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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.…

Continue Reading Decision Alert: Supreme Court Holds Government Must Show Jan. 6 Defendant Impaired or Attempted To Impair the Availability or Integrity of Evidence to Convict Him of Obstructing Congress’s Efforts To Certify the 2020 Election

On June 21, 2024, in United States v. Rahimi, the Supreme Court held that an individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment. Chief Justice Roberts authored the opinion for the Court. Several Justices wrote concurring opinions. Justice Thomas was the lone dissenter.…

Continue Reading Decision Alert: Supreme Court Upholds Bar on Gun Possession Under Domestic-Violence Restraining Orders

On June 27, 2024, the Supreme Court held in SEC v. Jarkesy that Congress violated the Seventh Amendment by allowing the Securities and Exchange Commission to pursue civil penalties through administrative proceedings that do not allow defendants to be tried by a jury. Chief Justice Roberts authored the opinion. Justice Gorsuch filed a concurring opinion, joined by Justice Thomas. Justice Sotomayor authored the dissent, joined by Justices Kagan and Jackson.…

Continue Reading Decision Alert: Supreme Court Holds Defendants Entitled to a Jury Trial When SEC Seeks Civil Penalties for Securities Fraud

On June 20, 2024, in Moore v. United States, the Supreme Court held that the Mandatory Repatriation Tax (MRT), a corporate tax on foreign earnings, is constitutional under the Sixteenth Amendment. Justice Kavanaugh authored the opinion for the Court. Justice Jackson wrote a concurring opinion. Justice Barrett filed an opinion concurring in the judgment, joined by Justice Alito. Justice Thomas authored a dissenting opinion, joined by Justice Gorsuch.…

Continue Reading Decision Alert: Supreme Court Upholds Mandatory Repatriation Tax

On June 21, 2024, in Smith v. Arizona, the Supreme Court unanimously held that when an expert conveys an absent lab analyst’s statements in support of the expert’s opinion, and the statements provide that support only if true, then the statements come into evidence for their truth. Consequently, they implicate the Sixth Amendment’s Confrontation Clause. Justice Kagan delivered the majority opinion for the Court, vacating the Arizona Court of Appeals’ decision and remanding the case.…

Continue Reading Decision Alert: Supreme Court Unanimously Holds Confrontation Clause Implicated if Testifying Expert Conveys Absent Expert’s Basis for Opinions

On June 21, 2024, in Erlinger v. United States, the Supreme Court held that the Fifth and Sixth Amendments require a jury to unanimously find beyond a reasonable doubt that a defendant’s previous offenses qualify for purposes of enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Justice Gorsuch delivered the opinion of the Court. Chief Justice Roberts wrote a concurring opinion. Justices Kavanaugh and Jackson wrote dissenting opinions.…

Continue Reading Decision Alert: Supreme Court Holds That a Unanimous Jury Must Determine Beyond a Reasonable Doubt Facts That Affect Sentencing Under the Armed Career Criminal Act

On June 20, 2024, the Supreme Court held (6-3) in Chiaverini v. City of Napoleon, Ohio that a plaintiff charged with a crime not supported by probable cause can prevail on a Fourth Amendment malicious prosecution claim under 42 U.S.C. § 1983 even if he is charged with other crimes that are supported by probable cause. Justice Kagan delivered the majority opinion for the Court, vacating the Sixth Circuit’s decision and remanding the case.…

Continue Reading Decision Alert: Supreme Court Determines Legal Standard for Fourth Amendment Malicious Prosecution Claims

On June 28, 2024, the Supreme Court delivered a landmark ruling in Loper Bright Enterprises, Inc. v. Raimondo, Sec. of Commerce, et al., overruling Chevron. This decision will have far-reaching implications for virtually every regulated industry, with potentially seismic impacts for businesses subject to environmental, climate, transportation, manufacturing, healthcare, securities, and energy regulation.…

Continue Reading Decision Alert: Supreme Court Overrules Chevron, Holds that Courts Need Not Defer to Agency Interpretations of Ambiguous Statutes

Last month, the Supreme Court issued several significant rulings. These include upholding the constitutionality of the Consumer Financial Protection Bureau’s funding structure, deciding that courts must determine which contract governs when there are conflicting forum selection and arbitration clauses, and ruling that public officials cannot use their positions to punish or suppress speech they oppose. The following decision alerts offer analysis and practical takeaways. Click the links below to read more about each decision.…

Continue Reading Key Supreme Court Decisions Issued Regarding Free Speech, CFPB Funding, and Contract Disputes