Recent Decisions
WesternGeco LLC v. ION Geophysical Corp. (June 22, 2018)
WesternGeco owns patents for a system used to survey the ocean floor. ION sold a competing system, built from components manufactured in the U.S., then shipped abroad for assembly into a system indistinguishable from WesternGeco’s. WesternGeco sued for patent infringement, 35 U.S.C. 271(f)(1) and (f...
Currier v. Virginia (June 22, 2018)
Currier was indicted for burglary, grand larceny, and unlawful possession of a firearm by a convicted felon. Because the prosecution could introduce evidence of his prior burglary and larceny convictions to prove the felon-in-possession charge, which might prejudice the jury’s consideration of the o...
Dalmazzi v. United States (June 22, 2018)
Carpenter v. United States (June 22, 2018)
When a phone connects to a cell site, it generates time-stamped cell-site location information (CSLI) that is stored by wireless carriers for business purposes. The FBI identified the cell phone numbers of robbery suspects. Prosecutors obtained court orders to get the suspects’ CSLI under the Stored...
Ortiz v. United States (June 22, 2018)
Wisconsin Central Ltd. v. United States (June 21, 2018)
Employee stock options are not taxable “compensation” under the Railroad Retirement Tax Act because they are not “money remuneration.”
South Dakota v. Wayfair, Inc. (June 21, 2018)
Overruling its own precedent requiring physical presence in the state, the Supreme Court holds that states may require out-of-state sellers to collect and remit sales tax.
Pereira v. Sessions (June 21, 2018)
A putative notice to appear that fails to designate the specific time or place of the noncitizen’s removal proceedings is not a notice to appear under 8 U.S.C. 1229(a), and does not trigger the "stop-time rule" with respect to eligibility for cancellation of removal.
Lucia v. Securities and Exchange Commission (June 21, 2018)
Securities and Exchange Commission’s ALJs are “Officers of the United States,” subject to the Appointments Clause.
Chavez-Meza v. United States (June 18, 2018)
Because the record as a whole demonstrated that the judge had a reasoned basis for his decision, the judge’s explanation for petitioner’s sentence reduction was adequate.
Besinek v. Lamone (June 18, 2018)
Maryland District Court properly denied preliminary injunctive relief in a case alleging retaliatory gerrymandering.
Lozman v. Riviera Beach (June 18, 2018)
The existence of probable cause for the plaintiff's arrest does not bar his First Amendment retaliation suit under 42 U.S.C. 1983 because of the requirement that the plaintiff prove an official policy motivated by retaliation.
Rosales-Mireles v. United States (June 18, 2018)
A miscalculation of a Guidelines sentencing range that has been determined to be plain and to affect a defendant’s substantial rights calls for a court of appeals to exercise its discretion under Rule 52(b) to vacate the defendant’s sentence in the ordinary case.
Gill v. Whitford (June 18, 2018)
Vacating the district court's finding of gerrymandering, the Supreme Court holds that Wisconsin Democrats failed to establish standing to challenge redistricting.
Latest Supreme Court News
The Worrisome Future of Policing Technology
The New York Times,
The Supreme Court says a warrant is needed for data from cellphone companies. But that’s not enough. We need regulation.
Opinion analysis: Court holds that police will generally need a warrant for sustained cellphone location information (Updated)
SCOTUSblog,
[NOTE: This post was updated with additional analysis at 2:11 p.m.] Over 40 years ago, the Supreme Court outlined what has come to be known as the “third-party doctrine” – the idea that the Fourth Amendment does not protect records or information that someone voluntarily shares with someone or something else. Today the Supreme Court…
Opinion analysis: Court rejects agency interpretation of immigration statute, giving immigrant a chance at lawful residence
SCOTUSblog,
Eight justices sided with Wescley Fonseca Pereira in his argument that a government-issued document notifying him of the government’s intention to initiate removal proceedings against him did not stop the clock on his continuous physical presence in the United States, leaving him eligible for potential relief from removal. At a time when immigrants are frequently…
Defending Privacy, Supreme Court Says Warrants Generally Are Necessary to Collect Cellphone Location Data
The New York Times,
The 5-to-4 decision has implications for all kinds of personal information held by third parties, including email and text messages, internet searches, and bank and credit card records.
How Do YOU Think About the Right to Vote?
Justia's Verdict,
UNLV Boyd School of Law professor Leslie C. Griffin comments on the US Supreme Court’s 5–4 decision in Husted v. A. Philip Randolph Institute, in which the Court upheld the legality of Ohio’s voter list maintenance procedure. Griffin explains some of the key points made in each of the four opinions and shares a deeply personal story about how she came to understand how seemingly innocuous list-maintenance laws like the one in this case disproportionately affect minorities, low-income people, the disabled, the homeless, and veterans—just as Justice Sotomayor described in her separate dissent.
Press Release Regarding Justice Sotomayor
Supreme Court of the United States,
U.S. Supreme Court Justice Sonia Sotomayor is scheduled to undergo reverse total shoulder replacement surgery tomorrow morning. Justice Sotomayor injured her left shoulder in a fall at her home on April 16. Tests revealed she suffered a multipart displaced head splitting fracture of her proximal humerus. Further consultation with specialists indicated surgery was warranted. Justice Sotomayor will curtail activities for the next few weeks while she recuperates. She will wear a sling for...
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