Supreme Court Decision Syllabus (SCOTUS Podcast)
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Supreme Court Decision Syllabus (SCOTUS Podcast)
Following what the Supreme Court is actually doing can be daunting. Reporting on the subject is often only done within the context of political narratives of the day -- and following the Court's decisions and reading every new case can be a non-starter. The purpose of this Podcast is to make it as e...
Recent Episodes
568 episodes
Monsanto v. Durnell (Federal Preemption)
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In Monsanto Co. v. Durnell, the Supreme Court held that FIFRA expressly preempts a state-law failure-to-warn claim demanding a...
MULLIN v. DOE (TPS/Immigration/Admin Law)
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The TPS statute bars judicial review of non-constitutional claims.
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Blanche v. Lau (Immigration and Nationality Act)
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In Blanche v. Lau, the Supreme Court held that the Immigration and Nationality Act does not require a border officer to have cl...
Mullin v. Al Otro Lado (INA & Arriving in the United States)
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In Mullin v. Al Otro Lado, the Supreme Court held that an alien standing in Mexico does not "arrive in the United States" withi...
EXXON MOBIL CORP. v. CORPORACIÓN CIMEX, S. A. (CUBA & Helms-Burton Act lawsuits)
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The Helms-Burton Act itself abrogates the sovereign immunity of Cuban agencies and instrumentalities
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WOLFORD v. LOPEZ (2nd Amendment and Hawaii)
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Hawaii's rules about not allowing people to concealed carry on private property unless the owner posts consent is unconstitutio...
PUNG v. ISABELLA COUNTY (Tax Sale/Gvmt Forclosure/Takings)
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The proper baseline for measuring “just compensation” following a tax sale is the auction sale price, not the property’s hypoth...
LANDOR v. LOUISIANA DEPT. OF CORRECTIONS AND PUBLIC SAFETY (Spending Clause authority, RULIPA)
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Individuals may not be held liable in their personal capacities under a Spending Clause statute unless those individuals have...
Cisco v. Doe (Alien Tort Statute & Torture Victim Protection Act)
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The Supreme Court held that federal courts may no longer create new causes of action for violations of international law under...
McCarthy v. Hernandez (Habeas and Miranda)
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In a per curiam decision, the Supreme Court summarily reversed the Second Circuit’s grant of federal habeas relief to Pedro Her...
T. M. v. University of Md. Medical System Corporation (RookerFeldman Doctrine)
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We speak today to say...nothing has changed...
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Hunter v. United States (Criminal law appeal waiver enforceability)
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Because a criminal law appeal waiver must be both knowingly and voluntary a waiver of ineffective assistance of counsel is not...
United States v. Hemani (Second Amendment)
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The Supreme Court held that the government's prosecution of Ali Hemani under 18 U.S.C. §922(g)(3)'s prohibition on firearm poss...
FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. (Implied Rights of Action)
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In a 6–3 decision, the Supreme Court held that Section 47(b) of the Investment Company Act does not create an implied private r...
Keathley v. Buddy Ayers Construction, Inc. (judicial estoppel
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In a unanimous opinion by Justice Jackson, the Supreme Court vacated a Fifth Circuit decision that had barred Thomas Keathley’s...
Abouammo v. United States (venue)
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In a unanimous opinion by Justice Kagan, the Supreme Court held that a prosecution for falsifying a document in violation of 18...
FCC v. AT&T (Seventh Amendment)
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The Supreme Court held that the FCC’s procedure for assessing monetary forfeitures against regulated entities does not violate...
Hikma Pharmaceuticals USA, Inc. v. Amarin Pharma Inc. (Patent infringement)
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In a unanimous opinion by Justice Jackson, the Supreme Court held that Amarin failed to plausibly allege that Hikma actively in...
SRIPETCH v. SEC (Disgorgement)
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A showing of pecuniary loss to investors is not required before the SEC may obtain a disgorgement award.
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Whitton v. Dixon (Habeas Corpus)
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If anyone thinks I am pronouncing Giglio incorrectly, please see: https://documents.law.yale.edu/pronouncing-dictionary
I...
Rutherford v. United States (Compassionate Relief)
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Held: When Congress declines to make a sentencing amendment retroactive—as with the change to §924(c)—the resulting sentencing...
Allen v. Milligan (Voting Rights)
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In a brief per curiam order, the Supreme Court stayed a federal district court injunction that would have prevented Alabama fro...
FERNANDEZ v. UNITED STATES (Compassionate relief v Habeas)
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Held: A prisoner who collaterally attacks the validity of his conviction must proceed through 28 U. S. C. §2255, not 18 U. S. C...
Pitchford v. Cain (Batson claim)
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In a 5–4 decision, the Supreme Court held that the Mississippi Supreme Court unreasonably rejected death-row inmate Terry Pitch...
Margolin v. National Assoc. of Immigration Judges (party presentation)
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The Supreme Court in Margolin v. National Association of Immigration Judges reversed the Fourth Circuit for violating the princ...
M & K Employee Solutions, Inc. v. Trustees of IAM Nat. Pension
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Actuaries should probably use the best/most recent predictions about future stuff, and we should not try to tell them not to.
MONTGOMERY v. CARIBE TRANSPORT II, LLC
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A claim that one company negligently hired another to transport goods is not preempted by the FAAAA because States retain autho...
HAVANA DOCKS CORP. v. ROYAL CARIBBEAN CRUISES
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Held: The cruise lines’ use of the docks is sufficient to establish that they used “property which was confiscated by the Cuba...
JULES v. ANDRE BALAZS PROPERTIES (ARBITRATION, CIVIL PROCEDURE, FEDERAL COURT JURISDICTION)
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A federal court that has previously stayed claims in a pending ac tion under §3 of the FAA has jurisdiction to confirm or vaca...
FIRST CHOICE WOMEN’S RESOURCE CENTERS v. DAVENPORT, A.G. OF NEW JERSEY (1A and donor records)
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First Choice has established a present injury to its First Amend ment associational rights sufficient to confer Article III st...
Louisiana v. Callais (§2 of the Voting Rights Act)
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In Louisiana v. Callais, the Supreme Court held that Louisiana’s congressional map (SB8), which created an additional majority-...
ENBRIDGE ENERGY, LP v. NESSEL
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Because §1446(b)(1)’s text, structure, and context are inconsistent with equitable tolling, Enbridge’s removal was untimely. P...
DISTRICT OF COLUMBIA v. R.W. (PROBABLE CAUSE TO STOP/TERRY STOP/VEHICLE)
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Totality of the Circumstances is required in considering Probable Cause for a temporary stop. Probable Cause being defined as:...
Hencely v. Fluor Corp (Wartime contractor immunity)
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A U.S. Army specialist injured while stopping a Taliban suicide bomber at a base in Afghanistan sued military contractor Fluor...
Chevron USA Inc. v. Plaquemines Parish
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Chevron has plausibly alleged a close relationship between its challenged crude-oil production and the performance of its fede...
Chiles v. Salazar (First Amendment & talk therapy)
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The Court held that Colorado’s ban on “conversion therapy,” as applied to a licensed counselor providing only talk therapy, lik...
Rico v. United States (tolling supervised release)
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The Supreme Court held that the Sentencing Reform Act does not permit courts to automatically extend a defendant’s term of sup...
Cox Communications, Inc. v. Sony Music Entertainment (Secondary Copyright infringment--Contributory Liablity)
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The provider of a service is contributorily liable for a user’s infringement only if it intended that the provided service be u...
Zorn v. Linton (Qualified Immunity)
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2nd Circuit held an officer was not entitled to qualified immunity, the Supreme Court Disagrees and Reverses the order of the 2...