SCOTUS Ends February Sitting With Oral Arguments in Six Cases
Constitutional Law Reporter
by DONALD SCARINCI
3d ago
The U.S. Supreme Court held oral arguments in six cases to end its February sitting. A pair of cases challenging Texas and Florida’s controversial social media laws took center stage. NetChoice, LLC v. Paxton and Moody v. NetChoice, LLC center on states’ ability to regulate major social media platforms like Facebook, YouTube, and X (formerly known as Twitter). While the state laws are slightly different, both limit social media platforms’ ability to engage in content moderation by removing, editing, or arranging user-generated content. Both laws also require platforms to provide individualize ..read more
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Supreme Court Hears Challenge to EPA’s Good Neighbor Rule
Constitutional Law Reporter
by DONALD SCARINCI
3w ago
The U.S. Supreme Court heard oral arguments in four cases last week. One of the most closely watched is Ohio v. Environmental Protection Agency, which challenges the U.S. Environmental Protection Agency’s (EPA) “Good Neighbor” pollution rule. While the case centers on the EPA’s regulation of interstate air pollution under the Clean Air Act, the issues before the Court are largely procedural. The Clean Air Act tasks the EPA with establishing National Ambient Air Quality Standards for certain air pollutants, including ozone. States must then devise plans to implement the standards. As rele ..read more
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Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act
Constitutional Law Reporter
by DONALD SCARINCI
3w ago
In Department of Agriculture Rural Development Rural Housing Service v. Kirtz, 601 U.S. ____ (2024), the U.S. Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). Facts of the Case The Fair Credit Reporting Act of 1970, as amended by the Consumer Credit Reporting Reform Act of 1996, allows consumers to sue lenders who willfully or negligently supply false information about them to entities that generate credit reports. Respondent Reginald Kirtz secured a loan from a division ..read more
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Supreme Court to Determine Whether Trump Stays on Colorado Ballot
Constitutional Law Reporter
by DONALD SCARINCI
1M ago
The Supreme Court will soon hear oral arguments in Trump v. Anderson, which will determine whether President Donald Trump may remain on the 2024 presidential primary ballot in the State of Colorado. The decision could have broad implications given that other state courts have deferred ruling until the Supreme Court weighs in on Trump’s eligibility. Facts of the Case The case began when a group of Colorado electors eligible to vote in the Republican presidential primary—both registered Republican and unaffiliated voters (collectively, “the Electors”)—filed a petition in the District Court for ..read more
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SCOTUS Kicks Off January 2024 Session With Five Cases
Constitutional Law Reporter
by DONALD SCARINCI
2M ago
The U.S. Supreme Court returned from recess on January 4, 2024. The Court’s January session will feature some of the Term’s biggest cases, with several testing the limit of the federal government’s regulatory power.  To kick off the session, the justices heard oral arguments in five cases. Below is a brief summary of the issues before the Court: Federal Bureau of Investigation v. Fikre: The case revolves around the “No Fly List” established by the federal government in the wake of the September 11 attacks. Individuals are sometimes removed from the No Fly List during ongoing litigation a ..read more
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SCOTUS to Take on Sixth Amendment’s Confrontation Clause
Constitutional Law Reporter
by DONALD SCARINCI
2M ago
The U.S. Supreme Court’s January docket features several closely watched cases involving constitutional law. In Smith v. Arizona, the justices will address whether the Confrontation Clause of the Sixth Amendment permits the prosecution in a criminal trial to present testimony by a substitute expert conveying the testimonial statements of a non-testifying forensic analyst. Facts of the Case Jason Smith was convicted and sentenced for possessing dangerous drugs, marijuana for sale, narcotic drugs, and drug paraphernalia. At the trial, the State of Arizona called Department of Public Safety (DPS ..read more
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Supreme Court Agrees to Hear Case Over Access to Abortion Pill
Constitutional Law Reporter
by DONALD SCARINCI
2M ago
The U.S. Supreme Court recently agreed to take on another controversial abortion dispute. The consolidated cases before the justices this time around involve access to a drug used in medical abortions. The decision will be closely watched given the Court’s decision in Dobbs v. Jackson Women’s Health Organization, which abolished the constitutional right to an abortion. Facts of the Case The case concerns mifepristone, a drug that the U.S. Food and Drug Administration (FDA) approved in 2000 as safe and effective for terminating early pregnancies. Upon approval, theFDA imposed a number of condi ..read more
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SCOTUS to Consider Obstruction Statute at Issue in Jan. 6 Prosecutions
Constitutional Law Reporter
by DONALD SCARINCI
2M ago
The U.S. Supreme Court recently granted certiorari in Fischer v. United States. The case challenges the D.C. Circuit Court of Appeals’ interpretation of a federal statute prohibiting obstruction of congressional inquiries and investigations. The law has been used in the prosecutions of numerous defendants charged in connection with the Jan. 6 attack on the Capitol, including former President Donald Trump. Facts of the Case The key issue before the Court is whether individuals who allegedly assaulted law enforcement officers while participating in the Capitol riot can be charged with ..read more
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SCOTUS Issues Term’s First Decision – Finds ADA Case Moot
Constitutional Law Reporter
by DONALD SCARINCI
3M ago
The U.S. Supreme Court recently issued the term’s first decision in an argued case. In Acheson Hotels, LLC v. Laufer, 601 U.S. ____ (2023), the Court unanimously held the case is moot, declining to reach a closely watched issue of “tester” standing under the Americans With Disabilities Act (ADA). Facts of the Case The Supreme Court granted review to consider whether Deborah Laufer has Article III standing to sue hotels whose websites failed to state whether they have accessible rooms for the disabled as required by the Americans with Disabilities Act of 1990, even if Laufer had no thought of ..read more
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SCOTUS Adds Two Additional Gun Rights Cases to Docket
Constitutional Law Reporter
by DONALD SCARINCI
3M ago
The U.S. Supreme Court continues to add high-profile gun rights cases to its docket. One of the new cases involves a First Amendment challenge brought by the National Rifle Association (NRA). The second case centers on whether a “bump stock” – an attachment that converts a semiautomatic rifle into a fully automatic weapon – qualifies as a “machinegun” under federal law. National Rifle Association of America v. Vullo The NRA alleges that Maria T. Vullo, the former Superintendent of the New York State Department of Financial Services (DFS), used her regulatory power to threaten NRA business par ..read more
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