about in 

Mathena v. Malvo

Uploading to check equipment and upload ability to podcast sources before we start getting new decisions.

Oct 19, 2019
DOC v New York (Citizenship question)
970

In re the census citizenship question.

Jun 30, 2019
Mitchell v Wisconsin (BAC testing while unconscious)
416

It’s legal.

Jun 29, 2019
Rucho v Common cause (partisan gerrymandering)
758

No help from the courts on partisan gerrymandering.

Jun 28, 2019
US v Haymond (5a 6a, right to jury)
486
Jun 28, 2019
TN wine & spirits v Thomas (21st Amendment / DCC)
783

Under the 21st amendment and the dormant commerce clause, Tennessee’s two-year residency requirement for new alcohol sales licensing is unconstitutional. 

Jun 27, 2019
Kisor v Wilkie (Auer deference)
766

Auer and seminole rock stand.

Jun 27, 2019
US v Davis (void for vagueness)
527

Holding ”crime of voilence” to be unconstitutionally vague.

Jun 24, 2019
Dutra v Batterton (Admiralty, unseaworthyness)
363

Punitive damages are not available for unseaworthiness claims.

Jun 24, 2019
Iancu v Brunetti (FUCT TRADEMARK)
276

PTO can not refuse trademarks on grounds that they are ”immoral or scandalous”.

Jun 24, 2019
Food mktg v Argus Leader (FOIA)
408

This info is confidential under part 4 of FOIA exceptions.

Jun 24, 2019
Flowers v Mississippi (Batson)
476
Jun 21, 2019
Knick v Township of Scott PA (takings)
557

Williamson co. Is overruled

Jun 21, 2019
Rehaif v US (knowingly)
359

”knowingly” in sec 924(a)(2) means ”knowingly”

Jun 21, 2019
Kaestner Trust v NC
387

NC Can not tax this trust in this instance, based on only state residence.

Jun 21, 2019
Gundy v US (delegation of power)
668

The sex offender registry’s registration of pre act offenders in not an issue of unconstitutional congressional delegation.

Jun 20, 2019
McDonagh v Smith (fabricated evidence)
458

When does the limitations period clock start ticking in re a claim of fabricated evidence.

Jun 20, 2019
PDR v Carlton & Harris (unsolicited advertisement)
286

Remand for consideration of a few things.

Jun 20, 2019
Am Legion v Am Humanist Assoc. (establishment clause)
1200

The Bladensburg cross may remain.

Jun 20, 2019
Gamble v US (sep sovereigns doctrine)
392

The separate sovereigns doctrine is not implicated by double jeopardy. 

Jun 17, 2019
VA Uranium v Warren (NRC/AEA)
666

A Virginia ban on Uranium mining is upheld.

Jun 17, 2019
Manhattan CAC v Halleck (1a)
377

The Manhattan community access corp, is not a government actor in regards to the 1st amendment right to free speech.

Jun 17, 2019
Va House v Bethune-Hill (Standing)
431

The house is denied standing.

Jun 17, 2019
Quarles v US (Burglaries & the ACA)
318

Quarles’ burglary conviction counts under the Armed Career Criminal act.

Jun 12, 2019
Return Mail v US Postal Service (Patent and who is a person)
563

In this context, Agents of the sovereign (federal agencies) are not “persons” in this section of the AIA.

Jun 11, 2019
Parker Drilling v Newton
558

CA Law needs to fill a gap in federal law to be applicable on the outer continental shelf, under the OCSLA, it can not simply be “not inconsistent”.

Jun 10, 2019
Azar v Allina health (Medicare “fraction”)
451

In re notice and comment when changing substanitive rules. 

Jun 04, 2019
Taggart v Lorenzen (Bankruptcies and Civil Contempt)
289

Vacate and remand, contempt findings in this context require “no fair ground of doubt”.

Jun 04, 2019
Ft Bend, TX v Davis (EEOC)
336

About claim filing rules.

Jun 04, 2019
Mont v US (supervised release tolling)
439

Prisoner does not get credit for his pre trial custody in re his supervised release for another crime.

Jun 03, 2019
Smith v Berryhill (SSA Appeals)
523

Definition of “final decision”

May 31, 2019
Home depot v Jackson (who can remove to federal court)
309

Third party counterclaim defendants can not remove to federal court.

May 31, 2019
Box v Planned Parenthood (Fetal Disposition law)
343

Explicitly stated not to be case about the right to an abortion, although i’m sure the news media will tell you so.

Still have a bit of a sore throat, so apologies on some audible swallowing noises etc.

May 29, 2019
Nieves v Bartlett (Retaliatory arrest)
526

Retaliatory arrest claim defeated by probable cause to arrest. 

May 28, 2019
Merck & Dohme v Albrecht (Duty to warn/impossibly doctrine)
471

A clarification on what is considered clear evidence that a drug company could not fulfill it’s duty to warn in light of FDA refusals to allow label changes.

May 21, 2019
Mission v Tempnology (contracts in bankruptcy)
375

Breach of a contract under the bankruptcy code still constitutes breach of a contract in this instance.

May 20, 2019
Herrera v WY (Treaty hunting rights)
492

Bighorn national forest is not “occupied lands” in the context of an 1865 treaty.  Said treaty did not expire upon Wyoming's statehood. 

May 20, 2019
Cochise v US ex. Rel. Hunt (Relator statute of limitations)
435

Regarding relators filing qui tam and when is too late.

May 14, 2019
Apple v Pepper (Anti Trust/Monopoly)
390

Consumers may sue apple for allegedly monopolizing app sales.

May 13, 2019
Tax Board of CA v Hyatt
473

Nevada v Hall is overruled.

May 13, 2019
Thacker v TVA (TVA Specific)
321

The Tennessee Valley Authority is not completely immune from suit, but there may be other exceptions.

Apr 29, 2019
Lamps plus v Varela (forced class arbitration)
415

Courts may not use ambiguous wording about consent to class arbitration to force class arbitration even over the idea of contra proferentem.

Apr 24, 2019
Bestek v Berryhill (unsupported expert testimony)
318

Fyi Scintilla means -
a tiny trace or spark of a specified quality or feeling.

Court declines to create a categorical rule making expert testimony given without REQUESTED supporting documentation invalid in ALJ hearings.

Apr 01, 2019
Bucklew v Precythe (Death Penalty)
481

Bucklew (prisoner) looses this challenge.

Apr 01, 2019
Lorenzo v SEC (securities fraud)
498

Lorenzo can be charged under 10b-5 (a) and (c) even if he does not meet the qualifications to be charged under subsection (b) - as understood through the lens of Janus v SEC.

Mar 27, 2019
Sudan v Harrison
433

Service to a foreign state’s minister of foreign affairs, under FISA can not be to the embassy in the US.

Mar 26, 2019
Sturgeon v Frost (Alaska Hovercraft)
644

The alaska hovercraft case (again).
ANILCA doesn’t give the park service authority over navigible waters.

Mar 26, 2019
Frank v Gaos (cy pres issue avoided)
824

Basically a remand to determine standing.

Mar 21, 2019
Air and liquid systems v DeVries (integrated parts, and liability)
431

In this specific maritime context, manufacturers have a duty to warn when they know a dangerous part will, or must be incorporated into their product, and have reason to believe that users will be unaware of the danger.  (Here asbestos).

Mar 21, 2019
Obduskey v. McCarthy & Holthus (Debt collector v Security interest enforcer)
417

For purposes of the fair debt collection practices act, enforcers of security interests are NOT debt collectors.

Mar 21, 2019
Nielsen v Preap (detention of deportable aliens)
603

Section 1226’s order to detain without release certain classes of aliens, does not hinge upon immedate arest upon release from criminal detention.

Mar 20, 2019
Wa dept lisc. v Cougar den (Indigenous peoples' Treaties & fuel tax exemption)
564

An 1855 treaty pre-empts Washington state’s ability to Tax the Yakama nation’s importation of fuel. 

Mar 20, 2019
Fourth Estate v Wall-Street.com (copyright registration)
543

Copyright is regestered when the regester regesters it, not when the paperwork is filed.

Mar 04, 2019
BNSF v Loos (RRTA)
459

Railroad retirment act - “compensation” includes payment for lost wages.

Mar 04, 2019
Rimini v Oracle (Full Costs)
366

The word “full” can not modify an already defined “costs”, in this statute.

Mar 04, 2019
Jam v International finance corp (FSIA, IOIA)
429

imunities of foreign corporations are the SAME as foreign government immunity TODAY.

Feb 27, 2019
Madison v Alabama (death penalty - competence)
346

Errors were made in a determination of competence for death.

Feb 27, 2019
Garza v Idaho (ineffective assistance of counsel - appeals)
419

Counsel may not refuse to file a notice to appeal, even if the defendant waived the right to appeal.

Feb 27, 2019
Nutraceutical corp v Lambert (23b Tolling)
309

Lambert’s 23b filing was untimley.

Feb 26, 2019
Yovino v Rizo (Dead judges voting)
571

Dead judges votes can not be counted if the opinion is filed after their death.

Feb 25, 2019
Timbs v Indiana (Civil Asset forfiture 8th/14th)
365

8th Amendment prohibition on excessive fines IS incorporated against states via the 14th amendment.

Feb 21, 2019
Dawson v Steager (state/federal tax discrimination)
342

States can not have tax breaks that discriminate against federal employees who otherwise meet the qualifications for said tax break.

Feb 21, 2019
Moore v Texas (Death penalty and mental deficits)
1096

Rulling that Mr. Moore is intelectually disabled enough to be ineligible for the death penalty.

Feb 19, 2019
Helsinn v Teva (Patents “on sale”)
288

“On sale” exception to patents.
Also, i had no idea how to pronounce “palonosetron”, close ‘nuff i reckon.

Jan 22, 2019
New Prime v Oliveira (Arbitration)
468

Court holds an independent contractor truck driver can not be forced into arbitration because the 1925 arbitration act excludes transportation workers who are engaged in interstate commerce.  Also holds that “independent contractors” are considered to have signed “contracts of employment” even though they are not in an explicit employer employee relationship.

Full disclosure: as a long time truck driver, i have long known companies like new prime, swift, and cr england, to be engaged in preying on brand new truck drivers with their “lease purchase, independent contractor” agreements.

Most of the industry knows it, and if you sat down at any truck stop lunch counter and said “i’m thinking of signing a lease with [one of the previously mentioned companies]” you would quite litterally hear a chorus of veterans telling you not to — an instant groan, and a bunch if people truly trying to help the new guy from making a huge mistake.

So i’m quite glad this went the way it did.

Jan 15, 2019
Stokeling v US (ACCA Robbery)
352

Robbery is a violent offense for purposes of the ACCAs sentence enhancments. 

Jan 15, 2019
Culbertson v Berryhill
297

The 25% cap on social security attorney fees only covers in court representation, not representation before the agency.

Jan 10, 2019
Schein v Archer & White
275

Arbitration agreements that contractually deligate questions of arbitrarily to an arbitrator do exactly that — no matter if the request seeking to compell arbitration is “wholy groundless”.

Jan 10, 2019
Escondido v Emmons
700

Court rules that “right to be free of excessive force” is a bit to highly generalized to be considered “clearly established law” in regards to stripping qualified immunity.

Court also holds you can’t reinstate an excessive force claim, without any proof or even discussion, as to if the defendant even touched the plaintiff — especially after it has already been decided by another court that the defendant did not, because of body camera video footage proving no contact. (Sadly, not a joke).

Jan 07, 2019
Shoop v Hill
867

Mostly a decision that 2254 (d) (1) apeals can not use court cases that didn’t exist at the time of the origin of the appeal.

Jan 07, 2019
US v Stitt
361

Burglary can include mobile residences and or vehicles adapted for sleeping.

Dec 10, 2018
Weyerhaeuser v USFWS
487

The Dusky Gopher Frog case.
Regarding designation of critical habitat.

Nov 27, 2018
Mt Lemon v Guido (ADEA)
325

Court hold that ADEA numerosity limitation does not apply to state government subdivisions.

Nov 06, 2018
Pavan v Smith (2016 opinion)
535
Decision from 2016, in re gay couples and birth certificates.
Aug 29, 2018
Trinity Lutheran v Comer Missouri (2016 opinion)
571
Opinion from 2016, just to keep the feed active Court holds Missouri can not deny a grant to a church based on the fact it is a church. (RJ likes this one because his beloved mother was a teacher at a lutheran pre-school for most of her life).
Aug 18, 2018
NC v Covington (gerrymandering)
1242
Court upholds part of a gerrmandering solution.
Jul 14, 2018
Sexton v Beaudreaux
859
Strickland claim review.
Jun 29, 2018
Sause v Bauer
414
Court addresses a pro se 1st and 4th amendment concern (Lady told to stop praying).
Jun 28, 2018
FL v GA (Water)
565
Water rights remand.
Jun 27, 2018
Janus v AFSCME (1a Unions)
905
Court rules union agency fees are a a violation of 1st amendment.
Jun 27, 2018
Trump v Hawaii
919
Court upholds modified travel ban.
Jun 26, 2018
NIFLA v Becerra (1a abortion)
681
FACT ACT likley violates the 1st amendment.
Jun 26, 2018
Abbott v Perez (gerrymandering)
852
Court upholds several districts, and does not uphold one
Jun 25, 2018
Ohio v Amex (anti trust)
551
Amex’s anti steering provisions do not violate section one of the Sherman anti trust act.
Jun 25, 2018
Currier v VA (vol. severance - criminal)
456
Court rules voluntary severance of charges, does not create a double jeopardy issue in this specific instance).
Jun 23, 2018
Ortiz v US (Military Justice)
802
Challenges to military justice system.
Jun 23, 2018
WesternGeco v Ion Geophysical (Patent)
377
Extraterritoriality of patent infringement.
Jun 22, 2018
Carpenter v US (4a Cell location data)
620
Court rules requests for cellphone location data are 4th amendment searches.
Jun 22, 2018
Lucia v SEC (appointments violation)
556
SEC ALJs must be constitutionally appointed
Jun 21, 2018
Pereira v Sessions (notice to appear)
654
Court holds notice to appear has to have a time and date in order to actually be a notice to appear.
Jun 21, 2018
Wisc Central railroad v US (Retirement taxing)
373
Court says government can’t tax stock options for railroad workers.
Jun 21, 2018
SD v Wayfair (internet purchase taxing)
779
Court reverses quill and allows states to collect taxes on internet sales.
Jun 21, 2018
Lozman v Riviera beach (1st - retaliation)
521

First amendment retaliation, under narrow circumstances in this case.

Jun 18, 2018
Rosales-Mireles v US (Guidelines Errors)
626
Vacate of sentence based on incorectly calculated guidelines range
Jun 18, 2018
Gill v Whitford (Gerrymandering)
663
Court upholds an obvious statewide political gerrymander, for plaintiffs failure to show that they were actually harmed.
Jun 18, 2018
Benisek v Lamone
588
Denial of preliminary injunction...well past its requested time table
Jun 18, 2018
Chavez Menza v US (sentence reductions)
404
Court determines a limited explanation of a “disproportionate” sentence reduction (vs the guidelines reduction) is appropriate.
Jun 18, 2018
MN Voters aly. v Mansky
708
Court strikes down MN law on political apperal inside the polling places (limited to a problem with wording ambiguity)
Jun 15, 2018
Animal science products v Hebei Welcome (deference to foreign governments)
481
Court rules “bound to defer” should not be the standard of deference for submissions of foreign government agencies to US Courts.
Jun 15, 2018
Sveen v Melin (Contracts / Divorce)
442
Court upholds Minnesota law about life insurance bennificiary designation revocation upon divorce
Jun 11, 2018
Washington v US (Indigenous peoples' Treaties)
146

Court affirms the below judgement because of a 4/4 Split.

Jun 11, 2018
China Agritech v Resh
521
More fun with “tolling”
Jun 11, 2018
Husted v Randolph institute (removal from voter rolls)
534
Ohio’s way of determining if a voter has moved or died, and subsequent removal of said person from their voting rolls is lawful.
Jun 11, 2018
Lamar v Appling (“statement respecting”)
543
Court decides what “statement respecting” means in re the bankruptcy code.
Jun 05, 2018
Azar v Garza (Abortion/Moot)
541
Court in part moots an abortion debate.
Jun 05, 2018
Koons v US (sentencing reductions)
318
Jun 04, 2018
Hughes v US (type c sentincing reductions)
571
Court rules type C sentencing agreements can be considered for modification after a retroactive sentincing guidelines reduction.
Jun 04, 2018
Masterpiece Cake v Colo Civil rights Commission
534
1st Amendment free exercise over-rules civil rights of a gay couple in this specific instance - due to the colorado civil rights commission’s obvious hostility to a religious belief.
Jun 04, 2018
Lagos v US (Victims Restitution Act)
328
Restitution under MVRA 1996 may not include investigations a victim does itself.
May 29, 2018
Collins v Virginia (4A curtilage)
428
Supreme court refuses to grant 4th autombile exception to an officer who encroaches upon a home’s curtilage for a search.
May 29, 2018
Epic sys v Lewis (Arbitration & NLRB Unfair labor practices).
617

Upholding Arbitration agreements

May 21, 2018
Skagit tribe v Lundgren (Late argument rejection)
242
The court rejects an argument made for the first time during the appeals process.
May 21, 2018
McCoy v Louisiana (6th Amendment)
473

Counsel may not Plead Not-Guilty, at the client's insistence, and then--at trial--admit guilt, over the objection of his client. (Sixth Amendment)

May 14, 2018
New Jersey v NCAA (10th Amendment)
687
Court strikes down federal anti sports gambling provisions based on the 10th amendment.
May 14, 2018
US v Sanchez-Gomez (Moot)
392
Case is moot because nothing could be decided because petitioners cases are over.
May 14, 2018
Byrd v US (4th Amendment)
436
Rental car contract violations do not eliminate 4th amendment privacy expectations
May 14, 2018
Dahda v US (Wiretap warrants)
325
Just because a judge tried to overstep his jurisdictional limits, does not mean that the evidence gathererd inside of his jurisdiction is inadmissable.
May 14, 2018
Oil States v Greene’s (Patent law) (stitcher re-release)
479
Patent review, and article 3 separation of powers.
May 08, 2018
Jesner v Arab Bank (Alien Torts) (Stitcher re-release)
1093
Court holds that the ATS does not allow people to sue corporations.
Apr 24, 2018
SAS v Patent office (inter partes wholeness)
428
Court rules patent office director can not choose which parts of an inter partes review will proceed, only that it will or will not proceed.
Apr 24, 2018
US v Microsoft (Moot)
273
The discussion is moot. Because of the passage of the CLOUD act.
Apr 17, 2018
Sessions v Dimaya (void for vagueness)
817
Court compares immigration deportation statue void for vagueness. In that it’s language was too similar to the unconstitutional language found in the ACCA.
Apr 17, 2018
Willson v Sellers (Looking through silent decisions)
428
Court rules that higher courts may should “look through” (in a narrow sense) silent appeals court decisions, to the last reasoned result.
Apr 17, 2018
Encino motorcars v Navarro (FLSA Overtime)
325
Determination that service advisors fit into the FLSAs overtime exemption.
Apr 02, 2018
Kisela v Hughes (Qualified immunity)
1005
Determination of qualified immunity in favor of an officer in a non fatal shooting.
Apr 02, 2018
Hall v Hall (Separating consolidated cases for appeal)
486
Court Decides once a decision has been made in an individual case which was consolidated with others under 42(a), it can be appealed before other cases associated by consolidation have been decided. (Not interlocutory).
Mar 27, 2018
Marinello v USA (Obstuction Tax code)
441
court holds that in order to obstruct the tax code under the omnibus tax code at the felony level — it requires knowing of an investigation or pending investigation.
Mar 21, 2018
Ayestas v Davis (Appeals funding)
490
in re funding for appeals of indigent defendants, ineffective assistance of counsel, reasonably necessary vs substantial need.
Mar 21, 2018
Cyan v Beaver Co retirement fund (Securities Jurisdictions)
821
Court holds SLUSA does not force removal of certain securities law claims from state to federal court.
Mar 20, 2018
TX v NM (water rights)
223
can the us file suit regarding the rio grande compact?
Mar 05, 2018
US Bank v Lakeridge LLC (appeals of “arms length” determination)
383
case deals with who and how courts should review determinations of “arms length” transactions.
Mar 05, 2018
Jennings v Rodriguez (immigration)
688
in re: supreme court rule to remove 6 month hearings for detainees of immigration proceedings, that were being required by the 9th circut.
Feb 27, 2018
Merit v FTI (Bankrupcy)
627
in re: transfer avoidance in bankruptcy proceedings.
Feb 27, 2018
Patchak v Zinke (Sep of powers)
322
in re: Article III separation of powers.
Feb 27, 2018
Rubin v Iran (FSIA)
554
in re: Foreign states immunities act
Feb 21, 2018
Murphy v Smith
255
courts must use the stipulated 25% maximum to satisfy a prisoner’s share of attorney fees (the one where everyone had a joke about the usage of “satisfy”)
Feb 21, 2018
Class v United States (Appeal Process -- Not 2A)
308
a guilty plea does not remove a defendants right to question the constitutionality of a criminal statute.
Feb 21, 2018
Digital Realty trust v Somers
581
In Re: whistle blower protections and the requirement to report to the SEC.
Feb 21, 2018
CNH Industrial v Reese
883
in Re: Retiree benifits, and contractual inferments of collective barganing agreements. (Refuting the 6th Circuts “yard-man” inferences).
Feb 20, 2018
MT v WY & ND
866
In re water rights at the tounge river.
Feb 20, 2018
Kernan v Cuero
791
In Re: Changing charging after a plea agreement has been signed (Three Strikes law).
Feb 18, 2018
Dunn (AL DoC) v Madison
674
In re the death penalty and health related memory loss.
Feb 17, 2018
Hamer V Neighborhood Housing Services Of Chicago
315
Slip opinion - Nov 8 2017 Appeals time limit extensions on "jurisdictional" extensions.
Feb 14, 2018
In re United States (DACA)
428
Supreme court reply to an appeal that regards DACA (Decided Dec 20th 2017)
Feb 11, 2018
Artis v DC
453
in re: definition of the word “tolled” for the purpose of timely filing of appeals.
Feb 09, 2018
DC v Wesby
400
in re: probable cause to enter and arrest.
Feb 09, 2018
Tharpe V Sellers
303
in re: racist jury members
Feb 09, 2018
National association of manufacturers v department of defense
716
WOTUS & who has jurisdiction.
Feb 09, 2018