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SCOTUS Digest

Aug 7, 2019

Warrantless Search – OWI – Blood Test

In this case, we return to a topic that we have addressed twice in recent years: the circumstances under which a police officer may administer a warrantless blood alcohol concentration (BAC) test to a motorist who appears to have been driving under the influence of alcohol.

Aug 7, 2019

Enumeration Clause Violation

The Secretary of Commerce decided to reinstate a question about citizenship on the 2020 census questionnaire.

Aug 7, 2019

Abuse of Discretion – Partisan Gerrymandering

Voters and other plaintiffs in North Carolina and Maryland filed suits challenging their States’ congressional districting maps as unconstitutional partisan gerrymanders.

Aug 7, 2019

Sentencing Guidelines – 5th & 6th Amendment Violation

Respondent Andre Haymond was convicted of possessing child pornography, a crime that carries a prison term of zero to 10 years.

Aug 7, 2019

Auer Deference

Petitioner James Kisor, a Vietnam War veteran, first sought disability benefits from the Department of Veterans Affairs (VA) in 1982, alleging that he had developed post-traumatic stress disorder from his military service.

Aug 7, 2019

Commerce Clause Violation

The State of Tennessee imposes demanding durational residency requirements on all individuals and businesses seeking to obtain or renew a license to operate a liquor store.

Aug 7, 2019

Sentencing Guideline – Penalties

In our constitutional order, a vague law is no law at all. Only the people’s elected representatives in Congress have the power to write new federal criminal laws.

Aug 7, 2019

Statutory Interpretation

Congress has instructed that the disclosure requirements of the Freedom of Information Act do “not apply” to “confidential” private-sector “commercial or financial information” in the government’s possession.

Aug 7, 2019

1st Amendment Violation

Two Terms ago, in Matal v. Tam, 582 U. S. ___ (2017), this Court invalidated the Lanham Act’s bar on the registration of “disparag[ing]” trademarks. 15 U. S. C. §1052(a).

Aug 7, 2019

Punitive Damages

By granting federal courts jurisdiction over maritime and admiralty cases, the Constitution implicitly directs federal courts sitting in admiralty to proceed “in the manner of a common law court.”

Jul 17, 2019

Prosecutorial Misconduct – Jury Instructions

In Batson v. Kentucky, 476 U. S. 79 (1986), this Court ruled that a State may not discriminate on the basis of race when exercising peremptory challenges against prospective jurors in a criminal trial.

Jul 17, 2019

Due Process Violation

This case is about the limits of a State’s power to tax a trust.

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