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Recent Decisions

Hernandez v. Mesa (June 26, 2017)
The Fourth Amendment and a Bivens remedy may apply when a federal agent standing in the U.S. shoots a Mexican national standing in Mexico.

Trinity Lutheran Church of Columbia, Inc. v. Comer (June 26, 2017)
A church may not be denied an otherwise generally available public benefit like a government grant because of its religious status under the First Amendment.

Trump. v. International Refugee Assistance Project (June 26, 2017)
Injunctions preventing the enforcement of an executive order restricting the entry of certain foreign nationals are inappropriate as applied to foreign nationals who have no good-faith relationship with any person or entity in the U.S.

California Public Employees’ Retirement System v. ANZ Securities, Inc. (June 26, 2017)
Section 13 of the Securities Act of 1933 provides a three-year limitation on bringing claims under Section 11 that functions as a statute of repose and is not subject to equitable tolling.

Davila v. Davis (June 26, 2017)
Ineffective assistance of counsel after a conviction is not a basis to excuse a procedural default on a claim of ineffective assistance of appellate counsel.

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Latest Supreme Court News

The Supreme Court and the Law of Motion
The New York Times,
Victory is not always obvious. It depends on what the lower courts make of a ruling. And that can depend on the political and cultural forces at play.

Court releases October calendar
SCOTUSblog,
The Supreme Court term that ended in late June may have lacked the high-profile cases found in many of the terms that preceded it, but the new term will have no shortage of blockbusters. Today the justices released the calendar for October’s oral arguments, which will include not only the dispute over President Donald Trump’s…

Court hands each side a partial victory in dispute over scope of travel ban
SCOTUSblog,
On the same day that it scheduled oral argument in the dispute over President Donald Trump’s March 6 executive order, the Supreme Court turned down a request by the federal government to clarify exactly what it meant when it said that individuals with a close family relationship could continue to apply for visas to enter…

Trump Refugee Restrictions Allowed for Now; Ban on Grandparents Is Rejected
The New York Times,
The Supreme Court on Wednesday gave the White House a mixed ruling as challenges to the travel ban make their way through the courts.

Some Aspects of the Matal v. Tam Trademark Case That Would Have Benefitted from More Explanation
Justia's Verdict,
Illinois Law dean and professor Vikram David Amar comments on the U.S. Supreme Court’s recent decision in Matal v. Tam, in which the Court struck down as unconstitutional part of the federal trademark registration statute that prohibits registration of disparaging marks. Amar points out that the Court’s decision in Matal is difficult to square with its reasoning and holding in Walker v. Texas Division, Sons of Confederate Soldiers, a case from two years ago in which the Court upheld Texas’s refusal to approve a specialty license plate design that made extensive use of the Confederate flag image.

Summer Order Lists
Supreme Court of the United States,
For your planning purposes, summer order lists are scheduled to be issued on July 17, August 7, and August 25, 2017.  Summer order lists usually consist of actions taken by the Court on motions in pending cases, petitions for rehearing, and other miscellaneous matters.  Emergency orders, such as in applications for stays, will continue to be released as required.

Current Supreme Court Justices

John G. Roberts, Jr.
John G. Roberts, Jr.
Chief Justice of the United States
Anthony M. Kennedy
Anthony M. Kennedy
Associate Justice
Clarence Thomas
Clarence Thomas
Associate Justice
Ruth Bader Ginsburg
Ruth Bader Ginsburg
Associate Justice
Stephen G. Breyer
Stephen G. Breyer
Associate Justice
Samuel A. Alito, Jr.
Samuel A. Alito, Jr.
Associate Justice
Sonia Sotomayor
Sonia Sotomayor
Associate Justice
Elena Kagan
Elena Kagan
Associate Justice
Neil M. Gorsuch
Neil M. Gorsuch
Associate Justice