Our final edition of Last Month at the Supreme Court for the 2023 Term captures the outcomes of several critical cases in which the Justices tackle modern issues like the constitutionality of social media speech restrictions, standing to sue officials allegedly pressuring social media companies, and challenges to a federal plan imposing emissions standards. …
Continue Reading Last Month at the Supreme Court | 2023 Term Conclusion
On June 28, 2024, the Supreme Court held in Fischer v. United States that, to prove a violation of 18 U.S.C. § 1512(c)(2), the government must establish a defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.…
On May 23, 2024, the Supreme Court held 6-3 in Alexander v. S. Carolina State Conf. of the NAACP that the three-judge panel in the district court erred in finding that race predominated the design of a new proposed district in Charleston County. Justice Alito authored the majority opinion. Justice Thomas wrote a concurrence, with Justice Kagan authoring a dissent.…
Continue Reading Decision Alert: Supreme Court Weighs Evidence of Racial Gerrymandering
On June 26, 2024, the Supreme Court held in Snyder v. United States that 18 U.S.C. § 666(a)(1)(B), an anti-corruption statute criminalizing bribes to state and local officials, does not extend to gratuities. Justice Kavanaugh authored the majority opinion. Justice Jackson wrote a dissent, joined by two other justices.…
On June 27, 2024, in four consolidated cases (lead case: Ohio v. EPA), the Supreme Court held that states and other groups challenging a federal plan imposing emissions standards are likely to succeed in showing that the EPA failed to reasonably explain the rule. Justice Gorsuch authored the opinion for the Court. Justice Barrett wrote a dissenting opinion, joined by Justices Sotomayor, Kagan, and Jackson.…
On July 1, 2024, the Supreme Court issued a historic decision in Trump v. United States, holding that a former president is entitled to immunity from criminal prosecution for official acts undertaken while in office. Chief Justice Roberts authored the opinion, joined by Justices Thomas, Alito, Gorsuch, and Kavanaugh. Justice Thomas filed a concurring opinion. Justice Barrett filed an opinion concurring in part. Justice Sotomayor filed a dissent, joined by Justices Kagan and Jackson. Justice Jackson also authored a dissent.…
On July 1, 2024, the Supreme Court held in Corner Post, Inc. v. Board of Governors of The Federal Rsrv. Sys. that under the federal Administrative Procedure Act (APA), the statute of limitations for a claim challenging an agency rule begins to accrue when a party suffers injury, not when the agency rule was finalized. Justice Barrett authored the opinion. Justice Kavanaugh filed a concurring opinion. Justice Jackson dissented, joined by Justices Sotomayor and Kagan.…
The Supreme Court dismissed the consolidated cases Moyle v. United States and Idaho v. United States without reaching the merits of whether the federal Emergency Medical Treatment and Labor Act (EMTALA) preempts an Idaho law criminalizing most abortions. As a result, a lower court order enjoining the Idaho law goes back into effect.…
On July 1, 2024, the Supreme Court held in Moody v. NetChoice and NetChoice v. Paxton that courts cannot rule on facial First Amendment challenges to laws without conducting a proper and thorough analysis of the law’s application. While the Court’s judgment was unanimous, three justices did not join Justice Kagan’s majority opinion in full. Justices Jackson, Thomas, and Alito each filed an opinion concurring with the judgment, with Justices Gorsuch and Thomas joining the Alito opinion. Justice Barrett also filed a concurring opinion.…
In Murthy v. United States, the Supreme Court held that private and state plaintiffs did not have Article III standing to sue federal officials who plaintiffs claimed violated their First Amendment rights by allegedly pressuring social media companies to restrict or remove content.…
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