What SCOTUS Wrote Us

Part 2: Free Speech and Stolen Valor | United States v. Alvarez (2012)

In United States v. Alvarez (2012), the Supreme Court was asked whether the Stolen Valor Act of 2005 violated the First Amendment. Listen to audio of the majority opinion now.

 

Access a pdf copy of the opinion here:

https://supreme.justia.com/cases/federal/us/567/11-210/case.pdf

 

Access additional resources about the case on oyez.org:

https://www.oyez.org/cases/2011/11-210

 

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www.whatscotuswroteus.com

Part 1: Free Speech and Stolen Valor | United States v. Alvarez (2012)

In United States v. Alvarez (2012), the Supreme Court was asked whether the Stolen Valor Act of 2005 violated the free speech clause of the First Amendment. Listen to audio of the majority opinion now.

 

Access additional resources about the case on oyez.org:

https://www.oyez.org/cases/2011/11-210

 

Listen to What SCOTUS Wrote Us wherever you get your podcasts.

www.whatscotuswroteus.com

The Court’s Commentary on the Code of Conduct for Justices

The Court's official commentary accompanying the recently issued Code of Conduct for Justices. Commentary begins on page ten of the linked document.

 

The New Supreme Court Code of Conduct

Audio of the newly-issued Code of Conduct for Justices of the Supreme Court of the United States, dated November 13, 2023.

Access the original document here:

https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_11-13-23

Part 2: Chevron v. Natural Resources Defense Council (1984) (Chevron Deference, Administrative Law)

A new case before SCOTUS this term, Loper Bright Enterprises v. Raimondo, threatens to overturn the landmark decision of the case I'll be reading today: Chevron v. Natural Resources Defense Council (1984)

Listen to What SCOTUS Wrote Us anywhere you listen to podcasts.

 

Part 1: Chevron v. Natural Resources Defense Council (1984) (Chevron Deference, Administrative Law)

A new case before SCOTUS this term, Loper Bright Enterprises v. Raimondo, threatens to overturn the landmark decision in the case I'll be reading today: Chevron v. Natural Resources Defense Council (1984)

Listen to What SCOTUS Wrote Us anywhere you listen to podcasts.

 

 

Season 3 Supreme Court Preview

A preview of the Supreme Court term ahead and the podcast's third season.

Listen to What SCOTUS Wrote Us anywhere you listen to podcasts or at www.whatscotuswroteus.com.

Part 2: Jones v. Hendrix (June 2023)

May a federal inmate who did not challenge their conviction on the ground that the statute did not criminalize their activity subsequently apply for habeas relief after the Supreme Court retroactively invalidates the circuit precedent on which the inmate relied in not challenging their conviction?

Audio of the opinion of the Supreme Court in Jones v. Hendrix (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-857

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Part 1: Jones v. Hendrix (June 2023)

May a federal inmate who did not challenge their conviction on the ground that the statute did not criminalize their activity subsequently apply for habeas relief after the Supreme Court retroactively invalidates the circuit precedent on which the inmate relied in not challenging their conviction?

Audio of the opinion of the Supreme Court in Jones v. Hendrix (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-857

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Part 2: United States ex rel. Polansky v. Executive Health Resources, Inc. (June 2023)

Does the government have the authority to dismiss a False Claims Act lawsuit brought by an individual on behalf of the government if it initially declined to take over the case, and if so, what standard applies?

Audio of the opinion of the Supreme Court in United States ex rel. Polansky v. Executive Health Resources, Inc. (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1052

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Part 1: United States ex rel. Polansky v. Executive Health Resources, Inc. (June 2023)

Does the government have the authority to dismiss a False Claims Act lawsuit brought by an individual on behalf of the government if it initially declined to take over the case, and if so, what standard applies?

Audio of the opinion of the Supreme Court in United States ex rel. Polansky v. Executive Health Resources, Inc. (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1052

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Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin (June 2023) Does the Bankruptcy Code unequivocally abrogate tribal sovereign immunity?

Audio of the opinion of the Court in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/22-227

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Smith v. United States (June 2023) Does a criminal trial’s improper venue as to one count require vacatur of the convictions for other counts?

Listen to the opinion of the Court in Smith v. United States (June 2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1576

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Yegiazaryan v. Smagin (June 2023) Does a foreign plaintiff state a cognizable RICO claim for an injury to intangible property?

Listen to the opinion of the Court in Yegiazaryan v. Smagin (June 2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/22-381

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Part 2: U.S. ex rel. Schutte v. Supervalu Inc. (2023) When does a defendant ”knowingly” violate the False Claims Act?

Justice Thomas delivers the unanimous opinion of the Court in United States ex rel. Schutte v. Supervalu Inc. (2023).

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1326

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Part 1: U.S. ex rel. Schutte v. Supervalu Inc. (2023) When does a defendant ”knowingly” violate the False Claims Act?

Justice Thomas delivers a unanimous opinion of the Court in United States ex rel. Schutte v. Supervalu Inc.(2023).

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1326

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Update: It’s a new term!

An update about the weeks ahead.

2023 Term Supreme Court Calendar

Granted and Noted Cases List

October Session Oral Arguments:

https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalOctober2023.pdf

https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalNovember2023.pdf

Part 2: Health and Hospital Corporation of Marion County v. Talevski (2023) May a plaintiff file a federal civil rights claim for violation of the Federal Nursing Home Reform Act?

The opinion of the Supreme Court in Health and Hospital Corporation of Marion County v. Talevski (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-806

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Part 1: Health and Hospital Corporation of Marion County v. Talevski (2023) May a plaintiff file a federal civil rights claim for violation of the Federal Nursing Home Reform Act?

The opinion of the Supreme Court in Health and Hospital Corporation of Marion County v. Talevski (2023)

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-806

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Abitron Austria GmbH v. Hetronic Int’l, Inc. (2023) Can the owner of a U.S. trademark recover damages for infringement that occurred outside the U.S.?

The opinion of the Supreme Court in Abitron Austria GmbH v. Hetronic Int'l, Inc. (2023) in which the Court was asked whether the Lanham Act permits the owner of a U.S.-registered trademark to recover damages for the use of that trademark when the infringement occurred outside the United States and is not likely to cause confusion in the United States.

Access Additional resources about this case at oyez.org:

https://www.oyez.org/cases/2022/21-1043

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Samia v. United States (2023) (Codefendant Confession; Confrontation Clause of the Sixth Amendment)

Does admitting a codefendant’s redacted out-of-court confession that immediately inculpates a defendant based on context violate the Confrontation Clause of the Sixth Amendment?

Majority opinion of the Supreme Court in Samia v. United States (2023)

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Slack Technologies, LLC v. Pirani (2023) (Securities Act of 1933)

Does the Securities Act of 1933 require plaintiffs to plead and prove that they bought shares registered under the registration statement they claim is misleading?

Majority Opinion of the Supreme Court in Slack Technologies, LLC v. Pirani (2023)

Access additional resources about this here case on oyez.org.

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Mallory v. Norfolk Southern Railway Co. (2023) Is Pennsylvania’s law conferring general personal jurisdiction over registered out-of-state corporations unconstitutional?

Mallory v. Norfolk Southern Railway Co. (2023) Majority Opinion

Access additional resources for this case on oyez.org.

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Fall Update

An update on the show as we say goodbye to summer and look forward to a new term next month.

Part 2: Dubin v. United States (2023) Is it aggravated identity theft just to mention another’s name during a predicate offense?

Majority opinion of the Supreme Court in Dubin v. United States (2023)

Visit oyez.org for additional case resources here.

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Part 1: Dubin v. United States (2023) Is it aggravated identity theft just to mention another’s name during a predicate offense?

Majority opinion of the Supreme Court in Dubin v. United States (2023)

Is the mention of someone's name during the commission of a predicate offence considered aggravated identity theft?

Visit oyez.org for additional case resources here.

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Arizona v. Navajo Nation (2023) Must the U.S. secure water for the Navajos?

Majority Opinion of the Supreme Court in Arizona v. Navajo Nation (2023)

The Court was asked whether the 1868 Treaty between the Navajo Nation and the United States imposes an affirmative duty on the United States to secure water for the tribe.

Visit oyez.org for additional case resources here.

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Part 2: Groff v. DeJoy (2023) Is an employer excused from providing employees time off for religious exercise?

The opinion for a unanimous Supreme Court in Groff v. DeJoy (June 29, 2023)

In this case, the Court was asked whether inconvenience to coworkers is an “undue burden” under Title VII of the Civil Rights Act of 1964 such that it excuses an employer from providing accommodations for religious exercise as requested by employees.

Find additional resources about this case here on Oyez.org

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Part 1: Groff v. DeJoy (2023) Is an employer excused from providing employees time off for religious exercise?

The opinion for a unanimous Supreme Court in Groff v. DeJoy (June 29, 2023)

In this case, the Court was asked whether inconvenience to coworkers is an “undue burden” under Title VII of the Civil Rights Act of 1964 such that it excuses an employer from providing accommodations for religious exercise as requested by employees.

Find additional resources about this case here on Oyez.org

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Part 7 of 7: United States v. Donald J. Trump - Indictment (2020 Election)

United States v. Donald J. Trump (Aug 1, 2023) in the United States District Court for the District of Columbia (The Election Case)

Docket No: 23-cr-00257-TSC

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

Part 6: United States v. Donald J. Trump - Indictment (2020 Election)

United States v. Donald J. Trump (Aug 1, 2023) in the United States District Court for the District of Columbia (The Election Case)

Docket No: 23-cr-00257-TSC

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

Part 5: United States v. Donald J. Trump - Indictment (2020 Election)

United States v. Donald J. Trump (Aug 1, 2023) in the United States District Court for the District of Columbia (The Election Case)

Docket No: 23-cr-00257-TSC

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

Part 4: The Georgia Indictment of Donald J. Trump et al.

The State of Georgia v. Donald John Trump et al., filed August 14, 2023 in Fulton County Superior Court.

Access original charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf

Part 3: Georgia Indictment of Donald J. Trump et al.

The State of Georgia v. Donald John Trump et al., filed August 14, 2023 in Fulton County Superior Court.

Access original charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf

Part 2: Georgia Indictment of Donald J. Trump et al.

The State of Georgia v. Donald John Trump et al., filed August 14, 2023 in Fulton County Superior Court.

Access original charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf

Part 1: The Georgia Indictment of Donald J. Trump et al.

The State of Georgia v. Donald John Trump et al., filed August 14, 2023 in Fulton County Superior Court.

Access original charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/08/CRIMINAL-INDICTMENT-Trump-Fulton-County-GA.pdf

 

Part 4: United States v. Donald J. Trump - Indictment (2020 Election)

Final episode of United States v. Donald J. Trump (Aug 1, 2023) in the United States District Court for the District of Columbia (The Election Case). 

Docket No: 23-cr-00257-TSC

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

Part 3: United States v. Donald J. Trump - Indictment (2020 Election)

United States v. Donald J. Trump (Aug 1, 2023) in the United States District Court for the District of Columbia (The Election Case). Covers pages 21 - 31 of the 45 page indictment.

Docket No: 23-cr-00257-TSC

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

Part 2: United States v. Donald J. Trump - Indictment (2020 Election)

United States v. Donald J. Trump (Aug 1, 2023) in the United States District Court for the District of Columbia (The Election Case)

Docket No: 23-cr-00257-TSC

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

pages 9-21 of the indictment

Part 1: United States v. Donald J. Trump - Indictment (2020 Election)

United States v. Donald J. Trump (Aug 1, 2023) in the United States District Court for the District of Columbia (The Election Case)

Docket No: 23-cr-00257-TSC

https://www.justice.gov/storage/US_v_Trump_23_cr_257.pdf

Coinbase, Inc. v. Bielski (June 23, 2023) Arbitration, Interlocutory Appeal

Held: A district court must stay its proceedings while an interlocutory appeal on the question of arbitrability is ongoing.

Majority opinion in Coinbase, Inc. v. Bielski (June 23, 2023)

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Pugin v. Garland (June 22, 2023) Immigration & Nationality Act; Aggravated Felony

Held: An offense may "relate to" obstruction of justice under the Immigration & Nationality Act's definition of an "aggravated felony," even if the offense does not require that an investigation or proceeding be pending.

Listen to the majority opinion in Pugin v. Garland (June 22, 2023)

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Part 5: Thomas, Concurring in Students for Fair Admissions, Inc. v. Harvard College (June 29, 2023)

Listen to Justice Thomas, concurring in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, University Admissions)

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Part 4: Thomas, Concurring in Students for Fair Admissions, Inc. v. Harvard College (June 29, 2023)

Listen to Justice Thomas, concurring in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, University Admissions)

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Part 3: Thomas, Concurring in Students for Fair Admissions, Inc. v. Harvard College (June 29, 2023)

Listen to Justice Thomas, concurring in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, University Admissions)

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Part 2: Thomas, Concurring in Students for Fair Admissions, Inc. v. Harvard College (June 29, 2023)

Listen to Justice Thomas, concurring in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, University Admissions)

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Part 1: Thomas, Concurring in Students for Fair Admissions, Inc. v. Harvard College (June 29, 2023)

Listen to Justice Thomas, concurring in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, University Admissions)

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Counterman v. Colorado (June 2023) True Threats, First Amendment Speech, Recklessness Standard

Majority opinion in Counterman v. Colorado (2023)

*Warning: This episode includes a quote containing an "f bomb" precisely at the 3-minute mark, which is why it has been labeled explicit.

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Part 5: Sotomayor, Dissenting in Students for Fair Admissions, Inc. v. Harvard College

I apologize for the delay in posting this final segment of this opinion; I'm in the middle of a move. Thanks for your patience! 

Listen to Justice Sotomayor's dissenting opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

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Part 4: Sotomayor, Dissenting in Students for Fair Admissions, Inc. v. Harvard College

Held: Race-based admissions policies at Harvard College and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment.

Listen to Justice Sotomayor's dissenting opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023). Next episode, I'll be reading the final 19 pages.

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Part 3: Sotomayor, Dissenting in Students for Fair Admissions, Inc. v. Harvard College

Held: Race-based admissions policies at Harvard College and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment.

Listen to Justice Sotomayor's dissenting opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

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Part 2: Sotomayor, Dissenting in Students for Fair Admissions, Inc. v. Harvard College

Held: Race-based admissions policies at Harvard College and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment.

Listen to Justice Sotomayor's dissenting opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

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Part 1: Sotomayor, Dissenting in Students for Fair Admissions, Inc. v. Harvard College

Held: Race-based admissions policies at Harvard College and the University of North Carolina violate the Equal Protection Clause of the Fourteenth Amendment.

Listen to Justice Sotomayor's dissenting opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

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Part 4: Sotomayor, Dissenting in 303 Creative LLC v. Elenis

Does Colorado's public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

Listen to Justice Sotomayor's dissenting opinion in 303 Creative LLC v. Elenis (June 30, 2023)

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Part 3: Sotomayor, Dissenting in 303 Creative LLC v. Elenis

Does Colorado's public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

Listen to Justice Sotomayor's dissenting opinion in 303 Creative LLC v. Elenis (June 30, 2023)

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Part 2: Sotomayor, Dissenting in 303 Creative LLC v. Elenis

Listen to part 2 of Justice Sotomayor's dissenting opinion in 303 Creative LLC v. Elenis (June 30, 2023)

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Part 1: Sotomayor, Dissenting in 303 Creative LLC v. Elenis

Does Colorado's public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

Listen to Justice Sotomayor's dissenting opinion in 303 Creative LLC v. Elenis (June 30, 2023)

Follow What SCOTUS Wrote Us for audio of Supreme Court opinions. Anywhere you listen to podcasts.

Part 2: Biden v. Nebraska (June 30, 2023) Is Biden’s student debt relief plan legal?

Held: The Secretary of Education does not have authority under the HEROES Act (2003) to establish a student loan forgiveness program that will cancel roughly $430 billion in debt principal and affect nearly all borrowers.

Audio of the Supreme Court's majority opinion in Biden v. Nebraska (2023)

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Part 1: Biden v. Nebraska (June 30, 2023) Is Biden’s student debt relief plan legal?

Held: The Secretary of Education does not have authority under the HEROES Act (2003) to establish a student loan forgiveness program that will cancel roughly $430 billion in debt principal and affect nearly all borrowers.

Audio of the Supreme Court's majority opinion in Biden v. Nebraska (2023). Part 1 of 2.

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Part 3: 303 Creative LLC v. Elenis (June 30, 2023) Does Colorado’s public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

Held: The First Amendment prohibits Colorado from forcing a web designer to create expressive designs that speak messages with which the designer disagrees.

Majority opinion in Creative LLC v. Elenis (June 30, 2023)

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Part 2: 303 Creative LLC v. Elenis (June 30, 2023) Does Colorado’s public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

The First Amendment prohibits Colorado from forcing a web designer to create expressive designs that speak messages with which the designer disagrees.

Majority opinion in Creative LLC v. Elenis (June 30, 2023)

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Part 1: 303 Creative LLC v. Elenis (June 30, 2023) Does Colorado’s public accommodations law prohibiting discrimination based on sexual orientation violate the First Amendment?

The First Amendment prohibits Colorado from forcing a web designer to create expressive designs that speak messages with which the designer disagrees.

Majority opinion in 303 Creative LLC v. Elenis (June 30, 2023)

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Part 4: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, College Admissions)

Majority opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023

 

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Part 3: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, College Admissions)

Majority opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

 

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Part 2: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, College Admissions)

Majority opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

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Part 1: Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023) (Affirmative Action, Race, College Admissions)

Majority opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (June 29, 2023)

 

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Part 3: Moore v. Harper (June 27, 2023) Does the Constitution give state legislatures sole, unreviewable authority to regulate federal elections?

Majority Opinion in Moore v. Harper (June 27, 2023)

Music by Epidemic Sound

Part 2: Moore v. Harper (June 27, 2023) Does the Constitution give state legislatures sole, unreviewable authority to regulate federal elections?

Majority Opinion in Moore v. Harper (June 27, 2023)

Music by Epidemic Sound

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Part 1: Moore v. Harper (June 27, 2023) Does the U.S. Constitution give state legislatures sole, unreviewable authority to regulate federal elections?

Majority Opinion in Moore v. Harper (June 27, 2023)

Music by Epidemic Sound

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Lora v. United States (June 16, 2023) Does § 924(c)’s bar on concurrent sentences apply to a §924(j) conviction?

The opinion of a unanimous Supreme Court in Lora v. United States (June 16, 2023)

Music by Epidemic Sound

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Part 2: United States v. Hansen (June 23, 2023) The scam that promised a path to U.S. citizenship through adult adoption.

Majority opinion in United States v. Hansen (June 23, 2023)

Music by Epidemic Sound

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Part 1: United States v. Hansen (June 23, 2023) The scam that promised a path to U.S. citizenship through adult adoption.

Majority opinion in United States v. Hansen (June 23, 2023)

Music by Epidemic Sound

 

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United States v. Texas (June 23, 2023) Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law

Majority opinion in United States v. Texas (June 23, 2023)

Music by Epidemic Sound

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Part 2: Haaland v. Brackeen (June 15, 2023) Placing Native foster kids in Native homes first.

Does the Indian Child Welfare Act's (ICWA) preference for Native over non-Native homes when placing Native American foster children violate the anti-commandeering principles of the Tenth Amendment?

The majority opinion of the Supreme Court in Haaland v. Brackeen (June 15, 2023)

 

Part 1: Haaland v. Brackeen (June 15, 2023) Placing Native foster kids in Native homes first.

Does the Indian Child Welfare Act's (ICWA) preference for Native over non-Native homes when placing Native American foster children violate the anti-commandeering principles of the Tenth Amendment?

The majority opinion of the Supreme Court in Haaland v. Brackeen (June 15, 2023)

Music by Epidemic Sound

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The Federal Indictment of Donald J. Trump

Listen to audio of the full federal indictment of Donald J. Trump and Waltine Nauta issued June 8, 2023 by the U.S. Department of Justice in the Federal District Court for the Southern District of Florida.

Access the full charging document here:

https://d3i6fh83elv35t.cloudfront.net/static/2023/06/trump-indictment.pdf

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Dupree v. Younger (May 2023) Preserving for appeal a legal issue rejected at summary judgement.

Opinion of the Supreme Court in Dupree v. Younger (May 25, 2023)

A party need not reassert in a post-trial motion a purely legal issue rejected at summary judgment in order to preserve it for appeal.

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Part 2: Jack Daniel’s Properties, Inc. v. VIP Products LLC (June 8, 2023) Is humorous use of another’s trademark protected by the First Amendment?

Majority opinion of the Supreme Court in Jack Daniel's Properties, Inc. v. VIP Products LLC (June 8, 2023)

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Part 1: Jack Daniel’s Properties, Inc. v. VIP Products LLC (June 8, 2023) Is humorous use of another’s trademark protected by the First Amendment?

Majority opinion of the Supreme Court in Jack Daniel's Properties, Inc. v. VIP Products LLC (June 8, 2023)

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Part 2: Allen v. Milligan (June 8, 2023) Does Alabama’s 2021 congressional district map violate §2 of the Voting Rights Act?

Majority opinion in Allen v. Milligan (2023), formerly Merrill v. Milligan.

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Part 1: Allen v. Milligan (June 8, 2023) Does Alabama’s 2021 congressional district map violate §2 of the Voting Rights Act?

Majority opinion in Allen v. Milligan (2023), formerly Merrill v. Milligan.

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Update on new opinions and the remainder of the term.

Glacier Northwest, Inc. v. Teamsters (June 1, 2023) Does the NLRA protect a union whose members ruined an employer’s property during a strike?

Majority opinion in Glacier Northwest, Inc. v. Teamsters (June 1, 2023)

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Tyler v. Hennepin County (May 25, 2023) Can the government pocket the excess when taking property to satisfy a debt?

The opinion of a unanimous Supreme Court in Tyler v. Hennepin County, Minnesota (May 25, 2023)

 

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Calcutt v. Federal Deposit Insurance Corporation (May 22, 2023) (FDIA, FDIC, Financial Industry Sanctions)

Per Curiam Opinion of the Supreme Court in Calcutt v. FDIC (May 22, 2023)

 

Part 2: Sackett v. EPA (May 25, 2023) Are wetlands protected by the Clean Water Act?

Majority Opinion of the Supreme Court in Sackett v. Environmental Protection Agency (May 25, 2023)

 

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Part 1: Sackett v. EPA (May 25, 2023) Are wetlands protected by the Clean Water Act?

Majority Opinion of the Supreme Court in Sackett v. Environmental Protection Agency (May 25, 2023)

 

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Part 2: Amgen Inc. v. Sanofi (May 18, 2023) Did Amgen’s patents describe their invention sufficiently?

Amgen Inc. v. Sanofi (May 18, 2023) Majority Opinion

 

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Part 1: Amgen Inc. v. Sanofi (May 18, 2023) Did Amgen’s patents describe their invention sufficiently?

Amgen Inc. v. Sanofi (May 18, 2023) Majority Opinion

 

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Ohio Adjutant General’s Dept. v. FLRA (May 18, 2023) Regulating the labor practices of state militias.

Does the Civil Service Reform Act of 1978 empower the Federal Labor Relations Authority to regulate the labor practices of state militias?

Audio of the opinion of the Supreme Court in Ohio Adjutant General's Dept. v. FLRA (2023)

 

Gonzalez v. Google, Inc. (May 18, 2023) Are internet platforms’ targeted recommendations immunized by the Communications Decency Act?

Does Section 230(c)(1) of the Communications Decency Act immunize interactive computer services when they make targeted recommendations of information provided by another information content provider?

Audio of Gonzalez v. Google, Inc. (May 18, 2023)

Part 2: Twitter, Inc. v. Taamneh (May 18, 2023) Are internet platforms helping terrorists by not preventing their content?

Twitter, Inc. v. Taamneh (May 18, 2023) Unanimous opinion of the Supreme Court.

Part 1: Twitter, Inc. v. Taamneh (May 18, 2023) Are internet platforms helping terrorists by not preventing their content?

Twitter, Inc. v. Taamneh (May 18, 2023) Unanimous opinion of the Supreme Court.

 

 

Polselli v. IRS (May 18, 2023) Can the IRS summons anyone’s records if it might help collect from a delinquent taxpayer?

Polselli v. IRS (May 18, 2023) unanimous opinion of the Supreme Court.

Santos-Zacaria v. Garland (May 11, 2023) (Board of Immigration Appeals, §1252 Exhaustion Requirement)

Audio of the opinion of the Supreme Court in Santos-Zacaria v. Garland (May 11, 2023)

 

Part 2: Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith (May 18, 2023) (Copyright Infringement, Fair Use Defense, Transformative Works)

What is the proper test is for determining whether a work is “transformative” under the first factor of the Copyright Act’s fair use doctrine?

Audio of the opinion of the Supreme Court in Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith(May 18, 2023)

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Part 1: Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith (May 18, 2023) (Copyright Infringement, Fair Use Defense, Transformative Works)

What is the proper test is for determining whether a work is “transformative” under the first factor of the Copyright Act’s fair use doctrine?

Audio of the opinion of the Supreme Court in Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith (May 18, 2023)

 

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Part 2: National Pork Producer’s Council v. Ross (May 2023) (Dormant Commerce Clause, Interstate Commerce, CA Proposition 12)

Does a California law requiring pork sold in-state to come from animals raised with certain confinement standards violate the "dormant" Commerce Clause of the Constitution?

Audio of the majority opinion of the Supreme Court in National Pork Producer's Council v. Ross (May 2023)

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National Pork Producer’s Council v. Ross (May 2023) (Dormant Commerce Clause, Interstate Commerce, CA Proposition 12)

Does a California law requiring pork sold in-state to come from animals raised with certain confinement standards violate the "dormant" Commerce Clause of the Constitution?

Audio of the majority opinion of the Supreme Court in National Pork Producer's Council v. Ross (May 2023)

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