On July 6, 2020, the U.S. Supreme Court decided Chiafalo v. Washington, No. 19-465, holding that states may penalize “faithless electors" who break their pledge to vote for their party’s presidential nominee.
For every...more
7/8/2020
/ Appointed Electors ,
Article II ,
Chiafalo v Washington ,
Colorado Department of State v Baca ,
Constitutional Challenges ,
Electoral College ,
Faithless Electors ,
Fines ,
Pledges ,
Political Parties ,
Presidential Elections ,
SCOTUS ,
State Electors ,
Twelfth Amendment ,
WA Supreme Court
On June 1, 2020, the U.S. Supreme Court decided Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, holding that the Appointments Clause of the Constitution does not restrict the appointment...more
6/2/2020
/ Appeals ,
Appointments Clause ,
Aurelius Investment LLC v Puerto Rico ,
Board Members ,
Chapter 9 ,
Constitutional Challenges ,
Creditors ,
De Facto Officer Doctrine ,
Motion to Dismiss ,
Municipal Bankruptcy ,
Puerto Rico ,
Reversal ,
SCOTUS ,
Senate Confirmation Hearings ,
State and Local Government
On June 20, 2019, the U.S. Supreme Court decided American Legion v. American Humanist Ass’n, holding that longstanding public memorials with historical importance that also have religious associations are entitled to a strong...more
6/21/2019
/ Constitutional Challenges ,
Establishment Clause ,
First Amendment ,
Historical Landmarks ,
National Monuments ,
Religious Displays ,
SCOTUS ,
The American Legion v American Humanist Association ,
The Lemon Test ,
Veterans ,
War Memorials
On June 20, 2019, the United States Supreme Court decided McDonough v. Smith, No. 18-485, holding that the statute of limitations for a fabricated-evidence claim under 42 U.S.C. §1983 begins to run when the criminal...more
6/21/2019
/ 42 U.S.C. §1983 ,
Acquittals ,
Appeals ,
Cause of Action Accrual ,
Common Law Claims ,
Constitutional Challenges ,
Criminal Prosecution ,
False Evidence ,
Loss of Liberty ,
Malicious Prosecution ,
McDonough v Smith ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Statute of Limitations ,
Time-Barred Claims
On June 20, 2019, the Supreme Court of the United States decided Gundy v. United States, No. 17-6086, holding that Congress’s delegation of authority to the Attorney General to specify offenders to whom the registration...more
6/21/2019
/ Administrative Authority ,
Attorney General ,
Congressional Intent ,
Constitutional Challenges ,
Gundy v United States ,
Limited Authority ,
Non-Delegation Doctrine ,
Registration Requirement ,
Retroactive Application ,
SCOTUS ,
Sex Offender Registration and Notification Act (SORNA) ,
Sex Offender Registry
On June 17, 2019, the Supreme Court of the United States decided Virginia House of Delegates v. Bethune-Hill, No. 18-281, holding that the Virginia House of Delegates and its speaker lacked standing to appeal an order...more
6/18/2019
/ Appeals ,
Constitutional Challenges ,
Dismissals ,
Equal Protection ,
Fourteenth Amendment ,
Gerrymandering ,
House of Delegates ,
Injury-in-Fact ,
Intervenors ,
Racial Gerrymandering ,
Redistricting ,
SCOTUS ,
Standing ,
State Attorneys General ,
State Legislatures ,
Virginia House of Delegates v Bethune-Hill
On May 13, 2019, the Supreme Court decided Franchise Tax Board of California v. Hyatt, No. 17-1299, holding that a private party may not sue a non-consenting state in another state’s courts.
In Nevada v. Hall, 440 U.S. 410...more
5/14/2019
/ Article III ,
Constitutional Challenges ,
Franchise Tax Board of California v Hyatt ,
Judgment Creditors ,
Jury Verdicts ,
NV Supreme Court ,
Precedential Opinion ,
Reversal ,
SCOTUS ,
Sovereign Immunity ,
Stare Decisis ,
States Rights ,
Without Consent
On June 14, 2018, the Supreme Court of the United States decided Minnesota Voters Alliance v. Mansky, No. 16-1435, holding that Minnesota’s ban on the wearing of political apparel in the polling place violates the Free Speech...more
6/15/2018
/ Appeals ,
Constitutional Challenges ,
First Amendment ,
Free Speech ,
Minnesota Voters Alliance v Mansky ,
Non-Public Forum ,
Political Apparel Ban ,
Polling Place ,
Reversal ,
SCOTUS ,
Viewpoint Discrimination
On April 17, 2018, the Supreme Court decided Sessions v. Dimaya, No. 15-1498, holding in a 5-4 decision that the Immigration and Nationality Act’s definition of “crime of violence” is void for vagueness.
The Immigration and...more
4/18/2018
/ Aggravated Felony ,
Appeals ,
Constitutional Challenges ,
Criminal Convictions ,
Deportation ,
Fair-Notice Standard ,
Immigration and Nationality Act ,
Residual Clause ,
SCOTUS ,
Sessions v Dimaya ,
Vagueness ,
Violent Felonies ,
Void and Unenforceable