Recent Decisions
Biden v. Texas (June 30, 2022)
In 2019, the Department of Homeland Security implemented the Migrant Protection Protocols (MPP): certain non-Mexican nationals arriving by land from Mexico were returned to Mexico to await the results of their removal proceedings. Immigration and Nationality Act (INA) section 1225(b)(2)(C) provides...
West Virginia v. Environmental Protection Agency (June 30, 2022)
In 2015, the Environmental Protection Agency (EPA) promulgated the Clean Power Plan rule, which addressed carbon dioxide emissions from existing power plants, citing Section 111 of the Clean Air Act,” 42 U.S.C. 7411(d). Although the states set the enforceable rules governing existing sources, EPA d...
Oklahoma v. Castro-Huerta (June 29, 2022)
The federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.
Torres v. Texas Department of Public Safety (June 29, 2022)
In a case under the Uniformed Services Employment and Reemployment Rights Act, Texas is not protected by sovereign immunity; by ratifying the Constitution, the state agreed that its sovereignty would yield to the national power to raise and support the Armed Forces.
Kennedy v. Bremerton School District (June 27, 2022)
A high school coach, fired after kneeling on the field in private prayer after games, was entitled to summary judgment on his First Amendment claims against the school district.
Concepcion v. United States (June 27, 2022)
The First Step Act of 2018 allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence.
Ruan v. United States (June 27, 2022)
In prosecutions of medical doctors for the distribution of controlled substances, the “knowingly or intentionally” mental state requirement applies to the “except as authorized” clause.
Dobbs v. Jackson Women's Health Organization (June 24, 2022)
Abortion presents a profound moral question, and the Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion. This decision overrules Roe v. Wade and Planned Parenthood of Pennsylvania v. Casey.
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.
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
Vega v. Tekoh (June 23, 2022)
A violation of the Miranda rules does not provide a basis for a section 1983 Fifth Amendment claim.
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.
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.
Latest Supreme Court News
Your Friday Briefing: A Major U.S. Climate Ruling
The New York Times,
Plus Xi Jinping visits Hong Kong and Ukraine takes back Snake Island.
What Does the Supreme Court’s E.P.A. Ruling Mean for Regulation?
The New York Times,
The Supreme Court’s ruling in a case involving the E.P.A. could mean many other types of regulations might now be harder to defend.
Jackson Becomes First Black Woman on the Supreme Court
The New York Times,
Justice Ketanji Brown Jackson was sworn in as the nation’s 116th justice, becoming the first Black woman to serve on the Supreme Court. She replaced Justice Stephen G. Breyer, who retired.
Court Decision Leaves Biden With Few Tools to Combat Climate Change
The New York Times,
A Supreme Court ruling, combined with an energy crunch and intraparty politics, makes it nearly impossible for President Biden to achieve his climate goals.
Clear Skies or Stormy Weather? The FAA’s Transportation Worker Exception After Southwest Airlines v. Saxon— Part One of a Two-Part Series
Justia's Verdict,
In this first of a two-part series of columns on the Supreme Court’s decision in Southwest Airlines v. Saxon, Barry Winograd summarizes the facts leading up to the case and the Court’s decision and reasoning. In particular, Mr. Winograd explains the two prior decisions addressing the FAA’s transportation worker exemption, Circuit City Stores, Inc. v. Adams, decided in 2001, concluding that the residual clause in Section 1 covers only transportation workers and not workers generally, and New Prime, Inc. v. Oliveira, applying the exception to an interstate truck driver classified as an independent contractor and not an employee.
Summer Order Lists
Supreme Court of the United States,
For your planning purposes, summer order lists are scheduled to be issued on August 1, August 22, and September 9, 2022. Summer order lists usually consist of actions taken by the Court on motions in pending cases, petitions for rehearing, and other miscellaneous matters. Emergency orders, such as in applications for stays, will continue to be released as required.
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Photos of the justices courtesy of the Collection of the Supreme Court of the United States