Archive for the 'Constitutional Law' Category



In US v. Navajo Nation, the Court affirmed their decision from six years ago to limit the royalties that the Native American tribe could collect from coal deals made several decades ago. Justice Souter filed a brief concurrence, printed here in its entirety: I am not through regretting that my position in United States v. [...]

The Supreme Court handed down two opinions today. (43) Corley v. United States Docket Filing | Questions Presented Case Number: 07-10441 On Appeal From: USCA-3 Date Argued: January 21, 2009 Date Decided: April 6, 2009 5-4; Vacated and Remanded Majority: Souter(m), Stevens, Kennedy, Ginsburg, Breyer Dissent: Alito(d), Roberts, Scalia, Thomas Days between argument and opinion: [...]

The Supreme Court dismissed the suit brought in al-Marri v. Spagone during conference this morning. The order is here. Al-Marri argued that he was being held unlawfully because he had not been formally charged with any crimes during his almost 6-year long detention. That changed last week when the Obama administration filed formal charges against [...]

The Supreme Court handed down an opinion today in Wyeth v. Levine (here). (29) Wyeth v. Levine Docket Filing | Questions Presented Case Number: 06-1249 On Appeal From: SC-VT Date Argued: November 3, 2008 Date Decided: March 4, 2009 6-3; Affirmed Majority: Stevens(m), Kennedy, Souter, Ginsburg, Breyer(c), Thomas(c) Dissent: Alito(d), Roberts, Scalia Days between argument [...]

The Supreme Court continued its quest to strike at Article III taxpayer standing today in its opinion in Summers v. Earth Island Institute (here). In 1968, the Court ruled 8-1 in Flast v. Cohen (here) that Florence Flast and others could file suit against the Secretary of Health, Education, and Welfare for violating the First [...]

The Supreme Court handed down two opinions today. (28) Negusie v. Holder Docket Filing | Questions Presented Case Number: 07-499 On Appeal From: USCA-5 Date Argued: November 5, 2008 Date Decided: March 3, 2009 8-1; Reversed and Remanded Majority: Kennedy(m), Roberts, Scalia(c), Souter, Ginsburg, Alito, Stevens(c), Breyer Dissent: Thomas(d) Days between argument and opinion: 118 [...]

I filed an amicus brief this morning in Ricci v. DeStefano (07-1428, 08-328.) You can find the brief here.

The Supreme Court today refused to grant cert. in Mukasey v. ACLU, challenging the Child Online Protection Act of 1998. After several trips to the Supreme Court, the District Court most recently struck the law down for being impermissibly vague and not at all narrowly tailored to meet a compelling interest. The District Court found [...]

As expected, the Supreme Court handed down several opinions today. Waddington v. Sarausad

The Supreme Court has long been criticized for poorly patrolling its lower courts for circuit splits. At least recently, the Supreme Court has issued relatively few summary judgements and summary reversals to clarify its recent decisions before they grow out of hand. The Court today did just that when they summarily reversed a decision of [...]



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