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Recent Supreme Court Decisions

Wittman v. Personhuballah (May 23, 2016)
To establish standing in a challenge to a congressional redistricting plan, a candidate must provide evidence that the plan harms their prospects of election, and standing may not be found if a candidate runs for office despite the plan being in effect.

Green v. Brennan (May 23, 2016)
The 45-day period for contacting the Equal Employment Opportunity Commission (EEOC) in a constructive discharge action does not start running until after the employee resigns, since resignation is an integral part of the cause of action.

Foster v. Chatman (May 23, 2016)
The Supreme Court has jurisdiction to review the denial of a Certificate of Probable Cause if the denial is based at least in part on the application of federal law or the U.S. Constitution. Also, the prosecution's post hoc justifications for using certain peremptory strikes should not be accepted under the Batson doctrine if the record does not support those justifications.

Luna Torres v. Lynch (May 19, 2016)
For immigration purposes, a state crime counts as an aggravated felony in deportation proceedings when it has the same elements as a federal crime that is listed as an aggravated felony except for an element that requires a connection to interstate or foreign commerce.

CRST Van Expedited, Inc. v. Equal Employment Opportunity Comm'n (May 19, 2016)
Defendants who prevail in Title VII cases may be awarded their litigation fees even if they did not receive a favorable ruling on the merits, such as when a claim is dismissed on procedural grounds.

Betterman v. Montana (May 19, 2016)
The Speedy Trial Clause of the Sixth Amendment applies only before conviction rather than to delays in post-conviction sentencing.

Most Read Opinions

Tennessee v. Garner, 471 U.S. 1 (1985)
Under the Fourth Amendment of the U.S. Constitution, a police officer may use deadly force to prevent the escape of a fleeing suspect only if the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.

Terry v. Ohio, 392 U.S. 1 (1968)
Under the Fourth Amendment of the U.S. Constitution, a police officer may stop a suspect on the street and frisk him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous."

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954)
The Equal Protection Clause of the Fourteenth Amendment to the United States Constitution prohibits states from segregating public school students on the basis of race. This marked a reversal of the "separate but equal" doctrine from Plessy v. Ferguson that had permitted separate schools for white and colored children provided that the facilities were equal.

Miranda v. Arizona, 384 U.S. 436 (1966)
Under the Fourth Amendment, any statements that a defendant in custody makes during an interrogation are admissible as evidence at a criminal trial only if law enforcement told the defendant of the right to remain silent and the right to speak with an attorney before the interrogation started. The prosecution also must be able to prove that any waiver of these rights was both knowing and voluntary.

Brady v. Maryland, 373 U.S. 83 (1963)
The government's withholding of evidence that is material to the determination of either guilt or punishment of a criminal defendant violates the defendant's constitutional right to due process.

Roe v. Wade, 410 U.S. 113 (1973)
A person may choose to have an abortion until a fetus becomes viable, based on the right to privacy contained in the Due Process Clause of the Fourteenth Amendment. Viability means the ability to live outside the womb, which usually happens between 24 and 28 weeks after conception.

Mapp v. Ohio, 367 U.S. 643 (1961)
The prosecution is not allowed to present evidence that law enforcement secured during a search that was unconstitutional under the Fourth Amendment.

Lawrence v. Texas, 539 U.S. 558 (2003)
A Texas law criminalizing consensual, adult homosexual intercourse violates the Due Process Clause of the Fourteenth Amendment.

Plessy v. Ferguson, 163 U.S. 537 (1896)
Later overruled by Brown v. Board of Education, this decision embraced the now-discredited idea that “separate but equal” treatment for whites and African-Americans is permissible under the Fourteenth Amendment.

Tinker v. Des Moines School District, 393 U.S. 503 (1969)
Since First Amendment protections extend to students in public schools, educational authorities who want to censor speech will need to show that permitting the speech would significantly interfere with the discipline needed for the school to function.