The U.S. Supreme Court is inappropriately signaling it intends to clear the way for gay marriage across the nation, Justice Clarence Thomas complained earlier this week in a stinging dissent to the court's refusal to block the start of same-sex marriages in Alabama.Read More »
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The U.S. Supreme Court ruling allowing prayers to be delivered before public town meetings divided the justices in two ways: in the result and in the standard that applies in determining whether public prayers violate the Establishment Clause.Read More »
The justices of the U.S. Supreme Court have an opportunity to dramatically change the landscape of securities fraud class action litigation by limiting, or perhaps overruling altogether, a decision upon which plaintiffs have relied for decades.Read More »
Ruling that airlines have broad immunity from lawsuits under a post-9/11 security law, the U.S. Supreme Court on Monday threw out a $1.4 million defamation judgment awarded to a pilot who was reported by his employer as mentally unstable and potentially armed.Read More »
A deeply divided Supreme Court threw out the most powerful part of the landmark Voting Rights Act on Tuesday, a decision deplored by the White House but cheered by mostly Southern states now free from nearly 50 years of intense federal oversight of their elections.Read More »
In a decision that seemed designed to carve out a middle ground in the legal battle over whether companies can hold exclusive rights in the use of biological material, the U.S. Supreme Court ruled Thursday that isolated human genes are not patentable, but synthetically created genetic material may be patented.Read More »
The U.S. Supreme Court has ruled that a divorced Virginia woman could not be forced to surrender the proceeds of a federal employee life insurance policy that she received as her ex-husband’s named beneficiary.Read More »
A deeply divided U.S. Supreme Court has ruled that a procedural default in state court did not bar a Texas death row inmate from seeking relief in federal court based on the assertion that he was denied the effective assistance of counsel at sentencing.Read More »
A U.S. Supreme Court ruling allowing successful defendants in civil unfair debt collection claims to be awarded attorney fees and costs without a showing that the plaintiff brought the claim in bad faith will likely spur lawyers on both sides to take a harder look at cases early in the litigation process.Read More »
A decision from the U.S. Supreme Court that a seminal Sixth Amendment rights case is not retroactive has provided clarity for attorneys while dashing the hopes of thousands of defendants.Read More »
The Supreme Court ruled Thursday that people who committed crack cocaine crimes before more lenient penalties took effect and received their prison sentence afterward should benefit from the new rules.Read More »
The Confrontation Clause does not bar an expert from testifying at a criminal trial that a DNA profile produced by an outside laboratory matched the defendant’s state lab DNA profile, the U.S. Supreme Court has ruled in a fractured opinion.
Tagged with: Anthony Kennedy Antonin Scalia certiorari Clarence Thomas Confrontation Clause DNA Elena Kagan John Roberts Ruth Bader Ginsburg Samuel Alito Sonia Sotomayor Stephen Breyer Supreme Court Williams v. IllinoisRead More »
The Supreme Court has ruled that sales representatives for pharmaceutical companies do not qualify for overtime pay under federal law, a big victory for the drug industry.
Tagged with: Anthony Kennedy Antonin Scalia Christopher v. SmithKline Beecham Clarence Thomas drug companies Elena Kagan Fair Labor Standards Act GlaxoSmithKline John Roberts Overtime Ruth Bader Ginsburg Samuel Alito Sonia SotomayorRead More »
The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.
Tagged with: Anthony Kennedy Antonin Scalia Clarence Thomas DNA Elena Kagan John Roberts Ruth Bader Ginsburg Samuel Alito Sandy Williams Sonia Sotomayor Stephen Breyer Supreme Court Williams v. IllinoisRead More »
An immigration statute limiting a legal permanent resident’s right of reentry does not apply retroactively to a felony conviction before the effective date of the law, the U.S. Supreme Court has ruled 6-3.
Tagged with: 10-1211 Antonin Scalia Clarence Thomas IIRIRA Illegal Immigration Reform and Immigrant Responsibility Act Immigration Ruth Bader Ginsburg Samuel Alito Jr. SCOTUS U.S. Supreme Court Vartelas v. HolderRead More »
A criminal defendant could assert an ineffective assistance of counsel claim with respect to plea deals that his lawyer failed to communicate to him before they expired, the U.S. Supreme Court has ruled 5-4.Read More »
The confusing state of the U.S. Supreme Court’s preemption jurisprudence got trickier late last month with a ruling throwing out a state-based failure-to-warn claim on the grounds that federal law occupied the field of locomotive safety.Read More »
Despite assurances from Chief Justice John Roberts that such a move was unnecessary and unwise, a group of lawmakers is pushing the Supreme Court to drop its current self-policing policy for recusals and formally adopt the same judicial code of ethics that binds other federal judges.Read More »