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.
Latest Supreme Court News
Symposium: High stakes for federalism in heavyweight clash over the anti-commandeering doctrine
SCOTUSblog,
Elbert Lin is the solicitor general of West Virginia. Thomas M. Johnson Jr. is the deputy solicitor general of West Virginia. The attorney general of West Virginia, Patrick Morrisey, led a certiorari-stage amicus brief in support of the petitioners. Christie v. National Collegiate Athletic Association has the markings of a sleeper blockbuster. The Supreme Court…
Ban the Open Carry of Firearms
The New York Times,
Without a prohibition, the armed intimidation we saw in Charlottesville will continue.
Symposium: It’s time to abandon anti-commandeering (but don’t count on this Supreme Court to do it)
SCOTUSblog,
Steven D. Schwinn is a professor of law at John Marshall Law School in Chicago. Students of the Constitution can be excused for scratching their heads at the anti-commandeering doctrine. That’s because this rule, which says that the federal government can’t require states or state officials to adopt or enforce federal law, has no basis…
Neil Gorsuch Speech at Trump Hotel Raises Ethical Questions
The New York Times,
Soon after Justice Gorsuch’s speech, the Supreme Court will hear a case about President Trump’s travel ban, and the hotel is at issue in other cases.
Electronic Filing
Supreme Court of the United States,
The Supreme Court’s new electronic filing system will begin operation on November 13, 2017. A quick link on the Court’s website homepage will provide access to the new system, developed in-house to provide prompt and easy access to case documents. Once the system is in place, virtually all new filings will be accessible without cost to the public and legal community. Initially the official filing of documents will continue to be on paper in all cases, but parties who are...
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.
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