Recent Decisions
Shurtleff v. Boston (May 2, 2022)
Boston's policy of allowing groups to raise flags on City Hall Plaza without regard to the message on any flag indicates that the flag-raising program does not express government speech so Boston’s refusal to let a Christian group fly its flag violated the Free Speech Clause.
LeDure v. Union Pacific Railroad Co. (April 28, 2022)
Cummings v. Premier Rehab Keller, P.L.L.C. (April 28, 2022)
Emotional distress damages are not recoverable in a private action to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act.
Boechler v. Commissioner of Internal Revenue (April 21, 2022)
The Tax Code's 30-day time limit to file a petition with the Tax Court for review of a collection due process determination is a non-jurisdictional deadline subject to equitable tolling.
Cassirer v. Thyssen-Bornemisza Collection Foundation (April 21, 2022)
In a Foreign Sovereign Immunities Act suit raising non-federal claims against a foreign state or instrumentality, a court should determine the substantive law by using the same choice-of-law rule applicable in a similar suit against a private party..
Latest Supreme Court News
The Death of Roe Is Going to Tear America Apart
The New York Times,
You think we hate each other now? Just wait.
America Is Not Ready for the End of Roe v. Wade
The New York Times,
Americans are about to lose a constitutional right. It’s worth fighting for.
The Abortion Case: A ‘Spurious’ Argument and ‘Clear Bias’
The New York Times,
Readers raise questions about the constitutional reasoning and Catholic influence in the leaked draft ruling. Also: Preventing addiction; access to parks.
How the leak might have happened
SCOTUSblog,
Among the debates generated by the leak of Justice Samuel Alito’s opinion in Dobbs is whether the leaker was conservative or liberal. The leak will ultimately pale in importance to the court’s decision once it is issued; the ruling will directly affect the lives and... The post How the leak might have happened appeared first on SCOTUSblog.
Overruling Roe is Just the Beginning
Justia's Verdict,
In response to the leaked draft opinion by Justice Samuel Alito in Dobbs v. Jackson Women’s Health Org., Cornell Law professor Michael C. Dorf comments on the likely ramifications of the Supreme Court’s overruling Roe v. Wade, the seminal case recognizing the constitutional right to seek an abortion. Professor Dorf argues that the language and reasoning of the draft suggest that this emboldened Court with a super-majority of Republican appointees is also preparing to overrule Lawrence v. Texas (recognizing the right of consenting adults to engage in same-sex sexual conduct) and Obergefell v. Hodges (recognizing the right of same-sex couples to marry).
Press Release
Supreme Court of the United States,
Yesterday, a news organization published a copy of a draft opinion in a pending case. Justices circulate draft opinions internally as a routine and essential part of the Court’s confidential deliberative work. Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case. Chief Justice John G. Roberts, Jr., provided the following statement: To the extent this betrayal...
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Photos of the justices courtesy of the Collection of the Supreme Court of the United States