Recent Decisions
Becerra v. Empire Health Foundation, For Valley Hospital Medical Center (June 24, 2022)
In calculating the Medicare “disproportionate share hospital” payment adjustment, individuals “entitled to" Medicare Part A benefits are all those qualifying for the program, regardless of whether they receive Medicare payments for part or all of a hospital stay.
Dobbs v. Jackson Women's Health Organization (June 24, 2022)
Overruling Roe v. Wade, the Supreme Court holds that the Constitution does not confer a right to abortion.
Berger v. North Carolina State Conference of the NAACP (June 23, 2022)
North Carolina legislative leaders must be permitted to intervene in a federal constitutional challenge to the state's new voter identification law.
Nance v. Ward (June 23, 2022)
Section 1983 is an appropriate vehicle for a prisoner’s method-of-execution claim where the prisoner proposes an alternative method not authorized by the state’s death-penalty statute
New York State Rifle & Pistol Association., Inc. v. Bruen (June 23, 2022)
New York's requirement that an applicant for an unrestricted license to “have and carry” a concealed pistol or revolver must prove "a special need for self-protection distinguishable from that of the general community” is unconstitutional.
Vega v. Tekoh (June 23, 2022)
A violation of the Miranda rules does not provide a basis for a section 1983 Fifth Amendment claim.
United States v. Washington (June 21, 2022)
Applying sovereign immunity, the Supreme Court invalidates a Washington law that discriminated against the federal government and its contractors at a particular federal site.
United States v. Taylor (June 21, 2022)
Attempted Hobbs Act robbery does not qualify as a “crime of violence” for purposes of enhanced sentencing under 18 U.S.C. 924(c)(3)(A) because no element of the offense requires proof that the defendant used, attempted to use, or threatened to use force.
Carson v. Makin (June 21, 2022)
Maine’s “nonsectarian” requirement for otherwise generally available secondary school tuition assistance payments violates the Free Exercise Clause.
Shoop v. Twyford (June 21, 2022)
A transportation order that allows a prisoner to search for new evidence is not “necessary or appropriate in aid of” a federal court’s adjudication of a habeas corpus action when the prisoner has not shown that the desired evidence would be admissible in connection with a claim for relief.
Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc. (June 21, 2022)
The Medicare Secondary Payer statute does not authorize disparate-impact liability; a benefits plan that offers all of its participants the same limited coverage for outpatient dialysis does not violate the statute.
Latest Supreme Court News
Decades Ago, Alito Laid Out Methodical Strategy to Eventually Overrule Roe
The New York Times,
A slow-burning hostility to constitutional abortion rights runs through the career of the author of the Supreme Court opinion overturning them.
Americans Face New Abortion Landscape in Wake of Roe Decision
The New York Times,
Around the country, a patchwork of laws was taking hold amid protest and celebration.
How Did Roe Fall? Before a Decisive Ruling, a Powerful Red Wave.
The New York Times,
The downfall of the constitutional right to abortion began 12 years ago, after Republicans swept state house elections and passed hundreds of restrictions.
Planned Parenthood of Utah Sues to Block the State’s Abortion Ban
The New York Times,
The lawsuit argues that the state’s ban violates several provisions in the State Constitution, including the right to determine family composition and the right to equality between the sexes.
The Peculiar Historical Methodology of the SCOTUS Handgun Carry Case
Justia's Verdict,
Cornell Law professor Michael C. Dorf comments on the Supreme Court’s opinion in New York State Rifle & Pistol Assn., Inc. v. Bruen invalidating a New York law restricting licenses to carry concealed handguns to persons able to demonstrate a “special need” for one. Professor Dorf explains that the majority opinion adopts a methodology that focuses exclusively on history, which he argues could make it nearly impossible for government to protect people from new threats due to gun violence.
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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