Supreme Court Decision Syllabus (SCOTUS Podcast)
This podcast makes it easy to follow the Supreme Court by reading every Opinion Syllabus without commentary. It aims to provide a neutral source of information for the public, law students, and attorneys. There are no advertisements or sponsors. The podcast is for informational and educational purposes only.
Episodes
DEPARTMENT OF HOMELAND SECURITY v. LEAGUE OF WOMEN VOTERS (Removes injunction below)
Send us Fan MailThe Court here removed the District Court's Stay. The Court held that the plaintiffs seeking a prohibition of the Governments use of the SAVE program to help states check voter rolls is overturned. The Court will decide in another case if the States are able to clean voter rolls within 90 days of an election). Support the show
People Not Politicians v. Onder (Elections & the Purcell Principle)
Send us Fan Mail In People Not Politicians v. Onder, the Supreme Court stayed federal-court orders that would have forced Missouri to use its 2025 congressional map instead of the 2022 map. Under state law, the 2025 map cannot take effect unless voters approve it in a referendum. Relying on Purcell v. Gonzalez, the Court held that federal courts should not change a state's election rules on t
DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL. v. CALIFORNIA, ET AL. (Federal Election rules and Article III Standing)
Send us Fan MailSupport the show
NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, ET AL. v. SHERROD BROWN, ET AL. (Ripeness, Admin Law, Media Discounts for people running for public office).
Send us Fan MailThe Court did not seem to think the 4th Circuit should have made a ruling on an appeal from the 4th Circuit, therefore they grant a stay of the 4th's Stay.Support the show
NATIONAL PARK SERVICE, ET AL. v. NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES (WHITE HOUSE CONSTRUCTION, ARTICLE III STANDING)
Send us Fan MailThe Supreme Court Thinks the National Trust for Historic Preservation in The United States Does not have Article III Standing. (Simplified)Construction on the White House East Wing can resume (Simplified)Support the show
WEST VIRGINIA v. B. P. J. (Transgender Athletes, Title IX)
Send us Fan Mail 1. Title IX allows schools to provide separate women’s and men’s sports teams defined by biological sex, and West Virginia has permissibly maintained female sports for biological females consistent with Title IX. Support the show
TRUMP v. BARBARA (BIRTHRIGHT CITIZENSHIP) RJD Recoding
Send us Fan Mail Children born in the United States to parents unlawfully or temporarily present are “subject to the jurisdiction” of the United States and are citizens at birth under the Fourteenth Amendment’s Citizenship Clause. Support the show
National Republican Senatorial Committee (NRSC) v. Federal Election Commission (FEC) (Campaign Finance/Election Law)
Send us Fan MailIn NRSC v. FEC the Supreme Court granted Certiorari to the United States Court of Appeals for the Sixth Circuit to answer the question of whether the limits imposed by the Federal Election Campaign Act (FECA) on how much political parties can spend in direct coordination with their federal candidates violate the First Amendment. Held: FECA’s political party coordinated expenditure
Trump v. Barbara (Birthright citizenship) JB recording.
Send us Fan MailIn Trump v. Barbara, the Supreme Court held that children born in the U.S. to parents unlawfully or temporarily present are citizens at birth under the Fourteenth Amendment, striking down Trump's executive order limiting birthright citizenship. The Court relied on the common law rule of jus soli and its precedent in Wong Kim Ark, rejecting the Government's domicile-based
WATSON v. REPUBLICAN NATIONAL COMMITTEE (Absentee ballots and Election day statutes)
Send us Fan Mail The federal election-day statutes do not prevent Mississippi from counting absentee ballots postmarked by election day but received up to five days thereafter; nothing in the federal election-day statutes requires ballots to be received by election day. Support the show
CHATRIE v. UNITED STATES (4a and Geofence Warrant for Google Location history)
Send us Fan Mail Police officers conducted a Fourth Amendment search when they acquired Chatrie’s location data from Google because an individual has a reasonable expectation of privacy in his cell-phone location information.Support the show
Trump v. Cook (For Cause Removal (Federal Reserve))
Send us Fan MailIn Trump v. Cook, the Supreme Court denied the Government's application to stay an injunction reinstating Federal Reserve Governor Lisa Cook, whom President Trump had fired over alleged mortgage fraud predating her appointment. The Court held that the Federal Reserve Act's "for cause" removal standard is judicially reviewable, that "cause" requires a s
Trump v. Slaughter (For cause removal protection (non-Federal Reserve))
Send us Fan MailIn Trump v. Slaughter, the Supreme Court held that the FTC's for-cause removal protection for its Commissioners violates the separation of powers, overruling Humphrey's Executor v. United States (1935) to the extent it survived. The Court reasoned that the Constitution vests executive power solely in the President, who must be able to remove at will any officer—like an FT
Monsanto v. Durnell (Federal Preemption)
Send us Fan MailIn Monsanto Co. v. Durnell, the Supreme Court held that FIFRA expressly preempts a state-law failure-to-warn claim demanding a cancer warning on Roundup's label, since the EPA had approved the label without one and federal law requires using the approved label. The Court (per Justice Kavanaugh) reversed a $1 million Missouri verdict; Justice Thomas concurred; Justice Jackson,
MULLIN v. DOE (TPS/Immigration/Admin Law)
Send us Fan MailThe TPS statute bars judicial review of non-constitutional claims.Support the show
Mullin v. Al Otro Lado (INA & Arriving in the United States)
Send us Fan MailIn Mullin v. Al Otro Lado, the Supreme Court held that an alien standing in Mexico does not "arrive in the United States" within the meaning of the Immigration and Nationality Act by attempting and failing to set foot in the country; arrival occurs only when the alien crosses the border. The case arose from the Government's 2016 "metering" policy, under whi
Blanche v. Lau (Immigration and Nationality Act)
Send us Fan MailIn Blanche v. Lau, the Supreme Court held that the Immigration and Nationality Act does not require a border officer to have clear and convincing evidence that a lawful permanent resident has committed a crime involving moral turpitude before treating that resident as an applicant for admission. Lau, a lawful permanent resident, was charged with trademark counterfeiting, briefly tr
WOLFORD v. LOPEZ (2nd Amendment and Hawaii)
Send us Fan MailHawaii's rules about not allowing people to concealed carry on private property unless the owner posts consent is unconstitutional.Support the show
EXXON MOBIL CORP. v. CORPORACIÓN CIMEX, S. A. (CUBA & Helms-Burton Act lawsuits)
Send us Fan Mail The Helms-Burton Act itself abrogates the sovereign immunity of Cuban agencies and instrumentalities Support the show
LANDOR v. LOUISIANA DEPT. OF CORRECTIONS AND PUBLIC SAFETY (Spending Clause authority, RULIPA)
Send us Fan Mail Individuals may not be held liable in their personal capacities under a Spending Clause statute unless those individuals have voluntarily and knowingly consented to answer lawsuits under the statute; because the individual defendants in this case did not voluntarily and knowingly consent to face RLUIPA liability in an agreement with the federal government, Mr. Landor’s case cannot
PUNG v. ISABELLA COUNTY (Tax Sale/Gvmt Forclosure/Takings)
Send us Fan MailThe proper baseline for measuring “just compensation” following a tax sale is the auction sale price, not the property’s hypothetical fair market value, at least when the sale is fairly conducted in light of the country’s history of tax sales. Pp. 4–11.Support the show
Cisco v. Doe (Alien Tort Statute & Torture Victim Protection Act)
Send us Fan Mail The Supreme Court held that federal courts may no longer create new causes of action for violations of international law under the Alien Tort Statute, effectively closing the narrow door that Sosa v. Alvarez-Machain had left open in 2004. Reasoning that judicial authority under Sosa's framework was narrow from the start and that the power to create causes of action belongs to
McCarthy v. Hernandez (Habeas and Miranda)
Send us Fan MailIn a per curiam decision, the Supreme Court summarily reversed the Second Circuit’s grant of federal habeas relief to Pedro Hernandez, who was convicted of kidnapping and felony murder in the 1979 disappearance and death of Etan Patz. The Second Circuit had concluded that the state trial judge should have told the jury about the rule from Missouri v. Seibert governing when a confes
T. M. v. University of Md. Medical System Corporation (RookerFeldman Doctrine)
Send us Fan MailWe speak today to say...nothing has changed...Support the show
Hunter v. United States (Criminal law appeal waiver enforceability)
Send us Fan MailBecause a criminal law appeal waiver must be both knowingly and voluntary a waiver of ineffective assistance of counsel is not really possible.Support the show
United States v. Hemani (Second Amendment)
Send us Fan MailThe Supreme Court held that the government's prosecution of Ali Hemani under 18 U.S.C. §922(g)(3)'s prohibition on firearm possession by unlawful users of controlled substances violated the Second Amendment as applied to him. Justice Gorsuch, writing for seven Justices, concluded that the government failed to identify a historical tradition of firearm regulation analogous
FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. (Implied Rights of Action)
Send us Fan MailIn a 6–3 decision, the Supreme Court held that Section 47(b) of the Investment Company Act does not create an implied private right of action allowing investors or other private parties to sue for rescission of contracts that allegedly violate the Act. The case arose when activist investor Saba Capital challenged voting-right restrictions adopted by several closed-end mutual funds
Keathley v. Buddy Ayers Construction, Inc. (judicial estoppel
Send us Fan MailIn a unanimous opinion by Justice Jackson, the Supreme Court vacated a Fifth Circuit decision that had barred Thomas Keathley’s personal-injury lawsuit under the doctrine of judicial estoppel after he failed to disclose the claim during his ongoing Chapter 13 bankruptcy. The Court held that when determining whether a debtor’s omission of a legal claim was inadvertent or mistaken, c
Abouammo v. United States (venue)
Send us Fan MailIn a unanimous opinion by Justice Kagan, the Supreme Court held that a prosecution for falsifying a document in violation of 18 U.S.C. §1519 must be brought in the district where the falsification occurred, not where the federal investigation that the defendant intended to obstruct was located. Ahmad Abouammo, while in Seattle, created and emailed a fake invoice to FBI agents condu
Hikma Pharmaceuticals USA, Inc. v. Amarin Pharma Inc. (Patent infringement)
Send us Fan MailIn a unanimous opinion by Justice Jackson, the Supreme Court held that Amarin failed to plausibly allege that Hikma actively induced infringement of Amarin’s patented cardiovascular-use methods for Vascepa. Although Hikma marketed a generic version of the drug using an FDA-approved “skinny label” that omitted the patented cardiovascular indication, Amarin argued that various statem
FCC v. AT&T (Seventh Amendment)
Send us Fan MailThe Supreme Court held that the FCC’s procedure for assessing monetary forfeitures against regulated entities does not violate the Seventh Amendment because the agency’s forfeiture orders do not themselves impose a legally enforceable obligation to pay and do not conclusively determine the facts underlying liability. Although the FCC may investigate alleged violations and issue for
SRIPETCH v. SEC (Disgorgement)
Send us Fan Mail A showing of pecuniary loss to investors is not required before the SEC may obtain a disgorgement award. Support the show
FLOWERS FOODS, INC. v. BROCK (FAA / Interstate Commerce)
Send us Fan MailSupport the show
Allen v. Milligan (Voting Rights)
Send us Fan MailIn a brief per curiam order, the Supreme Court stayed a federal district court injunction that would have prevented Alabama from using its 2023 congressional map in the 2026 elections. The Court held that Alabama was likely to succeed on appeal because the district court failed to apply the standards the Supreme Court recently announced in Louisiana v. Callais. Under Callais, plain
Rutherford v. United States (Compassionate Relief)
Send us Fan MailHeld: When Congress declines to make a sentencing amendment retroactive—as with the change to §924(c)—the resulting sentencing disparity cannot serve as an “extraordinary and compelling” reason that warrants a sentence reduction under 18 U. S. C. §3582(c)(1)(A)(i). Pp. 8–17.Support the show
Whitton v. Dixon (Habeas Corpus)
Send us Fan MailIf anyone thinks I am pronouncing Giglio incorrectly, please see: https://documents.law.yale.edu/pronouncing-dictionaryIn a brief per curiam opinion, the Supreme Court vacated an Eleventh Circuit decision denying federal habeas relief to Florida death-row inmate Gary Whitton. Whitton argued that prosecutors violated Giglio v. United States by allowing jailhouse informant Jake Ozio
FERNANDEZ v. UNITED STATES (Compassionate relief v Habeas)
Send us Fan MailHeld: A prisoner who collaterally attacks the validity of his conviction must proceed through 28 U. S. C. §2255, not 18 U. S. C. §3582; the supposed invalidity of a conviction is not among the “extraordinary and compelling reasons” that justify compassionate release. Pp. 5–17. (a) Section 2255 governs collateral attacks on federal convictions and imposes tight procedural constrain
Pitchford v. Cain (Batson claim)
Send us Fan MailIn a 5–4 decision, the Supreme Court held that the Mississippi Supreme Court unreasonably rejected death-row inmate Terry Pitchford’s claim under Batson v. Kentucky that prosecutors improperly excluded Black jurors during his capital murder trial. The Court concluded that the trial judge failed to complete Batson’s required third step by denying Pitchford’s counsel a meaningful opp
Margolin v. National Assoc. of Immigration Judges (party presentation)
Send us Fan MailThe Supreme Court in Margolin v. National Association of Immigration Judges reversed the Fourth Circuit for violating the principle of party presentation. The National Association of Immigration Judges (NAIJ) challenged a policy about immigration judge's public speaking in federal district court on First and Fifth Amendment grounds, but both the district court and the parties
M & K Employee Solutions, Inc. v. Trustees of IAM Nat. Pension
Send us Fan MailActuaries should probably use the best/most recent predictions about future stuff, and we should not try to tell them not to.Also lets keep track of how many times The Court says: "Stuff that's not in here is not in here for a reason, BONUS POINTS: when the excluded (or desired) terminology is in the same Congressional Act.Support the show
HAVANA DOCKS CORP. v. ROYAL CARIBBEAN CRUISES
Send us Fan Mail Held: The cruise lines’ use of the docks is sufficient to establish that they used “property which was confiscated by the Cuban Government”; Ha vana Docks is not required to establish that the cruise lines trafficked in Havana Dock’s property interest. Pp. 8–16. (a) Title III generally makes any person who “traffics in property which was confiscated by the Cuban Government . . . l
MONTGOMERY v. CARIBE TRANSPORT II, LLC
Send us Fan MailA claim that one company negligently hired another to transport goods is not preempted by the FAAAA because States retain authority Support the show
JULES v. ANDRE BALAZS PROPERTIES (ARBITRATION, CIVIL PROCEDURE, FEDERAL COURT JURISDICTION)
Send us Fan Mail A federal court that has previously stayed claims in a pending ac tion under §3 of the FAA has jurisdiction to confirm or vacate a result ing arbitral award on those claims as prescribed in §9 and §10 of the FAA; nothing in the FAA precludes the normal operation of federal jurisdiction regarding live claims pending before a federal court. LokiEsq.LawRev. RJ Dieken, EsqSupport the
FIRST CHOICE WOMEN’S RESOURCE CENTERS v. DAVENPORT, A.G. OF NEW JERSEY (1A and donor records)
Send us Fan Mail First Choice has established a present injury to its First Amend ment associational rights sufficient to confer Article III standing. Support the show
Louisiana v. Callais (§2 of the Voting Rights Act)
Send us Fan MailIn Louisiana v. Callais, the Supreme Court held that Louisiana’s congressional map (SB8), which created an additional majority-Black district, was an unconstitutional racial gerrymander because race predominated in its design without a sufficient justification. The Court clarified that while compliance with §2 of the Voting Rights Act of 1965 can qualify as a compelling interest un
ENBRIDGE ENERGY, LP v. NESSEL
Send us Fan Mail Because §1446(b)(1)’s text, structure, and context are inconsistent with equitable tolling, Enbridge’s removal was untimely. Pp. 5–14. (a) The fact that the 30-day removal deadline in §1446(b)(1) is non jurisdictional does not automatically render it subject to equitable toll ing. While jurisdictional requirements “cannot be waived or forfeited” and “do not allow for equitable exc
DISTRICT OF COLUMBIA v. R.W. (PROBABLE CAUSE TO STOP/TERRY STOP/VEHICLE)
Send us Fan MailTotality of the Circumstances is required in considering Probable Cause for a temporary stop. Probable Cause being defined as: "Articulable reasonable suspicion for the officers belief that 'criminal activity is afoot.'"Support the show
Hencely v. Fluor Corp (Wartime contractor immunity)
Send us Fan MailA U.S. Army specialist injured while stopping a Taliban suicide bomber at a base in Afghanistan sued military contractor Fluor Corporation for negligence after the attacker—an Afghan hired under the military’s “Afghan First” program—was allegedly poorly supervised. Lower courts dismissed the case, holding that state-law claims against contractors are preempted during wartime under
Chevron USA Inc. v. Plaquemines Parish
Send us Fan Mail Chevron has plausibly alleged a close relationship between its challenged crude-oil production and the performance of its federal avgas refining duties—not a tenuous, remote, or peripheral one—and has therefore satisfied the “relating to” requirement of the federal of ficer removal statute. Support the show
Chiles v. Salazar (First Amendment & talk therapy)
Send us Fan MailThe Court held that Colorado’s ban on “conversion therapy,” as applied to a licensed counselor providing only talk therapy, likely violates the First Amendment because it regulates speech based on content and viewpoint. Writing for the majority, Justice Gorsuch concluded that the law does not merely regulate professional conduct but directly restricts what the counselor may say to
Rico v. United States (tolling supervised release)
Send us Fan Mail The Supreme Court held that the Sentencing Reform Act does not permit courts to automatically extend a defendant’s term of supervised release when the defendant absconds, reversing the Ninth Circuit’s rule that treated time on the run as “tolled.” Isabel Rico’s supervised release had been set to expire in 2021, but after she absconded and later committed a state drug offense in 20
Cox Communications, Inc. v. Sony Music Entertainment (Secondary Copyright infringment--Contributory Liablity)
Send us Fan MailThe provider of a service is contributorily liable for a user’s infringement only if it intended that the provided service be used for infringement, which can be shown only if the party induced the infringement or the provided service is tailored to that infringement; Cox neither induced its users’ infringement nor provided a service tailored to infringement; accordingly, Cox is no
Zorn v. Linton (Qualified Immunity)
Send us Fan Mail2nd Circuit held an officer was not entitled to qualified immunity, the Supreme Court Disagrees and Reverses the order of the 2nd Circuit.By the Supreme Courts facts (which it was required to consider in the light least favorable to the Plaintiff Below). The officer warned Linton, and then used a simple rear wrist lock to gain compliance before shortly after needing the assistance
OLIVIER v. CITY OF BRANDON (§1983 Suits to enjoin future prosecution).
Send us Fan Mail a claim for “prospective injunctive relief ”—the use of fairer procedures in the future—may “properly be brought under §1983,” because it does not depend on showing the “in validity of a previous” sentencing decision. Support the show
Urias-Orellana v. Bondi (Level of Deference for Immigration Appeals)
Send us Fan MailIn Urias‑Orellana v. Bondi, the Supreme Court unanimously held that courts of appeals must apply the substantial-evidence standard when reviewing the Board of Immigration Appeals’ determination that a set of facts does not amount to “persecution” under the Immigration and Nationality Act. The Court explained that although the persecution determination involves applying legal standa
Galette v. New Jersey Transit (Sovereign Immunity)
Send us Fan MailIn 1979, the New Jersey Legislature created the New Jersey Transit Corporation (NJ Transit) as a “body corporate and politic with corporatesuccession” and constituted it as an “instrumentality of the State exercising public and essential governmental functions” but “independent of any supervision or control” by the New Jersey Department ofTransportation. N. J. Stat. §27:25–4(a). Th
MIRABELLI v. BONTA (TRANSGENDER AND FREE EXERCISE OF RELIGION)
Send us Fan MailIt's a ruling about procedure, but they'd like you to know how they believe the Court below should rule. That Free Exercise of Religion should Trump the State of California's right to tell Schools to withold knowledge of a students' decision to transition genders from the parents of that child.Support the show
Villareal v. Texas (Sixth Amendment right to counsel)
Send us Fan MailIn a decision affirming the Texas Court of Criminal Appeals, the Supreme Court held that a trial court may, during an overnight recess that interrupts a defendant’s testimony, prohibit counsel from “managing” or shaping the defendant’s ongoing testimony without violating the Sixth Amendment. Drawing on Geders v. United States and Perry v. Leeke, the Court rejected the defendant’s a
GEO Group v. Menocal (Civil Procedure/Appealability)
Send us Fan MailPetitioner GEO Group operates a private detention facility in Aurora, Colorado, under a contract with U. S. Immigration and Customs Enforcement (ICE). Respondent Alejandro Menocal, a former detainee at the Aurora facility, initiated this class action, alleging GEO’s work policies for detainees violate a federal bar on forced labor and Colorado’s prohibition on unjust enrichment. GE
Hain Celestial Group, Inc. v. Palmquist (Civil Procedure and DIVERSITY JURISDICTION)
Send us Fan Mail Held: Because the District Court’s erroneous dismissal of Whole Foods did not cure the jurisdictional defect that existed when this case was removed to federal court, the Fifth Circuit correctly vacated the judg ment in Hain’s favor. Support the show
Postal Service v. Konan (Sov. Immunity/FTCA)
Send us Fan MailThe Fed Government retains sovereign immunity under the FTCA for intentional non-delivery of mail.Support the show
LEARNING RESOURCES, INC. v. TRUMP (President's Tariff Authority)
Send us Fan MailNo one Authorized President Trump to impose these "Emergency" Tariffs under the IEEPA (International Emergency Economic Powers Act).Support the show
KLEIN v. MARTIN (AEDPA STANDARDS AGAIN)
Send us Fan MailThe Court Below granted relief when it should have not.Judge Niemeyer of the 4th Circuit was the lone dissent--contending that the majority had defied AEDPA’s standard of review--the 84 year old Jurist with 36 years service on that court was correct.Support the show
Ellingberg v. United States (Restitution & Ex Post Facto Clause)
Send us Fan Mail The Court unanimously held that restitution imposed under the Mandatory Victims Restitution Act is a form of criminal punishment, meaning it cannot be applied to conduct that occurred before the statute was enacted without violating the Ex Post Facto Clause. Although Ellingburg’s offense predated the MVRA, he was sentenced under it and ordered to pay restitution. The Eighth Circui
BOWE v. UNITED STATES
Send us Fan Mail1. The Court has jurisdiction because §2244(b)(3)(E) does not bar this Court’s review of a federal prisoner’s request to file a second or successive §2255 motion. Pp. 5–19. (a) Section 2244(b)(3)(E) provides that the denial of authorization “to file a second or successive application” shall not be the subject of a certiorari petition. That provision does not apply to federal pris
Doe v. Dynamic Physical Therapy, LLC
Send us Fan MailState Courts may not grant releif from FEDERAL causes of action by reference to state statute.Support the show
CONEY ISLAND AUTO PARTS v. BURTON, (Bankruptcy, Civil Procedure, Void Judgement vs. Time Limits)
Send us Fan Mailan appeal of a VOID judgement under federal rule 60 is still subject to the statutory text's "within a reasonable time" limit.Support the show
BARRETT v. UNITED STATES (Hobbs Act Robbery/Blockburger Test)
Send us Fan MailSupreme Court refuses to assume that Congress intended to disregard Blockburger and allow someone to be convicted of two crimes in the same statute. Congress' clear intent here was to create two potential sentencing schemes, not allow someone to be convicted twice.Support the show
Case v. Montana (4a's Community Caretaker Exception)
Send us Fan MailSupreme Court Upholds Montana's Community Caretaker exception to the 4th amendment prohibition on warrantless searches.Support the show
Clark v. Sweeney (Party Presentation)
Send us Fan MailIn Clark v. Sweeney, the Supreme Court reversed a Fourth Circuit decision that had granted habeas relief on a theory the petitioner never raised. A Maryland jury convicted Jeremiah Sweeney of second-degree murder, and his convictions were affirmed on appeal. In postconviction proceedings, Sweeney argued that trial counsel was ineffective for failing to request voir dire of the full
Pitts v. Mississippi (Confrontation Clause)
Send us Fan MailThe United States Supreme Court reversed a decision of the Mississippi Supreme Court upholding the use of a physical screen that prevented a four-year-old child witness from seeing the defendant during trial. Mississippi law mandates the use of such screens for child witnesses in abuse cases. Relying on that statute, the trial court permitted the screen without taking evidence or m
Goldey v. Field (Bivens / Excessive Force)
Send us Fan MailGoldey v. FieldsPER CURIAM. In Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971), this Court recognized an implied cause of action for damages against federal officers for certain alleged violations of the Fourth Amendment. The Court subsequently recognized two additional contexts where implied Bivens causes of action were permitted, neither of which was an Eighth A
Trump v. CASA, Inc. (Universal Injunction / Birthright Citizenship)
Send us Fan Mail Trump v. CASA, Inc. Held: Universal injunctions likely exceed the equitable authority that Congress has given to federal courts. The Court grants the Government’s applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue. Pp. 4– 26. Suppo
Kennedy v. Braidwood Management, Inc. (Appointments Clause)
Send us Fan MailKennedy v. Braidwood Management, Inc.In 1984, the Department of Health and Human Services (HHS) created the U. S. Preventive Services Task Force, a body that formulates evidence-based recommendations regarding preventive healthcare services. Congress codified the Task Force’s role in 1999, establishing it as an entity within the Agency for Healthcare Research and Quality (AHRQ) in
FCC v. Consumer Research (Nondelegation Doctrine)
Send us Fan MailFCC v. Consumers’ Research The Communications Act of 1934 established the FCC and instructed it to make available to “all the people of the United States,” reliable communications services “at reasonable charges.” 47 U. S. C. §151. That objective is today known as “universal service.” The universal-service project arose from the concern that pure market mechanisms would leave some
Mahmoud v. Taylor (LGBTQ+ Books / Parental Opt-Out)
Send us Fan MailHeld: Parents challenging the Board’s introduction of the “LGBTQ+-inclusive” storybooks, along with its decision to withhold opt outs, are entitled to a preliminary injunction. Read by Jeff Barnum. Support the show
Free Speech Coalition, Inc. v. Paxton (Texas Pornography Regulation)
Send us Fan MailFree Speech Coalition, Inc. v. Paxton Texas, like many States, prohibits distributing sexually explicit content to children. In 2023, Texas enacted H. B. 1181, requiring certain commercial websites publishing sexually explicit content that is obscene to minors to verify that visitors are 18 or older. Knowing violations subject covered entities to injunctions and civil penalties. Pe
Hewitt v. United States
Send us Fan MailHewitt v. United StatesBefore the First Step Act was enacted in 2018, federal judges were required to sentence first-time offenders convicted of violating 18 U. S. C. §924(c)—a law that criminalizes possessing a firearm while committing other crimes—to “stacked” 25-year periods of incarceration. The First Step Act eliminated this harsh mandatory minimum penalty. Section 403(b) of t
Medina v. Planned Parenthood (Medicaid Funding)
Send us Fan MailMedian v. Planned ParenthoodHeld: Section 1396a(a)(23)(A) does not clearly and unambiguously confer individual rights enforceable under §1983. Support the show
Riley v. Bondi (Immigration Removal)
Send us Fan MailRiley v. Bondi The Department of Homeland Security (DHS) sought to remove Pierre Riley, a citizen of Jamaica, from the United States under expedited procedures for aliens convicted of aggravated felonies. On January 26, 2021, the DHS issued a “final administrative review order” (FARO) directing Riley’s removal to Jamaica. Under 8 U. S. C. §1228(b)(3), aliens may petition courts of
Recommended
TED Business
Dark Night Tales with Brian King
Fantasy Flex
زن بودن
Medicine with Meaning
Yours Truly Johnny Dollar Collection
Take Back Your Health®
CBS Radio Mystery Theater | Old Time Radio
Solved Murders - True Crime Stories
紐約鳥｜New York Aperture
The Swerve Podcast: Obscure Topics | Conspiracy Theories
The Bread and Banter Podcast
