US Supreme Court Center
Marinello v. United States (March 21, 2018)
To convict a defendant of obstruction under the Tax Code's Omnibus Clause, the government must prove the defendant was aware of a pending tax-related proceeding.
Ayestas v. Davis (March 21, 2018)
In requiring a petitioner to show a "substantial need" for funding for services to support a procedurally defaulted habeas claim, the Fifth Circuit applied an incorrect standard.
Cyan, Inc. v. Beaver County Employees Retirement Fund (March 20, 2018)
The Securities Litigation Uniform Standards Act of 1998 does not strip state courts of jurisdiction over class actions alleging only violations of the Securities Act of 1933 nor does it authorize removal of such suits to federal court.
U. S. Bank N. A. v. Village at Lakeridge, LLC (March 5, 2018)
The Ninth Circuit properly applied the clear error standard rather than de novo review to a determination that a purchaser was not a nonstatutory insider for purposes of approving a cramdown plan of reorganization.
Merit Management Group, LP v. FTI Consulting, Inc. (February 27, 2018)
Section 546(6)'s "safe harbor" exemption from avoidance of fraudulent transfers applies only if the transfer sought to be avoided involved financial institutions and not to situations where financial institutions merely serve as conduits for the ultimate transfer.
Latest Supreme Court News
Argument preview: For the second time this term, justices to take up partisan gerrymandering
In October, the Supreme Court heard oral argument in a case alleging that Wisconsin’s Republican-controlled legislature had drawn the state’s redistricting plan to put Democrats at a disadvantage – a claim known as “partisan gerrymandering.” The plaintiffs challenging that plan argued that it violated their constitutional right to be treated equally under the law, but…
Court dismisses Salt River Project v. Tesla Energy Operations
Today the Supreme Court dismissed Salt River Project v. Tesla Energy Operations Inc. at the request of the parties. The Supreme Court had granted certiorari in this case on the question of whether a district-court order denying antitrust state-action immunity may be appealed immediately, or only after a final judgment. The court initially set the…
Opinion analysis: A “nexus” requirement for the tax code’s obstruction felony
The Supreme Court ruled yesterday in a 7-2 decision that the federal government must prove a “nexus” between a particular administrative proceeding and a taxpayer’s conduct in order to secure a conviction under the “omnibus clause” in Section 7212(a) of the Internal Revenue Code, which makes it a felony “corruptly or by force” to “endeavo[r]…
Supreme Court Warily Eyes California Law Involving Abortion and Free Speech
The New York Times,
The justices heard arguments in a First Amendment challenge to a law requiring “crisis pregnancy centers” to provide information on abortion.
Supreme Court Divides Over What a Law Is
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.
Revisions to the Rules of the Court
Supreme Court of the United States,
The Supreme Court of the United States has adopted a revised version of the Rules of the Court. The revisions to the Rules are necessary to implement the Court’s electronic filing system. The revised version will take effect on November 13, 2017 when the electronic filing system will begin operation. New Rule 29.7 provides that filers who are represented by counsel must submit documents through the electronic filing system in conformity with “Guidelines for the...
Current Supreme Court Justices
Chief Justice of the United States