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Articles on U.S. Supreme Court

A Decision That Transcends the Fishing Industry By Maura Ashe Government Lawyers, August 2024 In June, the U.S. Supreme Court published a landmark decision in Loper Bright Enterprises v. Raimondo, which effectively reversed the long-standing decision of Chevron U.S.A. Inc. v. NRDC.
Justice Sandra Day O’Connor (1935-2023) By Judge Jeanne M. Reynolds Diversity Leadership Council, June 2024 A look at the life and legacy of U.S. Supreme Court Justice Sandra Day O'Connor.
Summary of Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina and Its Implications By Cindy G. Buys Diversity Leadership Council, June 2024 In Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina, the U.S. Supreme Court held that race-conscious affirmative action is unconstitutional.
Summary of Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina and Its Implications By Cindy G. Buys Racial and Ethnic Minorities and the Law, April 2024 In Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina, the U.S. Supreme Court held that race-conscious affirmative action is unconstitutional.
Justice Sandra Day O’Connor (1935-2023) By Judge Jeanne M. Reynolds Women and the Law, March 2024 A look at the life and legacy of U.S. Supreme Court Justice Sandra Day O'Connor.
Summary of Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina and Its Implications By Cindy G. Buys Human and Civil Rights, February 2024 In Students for Fair Admission, Inc. v. President and Fellows of Harvard College and University of North Carolina, the U.S. Supreme Court held that race-conscious affirmative action is unconstitutional.
Norfolk Southern Distinguishes But Does Not Derail Daimler By Michael Cortina Bench and Bar, August 2023 On June 27, 2023, the United States Supreme Court issued its opinion in Mallory v. Norfolk Southern Railway Co., which pertains to general personal jurisdiction that courts have over the parties in a suit.
Personal Jurisdiction Remains a Fact-Intensive Inquiry By George Bellas & Kasey Hughes Civil Practice and Procedure, July 2023 The U.S. Supreme Court has created another level of uncertainty with a ruling that changes the landscape for establishing personal jurisdiction in Mallory v. Norfolk Southern R. Co.
Antonin Scalia: From a Child of Immigrants to the United States Supreme Court By Leonard F. Amari Senior Lawyers, June 2023 Whether you love him and his philosophies or not, Justice Scalia, a child of Sicilian immigrants, certainly left his mark and influence in American government.
The United States Supreme Court Stability: A History By Leonard F. Amari Senior Lawyers, February 2023 An analysis of the history of the U.S. Supreme Court.
3 comments (Most recent February 28, 2023)
Judge Kentanji Brown Jackson Joins the United States Supreme Court By Tessa Richards & Erin Wilson Women and the Law, September 2022 Justice Kentanji Brown Jackson was nominated to serve on the U.S. Supreme Court by President  Biden on February 25, 2022, and confirmed by the Senate on April 7.
Supreme Court Underscores State Courts’ Role in Enforcing Federal Arbitration Act By Terri Reuter & Jason Marsico Labor and Employment Law, July 2022 Parties seeking to confirm or overturn an arbitration award in court may find themselves doing so in state court more frequently after the U.S. Supreme Court’s decision in Badgerow v. Walters.
Sharing the Wealth: Student-Athletes After NCAA v. Alston By Margo Lynn Hablutzel Intellectual Property, December 2021 For decades, the National Collegiate Athletic Association (NCAA) had a simple rule: Student-athletes could not benefit financially from their skills on the playing field. Beginning with the “Sanity Code” in 1948 and continuing with some evolutions to 2021, the NCAA sought to limit the schools’ ability to offer financial incentives to preferred students. On June 21, the U.S. Supreme Court issued its unanimous decision in NCAA v. Alston, upholding injunctions based upon antitrust law which lifted limitations on certain payments by schools and conferences. 
U.S. Supreme Court Denies Certiorari on Illinois Oil & Gas Case By Craig R. Hedin Mineral Law, June 2021 The U.S. Supreme Court recently denied a writ of certiorari in a case in which the validity of a regulatory takings claim by reason of the Hydraulic Fracturing Regulatory Act was at issue.
Nonsignatory to International Arbitration Agreement May Be Allowed to Compel Arbitration By Kristen E. Hudson & Luis A. Hille International and Immigration Law, February 2021 In GE Energy v. Outokumpu, the U.S. Court held that a nonsignatory to a written agreement containing an arbitration clause may avail itself of state law doctrines to compel arbitration where a signatory to the written agreement must rely on the terms of that agreement in asserting claims against the nonsignatory.
Supreme Court Immigration Docket 2020-2021 By Prof. Cindy G. Buys International and Immigration Law, February 2021 Summaries of major immigration law cases on the U.S. Supreme Court's docket for the 2020-21 term.
Nonsignatory to International Arbitration Agreement May Be Allowed to Compel Arbitration By Kristen E. Hudson & Luis A. Hille Alternative Dispute Resolution, January 2021 In GE Energy v. Outokumpu, the U.S. Court held that a nonsignatory to a written agreement containing an arbitration clause may avail itself of state law doctrines to compel arbitration where a signatory to the written agreement must rely on the terms of that agreement in asserting claims against the nonsignatory.
Justice Ginsburg – Her Legacy and Impact By Natali P. Thomas Local Government Law, December 2020 A look at the life of former U.S. Supreme Court Justice Ruth Bader Ginsburg.
Justice Ginsburg – Her Legacy and Impact By Natali P. Thomas Young Lawyers Division, November 2020 A look at the life of former U.S. Supreme Court Justice Ruth Bader Ginsburg.
Supreme Court Holds SEC Has Disgorgement Authority, Within Certain Limits By John R. Schleppenbach Business and Securities Law, October 2020 The U.S. Supreme Court recently affirmed the disgorgement power of the Securities and Exchange Commission in an 8-1 decision in June.
U.S. Supreme Court to Hear Argument on Arbitrability Issues in Henry Schein Matter By John R. Schleppenbach Alternative Dispute Resolution, October 2020 The United States Supreme Court will hear argument on December 8, 2020, in a matter that could potentially resolve important issues of arbitrability.
Bostock: The Textualism Fights By Aaron B. Maduff Federal Civil Practice, September 2020 On June 15, 2020, the U.S. Supreme Court held that sexual orientation discrimination in employment is prohibited by Title VII in Bostock v. Clayton County, Georgia and Altitude Express, Inc., v. Zarda.
Free Speech and Soliciting Aliens to Violate Immigration Law: U.S. v. Sineneng Smith By Patrick M. Kinnally International and Immigration Law, September 2020 A summary of U.S. v. Sineneng Smith, which looks at whether a federal law criminalizing the act of encouraging or inducing illegal immigration for commercial advantage or private financial gain is unconstitutional on its face.
Copyright of Laws and Public Works Redux: Georgia et al. v. Public.Resource.Org in the Supreme Court By Peter J. Orlowicz Government Lawyers, August 2020 In April, the U.S. Supreme Court reviewed Code Revision Commission v. Public.Resource.Org: and decided that the Government Edicts Doctrine places Georgia’s official state code outside the realm of copyright protection.
Let’s Talk About ‘Sex’: SCOTUS Delivers Title VII Landmark Ruling By Azar Alexander & Joy Anderson Bench and Bar, July 2020 On June 15, the United State Supreme Court directly and unequivocally answered the question of whether an employer can terminate an employee for their sexual orientation and/or gender identity.
SCOTUS Provides Guidance for Determining a Child’s ‘Habitual Residence’ Under the Hague Convention By Stephanie A. Capps Family Law, May 2020 The Supreme Court of the United States recently issued an opinion holding that an actual agreement between the parties is not necessary to determine a child’s “habitual residence” under the Hague Convention.
U.S. Supreme Court addresses state income taxation of trusts in Kaestner By Oliver R. Merrill Trusts and Estates, July 2019 On June 21, 2019, the U.S. Supreme Court issued its decision in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, which considered whether the Due Process Clause of the Fourteenth Amendment prohibits states from taxing trusts based on trust beneficiaries’ in-state residency.
U.S. Supreme Court holds class arbitration cannot be ordered absent an express agreement By Jay Schleppenbach Alternative Dispute Resolution, July 2019 The U.S. Supreme Court concluded in Lamps Plus, Inc. v. Varela that class arbitration cannot be compelled where the arbitration agreement is not silent but rather ambiguous about the availability of such arbitration.
The census citizenship question By Bhavani Raveendran Human and Civil Rights, June 2019 In April, the U.S. Supreme Court considered whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 census.
Timbs v. Indiana: U.S. Supreme Court rules unanimously it’s unconstitutional for states to impose excessive fines By Ronald S. Langacker Human and Civil Rights, March 2019 Civil forfeiture clauses are common in many states, which sometimes rely on them as a revenue stream for local police departments. However, this creates an incentive for law enforcement to selectively make arrests based upon the potential funding. Timbs v. Indiana puts an effective end to this practice.

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