Recent Decisions
Oil States Energy Services, LLC v. Greene's Energy Group, LLC (April 24, 2018)
Inter partes review of patent claims does not violate Article III.
SAS Institute Inc. v. Iancu (April 24, 2018)
When the Patent Office institutes an inter partes review, it must decide the patentability of all of the claims the petitioner has challenged.
Jesner v. Arab Bank, PLC (April 24, 2018)
Foreign corporations may not be defendants in suits brought under the Alien Tort Statute, which is strictly jurisdictional and does not provide or define a cause of action for international law violations.
United States v. Microsoft Corp. (April 17, 2018)
Clarifying Lawful Overseas Use of Data Act (2018) rendered moot a challenge to a warrant requiring Microsoft to disclose electronic communications stored overseas.
Wilson v. Sellers (April 17, 2018)
A federal habeas court reviewing an unexplained state-court decision on the merits should “look through” that decision to the last related state-court decision that provides a relevant rationale and presume that the unexplained decision adopted the same reasoning.
Latest Supreme Court News
Argument analysis: Justices seem ready to reject binding-deference rule for foreign law
SCOTUSblog,
When a case comes to the Supreme Court, the justices are usually interpreting U.S. laws – either the U.S. Constitution or a federal statute. But in today’s global economy, resolving cases brought under U.S. law in U.S. courts can also require an understanding of foreign laws. And that’s not always easy, especially when the foreign…
Trump’s Travel Ban Faces a Supreme Court Test
The New York Times,
The case reached the justices 15 months after the first travel ban caused chaos at the nation’s airports and set a new tone on immigration.
Argument analysis: Redistricting again divides justices
SCOTUSblog,
The 2010 census brought good news for Texas. In the 10 years since the last census, it had gained nearly four million residents, which translated into four more seats in the U.S. House of Representatives. Those changes would require the state’s Republican-controlled legislature to draw new maps for both Congress and the statehouse, which it…
Supreme Court Continues to Narrow the Meaning of Obstruction
The New York Times,
A recent ruling reinforced a message that it’s not enough to show that conduct may have had some tangential impact on a case like the investigation of Russian influence in the 2016 election.
Trump, President of U. S. v. Hawaii, April 25, 2018
Supreme Court of the United States,
The Court will provide the audio recording and transcript of the oral argument in 17-965, Trump, President of U.S. v. Hawaii, on an expedited basis through the Court's website. The argument is scheduled to be heard on Wednesday, April 25 at 10 a.m. The Court will post the audio recording and unofficial transcript as soon as the digital files are available for uploading to the website. The audio recording and transcript should be available no later than 2 p.m. on April 25. Anyone interested...
Supreme Court Divides Over What a Law Is
Justia's Verdict,
Cornell University law professor Michael C. Dorf comments on a recent sharply divided decision by the US Supreme Court in Patchak v. Zinke, in which Court considered whether a particular piece of legislation actually constitutes a law. Dorf explains why the issue was so difficult and points out some of the flaws in reasoning by both the plurality and the dissent.
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