Tag: SCOTUS
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SCOTUS takes up case concerning Federal Tort Claims Act
The Supreme Court of the United States agreed to hear a case in its October 2020-2021 term concerning the Federal Tort Claims Act (FTCA). The case, Brownback v. King, came on a writ of certiorari to the United States Court of Appeals for the 6th Circuit. In 2014, James King violently resisted arrest after being…
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SCOTUS issues opinion in case concerning federal maritime law
On March 30, 2020, the Supreme Court of the United States issued its ruling in the case CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd. The case came on a writ of certiorari to the United States Court of Appeals for the 3rd Circuit. The case: An abandoned anchor in the Delaware River pierced…
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SCOTUS issues decision regarding insanity defense in criminal cases
On March 23, the Supreme Court of the United States (SCOTUS) issued its opinion in the case Kahler v. Kansas. The case: James Kahler was convicted of capital murder and sentenced to death. On appeal, Kahler argued the prosecution violated his right to a fair trial. The Kansas Supreme Court rejected Kahler’s argument, affirming his…
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U.S. Supreme Court postpones March sitting, closes indefinitely
The U.S. Supreme Court announced it was postponing the 11 hours of oral arguments originally scheduled during its March sitting. In a press release, the court said the delay was "in keeping with public health precautions recommended in response to COVID-19." The court has heard arguments in 59 of the 73 cases it accepted to…
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SCOTUS accepting new cases for 2020-2021 term
The Supreme Court of the United States has begun accepting cases for its 2020-2021 October term. As of March 12, 2020, the court had agreed to hear six cases during the term. The following list of the cases is sorted by the cases’ court of origination: 3rd Circuit • Fulton v. City of Philadelphia, Pennsylvania…
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Justice Gorsuch argues against deference in criminal cases
Justice Gorsuch released a statement critical of applying Chevron deference to laws involving criminal penalties following the U.S. Supreme Court’s March 2 decision not to hear Guedes v. Bureau of Alcohol, Tobacco, Firearms and Explosives. The case challenged the Trump administration’s decision to outlaw bump stocks through regulation. Under Chevron deference, federal courts must defer…
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Fifth Circuit upholds limits on presidential removal power over CFPB head
A panel of judges on the U.S. Court of Appeals for the Fifth Circuit decided 2-1 to uphold the structure of the Consumer Financial Protection Bureau (CFPB). The court’s March 3 opinion said that the legal restrictions on the president’s authority to remove the head of the agency were “valid and constitutional.” Judge Stephen Higginson,…
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SCOTUS issues opinion in case concerning the Immigration Reform and Control Act (IRCA)
On March 3, 2020, the Supreme Court of the United States issued its ruling in Kansas v. Garcia, a case concerning the Immigration Reform and Control Act (IRCA). In the case, Ramiro Garcia, Donaldo Morales, and Guadalupe Ochoa-Lara were each convicted of identity theft in Johnson County, Kansas. They each appealed their convictions to the…
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SCOTUS takes up case questioning ACA's individual mandate
The U.S. Supreme Court agreed to hear a case in its October 2020-2021 term concerning the Patient Protection and Affordable Care Act (ACA). The case, California v. Texas, is consolidated with Texas v. California, and came on a writ of certiorari to the U.S. Court of Appeals for the 5th Circuit. In 2010, President Barack…
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Justice Thomas signals reconsideration of judicial deference doctrine
Justice Clarence Thomas wrote on February 24 that he would reconsider his 2005 Brand X opinion. He made his remarks while dissenting from the U.S. Supreme Court’s decision not to hear Baldwin v. U.S., which challenged Brand X. Thomas argued that Brand X appears to be “inconsistent with the Constitution, the Administrative Procedure Act (APA),…