Legal Blotterca https://legalblotterca.com/ US Suprem Court Cases Thu, 15 Sep 2022 13:58:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://i0.wp.com/legalblotterca.com/wp-content/uploads/2022/09/cropped-BalLegal.png?fit=32%2C32&ssl=1 Legal Blotterca https://legalblotterca.com/ 32 32 214693178 Kennedy v. Bremerton School District https://legalblotterca.com/kennedy-v-bremerton-school-district/ Mon, 27 Jun 2022 08:39:00 +0000 https://legalblotterca.com/?p=225 Holding: The free exercise and free speech clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits…

The post Kennedy v. Bremerton School District appeared first on Legal Blotterca.

]]>
Holding: The free exercise and free speech clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression.

Judgment: Reversed, 6-3, in an opinion by Justice Gorsuch on June 27, 2022. Justice Gorsuch delivered the opinion of the court, in which Chief Justice Roberts, Justices Thomas, Alito, and Barrett joined, and in which Justice Kavanaugh joined except as to Part III-B. Justices Thomas and Alito filed concurring opinions. Justice Sotomayor filed a dissenting opinion, in which Justices Breyer and Kagan joined.

The post Kennedy v. Bremerton School District appeared first on Legal Blotterca.

]]>
225
Nance v. Ward https://legalblotterca.com/nance-v-ward/ Thu, 23 Jun 2022 08:33:00 +0000 https://legalblotterca.com/?p=222 Title 42 U.S.C. § 1983 is the procedural vehicle appropriate for a prisoner’s method-of-execution claim

The post Nance v. Ward appeared first on Legal Blotterca.

]]>
Holding: Title 42 U.S.C. § 1983 is the procedural vehicle appropriate for a prisoner’s method-of-execution claim even if an order granting the relief requested would necessitate a change in state law.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Kagan on June 23, 2022. Justice Barrett filed a dissenting opinion, in which Justices Thomas, Alito, and Gorsuch joined.

The post Nance v. Ward appeared first on Legal Blotterca.

]]>
222
Vega v. Tekoh https://legalblotterca.com/vega-v-tekoh/ Thu, 23 Jun 2022 08:30:00 +0000 https://legalblotterca.com/?p=219 Holding: A violation of the prophylactic rules described in Miranda v. Arizona does not provide a basis for a claim under 42 U.S.C. § 1983. Judgment: Reversed and remanded, 6-3, in an opinion by…

The post Vega v. Tekoh appeared first on Legal Blotterca.

]]>
Holding: A violation of the prophylactic rules described in Miranda v. Arizona does not provide a basis for a claim under 42 U.S.C. § 1983.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Alito on June 23, 2022. Justice Kagan filed a dissenting opinion, in which Justices Breyer and Sotomayor joined.

The post Vega v. Tekoh appeared first on Legal Blotterca.

]]>
219
United States v. Washington https://legalblotterca.com/united-states-v-washington/ Tue, 21 Jun 2022 08:18:00 +0000 https://legalblotterca.com/?p=210 Holding: Washington’s workers’ compensation law is unconstitutional under the supremacy clause because it facially discriminates against the federal government and does not fall within the scope of the federal waiver…

The post United States v. Washington appeared first on Legal Blotterca.

]]>
Holding: Washington’s workers’ compensation law is unconstitutional under the supremacy clause because it facially discriminates against the federal government and does not fall within the scope of the federal waiver of immunity contained in 40 U.S.C. § 3172.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Breyer on June 21, 2022.

The post United States v. Washington appeared first on Legal Blotterca.

]]>
210
George v. McDonough https://legalblotterca.com/george-v-mcdonough/ Wed, 15 Jun 2022 08:29:00 +0000 https://legalblotterca.com/?p=216 Holding: The invalidation of a Department of Veterans Affairs regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief permitting revision of that decision based…

The post George v. McDonough appeared first on Legal Blotterca.

]]>
Holding: The invalidation of a Department of Veterans Affairs regulation after a veteran’s benefits decision becomes final cannot support a claim for collateral relief permitting revision of that decision based on “clear and unmistakable error” under 38 U.S.C. §§ 5109A and 7111.

Judgment: Affirmed, 6-3, in an opinion by Justice Barrett on June 15, 2022. Justice Sotomayor filed a dissenting opinion. Justice Gorsuch filed a dissenting opinion, in which Justice Breyer joined, and in which Justice Sotomayor joined as to all but Part II-C.

The post George v. McDonough appeared first on Legal Blotterca.

]]>
216
Golan v. Saada https://legalblotterca.com/golan-v-saada/ Wed, 15 Jun 2022 07:45:00 +0000 https://legalblotterca.com/?p=189 Holding: A court is not categorically required to examine all possible ameliorative measures before denying a Hague Convention petition for return of a child to a foreign country once the…

The post Golan v. Saada appeared first on Legal Blotterca.

]]>
Holding: A court is not categorically required to examine all possible ameliorative measures before denying a Hague Convention petition for return of a child to a foreign country once the court has found that return would expose the child to a grave risk of harm.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Sotomayor on June 15, 2022.

The post Golan v. Saada appeared first on Legal Blotterca.

]]>
189
Ysleta del Sur Pueblo v. Texas https://legalblotterca.com/ysleta-del-sur-pueblo-v-texas/ Wed, 15 Jun 2022 07:21:00 +0000 https://legalblotterca.com/?p=179 Holding: The federal legislation at issue — the Ysleta del Sur and Alabama and Coushatta Indian Tribes of Texas Restoration Act — bans as a matter of federal law on tribal lands…

The post Ysleta del Sur Pueblo v. Texas appeared first on Legal Blotterca.

]]>
Holding: The federal legislation at issue — the Ysleta del Sur and Alabama and Coushatta Indian Tribes of Texas Restoration Act — bans as a matter of federal law on tribal lands only those gaming activities also banned in Texas.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Gorsuch on June 15, 2022. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas, Alito, and Kavanaugh joined.

The post Ysleta del Sur Pueblo v. Texas appeared first on Legal Blotterca.

]]>
179
Kemp v. United States https://legalblotterca.com/kemp-v-united-states/ Mon, 13 Jun 2022 08:24:00 +0000 https://legalblotterca.com/?p=213 Holding: The term “mistake” in Federal Rule of Civil Procedure 60(b)(1) includes a judge’s errors of law; because Dexter Kemp’s motion alleged such an error, it was cognizable under Rule 60(b)(1) and…

The post Kemp v. United States appeared first on Legal Blotterca.

]]>
Holding: The term “mistake” in Federal Rule of Civil Procedure 60(b)(1) includes a judge’s errors of law; because Dexter Kemp’s motion alleged such an error, it was cognizable under Rule 60(b)(1) and untimely under Rule 60(c)’s one-year limitations period.

Judgment: Affirmed, 8-1, in an opinion by Justice Thomas on June 13, 2022. Justice Sotomayor filed a concurring opinion. Justice Gorsuch filed a dissenting opinion.

The post Kemp v. United States appeared first on Legal Blotterca.

]]>
213
ZF Automotive US, Inc. v. Luxshare, Ltd. https://legalblotterca.com/zf-automotive-us-inc-v-luxshare-ltd/ Mon, 13 Jun 2022 07:48:00 +0000 https://legalblotterca.com/?p=192 Holding: Although 28 U.S.C. § 1782(a) permits a district court to order discovery “for use in a proceeding in a foreign or international tribunal,” only a governmental or intergovernmental adjudicative body may…

The post ZF Automotive US, Inc. v. Luxshare, Ltd. appeared first on Legal Blotterca.

]]>
Holding: Although 28 U.S.C. § 1782(a) permits a district court to order discovery “for use in a proceeding in a foreign or international tribunal,” only a governmental or intergovernmental adjudicative body may qualify as such a tribunal, and the arbitration panels in these cases are not such adjudicative bodies.

Judgment: Reversed, 9-0, in an opinion by Justice Barrett on June 13, 2022.

The post ZF Automotive US, Inc. v. Luxshare, Ltd. appeared first on Legal Blotterca.

]]>
192
Denezpi v. United States https://legalblotterca.com/denezpi-v-united-states/ Mon, 13 Jun 2022 06:41:00 +0000 https://legalblotterca.com/?p=176 Holding: The double jeopardy clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them. Judgment: Affirmed, 6-3, in an opinion…

The post Denezpi v. United States appeared first on Legal Blotterca.

]]>
Holding: The double jeopardy clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them.

Judgment: Affirmed, 6-3, in an opinion by Justice Barrett on June 13, 2022. Justice Gorsuch filed a dissenting opinion, in which Justices Sotomayor and Kagan joined as to Parts I and III.

The post Denezpi v. United States appeared first on Legal Blotterca.

]]>
176