Supreme Court Review 2013/2014 TERM
FRIDAY, APRIL 18, 2014

TODAY AT THE COURT

The Court has granted review to one new case. Last week the Court heard three cases in oral arguments, issued two opinions and granted review to one new case.

Agrees to Hear - Evidence of Jurisdiction in Removal

Dart Cherokee Basin v. Owens - Whether a defendant seeking removal to federal court is required to include evidence supporting federal jurisdiction in the notice of removal, or is alleging the required “short and plain statement of the grounds for removal” enough?

Decided - Individual Political Contribution Limits

McCutcheon v. Federal Election Commission - The judgment is reversed, and the case is remanded. (5-4) (Plurality Opinion).

Decided - Preemption under Airline Deregulation Act

Northwest, Inc. v. Ginsberg - he ADA pre-empts a state-law claim for breach of the implied covenant of good faith and fair dealing if it seeks to enlarge the contractual obligations that the parties voluntarily adopt. Because respondent’s implied covenant claim seeks to enlarge his contractual agreement with petitioners, it is pre-empted by §41713(b)(1). (9-0) (ALITO, J.)

Oral Argument - Patentability of Computer-Implemented Inventions

Alice Corporation Pty. Ltd. v. CLS Bank International - Whether claims to computer-implemented inventions are patent-eligible within the meaning of 35 U.S.C. § 101 when but for their computer-implementation they would be considered unpatentable abstract ideas?

Oral Argument - Bank Fraud

Loughrin v. United States - Whether the district court correctly instructed the jury that it could convict petitioner of bank fraud under 18 U.S.C. 1344(2) if he “acted with intent to defraud” and knowingly executed a scheme to obtain money or property from a financial institution by means of false or fraudulent representations, but did not specify that the defendant must have intended to defraud the financial institution.

Oral Argument - ERISA

Fifth Third Bancorp v. Dudenhoeffer - Whether the Sixth Circuit erred by holding that Respondents were not required to plausibly allege in their complaint that the fiduciaries of an employee stock ownership plan (“ESOP”) abused their discretion by remaining invested in employer stock, in order to overcome the presumption that their decision to invest in employer stock was reasonable, as required by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1101, et seq. (“ERISA”), and every other circuit to address the issue.

Agrees to Hear - Standard of Review of Patent Term

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. - Whether a district court’s factual finding in support of its construction of a patent claim term may be reviewed de novo, as the Federal Circuit requires (and as the panel explicitly did in this case), or only for clear error, as Rule 52(a) requires.

RECENT MEDIA COVERAGE

RECENT DECISIONS

SUPREME PODCAST PLAYER

Special Episode - Software Patents - Oral Arguments in Alice Corp. v. CLS Bank April 17, 2014

Special Episode - Software Patents - Oral Arguments in Alice Corp. v. CLS Bank (04/17/2014):

In this episode we review the oral arguments in Alice Corp. v. CLS Bank Int’l, a case that has the potential to redefine the patentability of computer-implemented inventions.

Special Episode - Campaign Finance - This Week's Decision in McCutcheon v. FEC (04/05/2014):

This week the Court issued one of its most anticipated opinions of the term in a controversial campaign finance case. The Court decided whether limits on the total amount of money an individual is permitted to spend in an election cycle on donations to candidates, parties and political action committees is constitutional. We review the details of the Court's decision.

This Week at the United States Supreme Court (03/29/2014):

Should for-profit corporations be able to tailor their employees health insurance coverage to the religious beliefs of the corporation's owners? Are secret service agents personally liable if they move a group of protestors solely based on the viewpoints the protestors are expressing even if the move can also be explained using a security based rationale?

This Week at the United States Supreme Court (03/08/2014):

Is the Florida scheme for preventing the execution of the mentally retarded under-inclusive and a violation of the 8th Amendment's ban on cruel and unusual punishment? Is an Arkansas prison beard growing policy necessary for security purposes or a violation of a federal law protecting religious freedoms?

This Week at the United States Supreme Court (03/01/2014):

Does the EPA have the power to regulate greenhouse gases emitted by stationary sources, such as power plants, under the Clean Air Act when doing so would require the EPA to substantively alter a statute to do so? Can police after arresting a person who voiced an objection to a search of his home, return an hour later and search his home based on the consent of his live-in girlfriend? May police search a cell phone instant to a lawful arrest or must they obtain a warrant first? Does military jurisdiction for the purposes of a federal trespass statute extend to a protest area on a public roadway easement that runs through a military installation?

Special Episode - Recent Patent Law Decisions (02/20/2014):

On this episode we consider the Supreme Court's newfound interest in Patent Law and its battle to correct several misinterpretations of prior Supreme Court precedent by the Federal Circuit. We also update you on the most recent Patent Law cases before the Court.

This Week at the United States Supreme Court (01/18/2014):

How broadly may the President interpret his Recess Appointments Power in light of the intransigence of the Senate in confirming his appointees, leading at least one federal agency to become ineffectual? May a company give internet users the ability to stream, record and playback broadcast television programs currently airing without violating the copyrights in those programs? May a person who seeks to have a quiet, non-confrontational conversation with someone outside an abortion clinic be subject to a law that creates a buffer zone around abortion clinics? We discuss these issues and more.

Contraceptive Coverage Mandate: Little Sisters of the Poor (01/11/2014):

Non-profit religious groups argue that having to sign a form, which excepts them from the contraceptive coverage mandate, is itself an unconstitutional intrusion on their religious beliefs because in signing the form they are deputizing a third party to provide the very coverage they oppose. Justice Sotomayor considers their arguments.

Court Halts Gay Marriage in Utah - Learn More (01/06/2014):

The Court has decided to stay a Utah federal court decision striking down the state's ban on gay marriage. Learn more about the decision.

EPA v. EME Homer City - Cross State Air Pollution (12/14/2013):

Whether an upwind state that is polluting a downwind state is free of any obligations under the Good Neighbor provision unless and until the EPA has quantified the upwind state’s contribution to downwind state’s air pollution.

This Week at the United States Supreme Court (12/07/2013):

Can corporations assert religious freedom rights to challenge a provision of the Affordable Care Act that requires corporations of a certain size to provide healthcare coverage for contraceptives? Is Florida's scheme for identifying whether the mentally retarded may be put to death so broad as to constitute a violation of the Eighth Amendment's ban on cruel and unusual punishments? Was there an adequate security-based rationale for moving a group of anti-Bush protestors farther away from President Bush while he was dining on an outdoor patio in 2004 than a pro-Bush group, and if not, are two Secret Service agents who moved the anti-Bush group liable for a claim of constitutionally barred viewpoint discrimination or are they entitled to qualified immunity? May the commander of a California air force base ban an individual from traveling on a public roadway that runs through the base?

This Week at the United States Supreme Court (11/16/2013):

When a person makes clear to police that they do not want their house searched and a short time later is taken into custody, may the police conduct a warrantless search of the house based on the consent of a co-tenant? Under the federal labor anti-bribery statute, is it illegal for a union to agree not to picket an employer in exchange for the employer's agreement that it will allow union representatives on-the-job access to its employees and will remain neutral as to the subject of unionization?

This Week at the United States Supreme Court (11/09/2013):

May a town legislature open every legislative session with a clergy-led prayer given by a prayer-giver that the Town has designated as their “chaplain of the month?” Should steelworkers be compensated under the Fair Labor Standards Act for the time it takes them to put on and take off protective gear at the beginning and end of their shift?

This Week at the United States Supreme Court (10/19/2013):

Does a state constitutional amendment which prohibits affirmative action programs at state colleges and universities violate the Equal Protection Clause? May the EPA condition the granting of permits for power plants and industrial factories on adherence to EPA guidelines regarding greenhouse gas emissions, under the theory that the EPA has the authority to engage in a similar regulatory scheme with regard to motor vehicles? Does a person violates federal firearm sales laws when he buys a gun with the intention of selling it to someone else even when the person he intends to sell it to is someone who could have lawfully purchased the gun themselves.

This Week at the United States Supreme Court (10/12/2013):

Are aggregate limits on the amount an individual may spend on contributions to political candidates and their parties in a federal election cycle constitutional?

Special Episode - Cell Phone Searches Incident to Arrest (09/29/2013):

On this episode we consider two cases seeking Supreme Court review this term that ask the Court to decide for the first time whether cell phone searches incident to a lawful arrest are constitutional or instead require a warrant.

Year In Review (07/04/2013):

On this week's show we review the most controversial decisions of the term and the media analysis and reaction to a historic term at the United States Supreme Court.

Decision - Gay Marriage Cases - Windsor & Perry (06/28/2013):

May the federal government define marriage for the purposes of federal law? Do the proponents of Proposition 8, banning gay marriage in California, have standing after the iniative became law to challenge its subsequent invalidation by a federal court?

Decision - Affirmative Action - Fisher v. University of Texas at Austin (06/27/2013):

Whether this Court's decisions interpreting the Equal Protection Clause of the Fourteenth Amendment, including Grutter v. Bollinger, permit the University of Texas at Austin's use of race in undergraduate admissions decisions.

Decision - Voting Rights Act - Shelby County v. Holder (06/26/2013):

Did Congress exceed its authority under the Fourteenth and Fifteenth Amendments when in 2006 it reauthorized Section 5 of the Voting Rights Act under the pre-existing coverage formula of Section 4(b) of the Voting Rights Act?

Decision - Indian Child Welfare Act - Adoptive Couple v. Baby Girl (06/25/2013):

Whether the Indian Child Welfare Act requires an adoptive couple to relinquish their parental rights to a child that is less than 1% Cherokee in favor of the biological father who had previously relinquished his parental rights.

Decision - Hostile Work Environment - Vance v. Ball State Univ. (06/24/2013):

Who constitutes a supervisor for the purposes of workplace harassment vicarious liability?

This Week at the United States Supreme Court (06/22/2013):

May a township redevelop its one low-income, minority neighborhood to make way for upscale housing without facing a disparate impact claim under the Fair Housing Act? Is a class action arbitration waiver clause in a commercial contract enforceable when the cost of arbitrating individually far exceeds any potential recovery, effectively insulating the protected party from liability? Is the First Amendment violated by a condition on federal funding to fight AIDS and other diseases that requires any organization accepting funds to have a policy explicitly opposing prostitution and sex trafficking?

Decision - Right to Remain Silent - Salinas v. Texas (06/21/2013):

May a defendant's silence during non-custodial police interrogation be used against him at a subsequent trial?

Decision - Voter ID - Arizona v. Inter Tribal Council of Ariz., Inc. (06/20/2013):

May Arizona additionally require evidence-of-citizenship when processing federal voter registration forms?

This Week at the United States Supreme Court (06/15/2013):

Are human genes patentable?

This Week at the United States Supreme Court (06/08/2013):

Does the Fourth Amendment permit police to take a DNA swab from all individuals arrested for serious offenses prior to conviction? Does 18 U.S.C. 1382, which prohibits a person from reentering a military installation after a commanding officer has ordered him not to reenter, apply to a public road that runs through a portion of the military installation?

This Week at the United States Supreme Court (05/25/2013):

Is it a violation of the First Amendment's Establishment Clause to open Town Board meetings with religious prayers from private citizen volunteers? May police accept the consent of a co-tenant after another co-tenant has refused to permit a warrantless search of their home? Are federal agencies entitled to deference when they interpret ambiguous statutes concerning the scope of their regulatory authority?

This Week at the United States Supreme Court (05/18/2013):

Can a company who makes genetically modified seeds limit the way farmer may use those seeds after they are purchased? What does the term "defalcation" mean in the Bankruptcy Code? Are indigent defendants who appeal their cases pursuant to the federal in forma pauperis statute permitted to amend their complaints, an allowance granted to most other litigants?

Notable April Opinions (05/04/2013):

On this episode we review four notable opinions issued by the Court last month.

End of Oral Arguments This Term and Fisher v. University of Texas (04/27/2013):

On this episode we reflect on the oral arguments this term and listen to the unabridged oral arguments in one of the more controversial and entertaining oral arguments of the term, Fisher v. University of Texas at Austin.

This Week at the United States Supreme Court (04/20/2013):

We review four cases heard in oral arguments this week. Are human genes patentable? Should a federal law that favors American Indian tribes and parents be applied to take a adoptive child from a non-Indian family to return her to a father that washed his hands of her years before? Does the Congress have the power to require a former member of the military to register as a sex offender years after he served his sentence and after leaving the military? Is a person's silence in response to police questioning prior to arrest and the giving of Miranda rights admissible as evidence against him in a subsequent trial when the defendant does not testify?

This Week at the United States Supreme Court (03/30/2013):

May the police bring a drug sniffing dog to the front door of your home to sniff around? May a state’s constitution ban affirmative action programs in the state?

Live from the Supreme Court - Oral arguments in the Gay Marriage Cases (United States v. Windsor) (03/27/2013):

Listen to the full oral arguments in the Defense of Marriage Act (DOMA) case heard by the Court today. This week Supreme Podcast reports live from the Supreme Court.

Live from the Supreme Court - Oral arguments in the Gay Marriage Cases (Hollingsworth v. Perry) (03/26/2013):

Listen to the full oral arguments in the California same sex marriage case heard by the Court today. This week Supreme Podcast reports live from the Supreme Court.

This Week at the United States Supreme Court (03/23/2013):

Does the U.S. Forest Service have to consider the effect of its forest thinning policies in the Sierra Nevada mountain range on fish species in nearby waters? Does federal election law preempt an Arizona law that requires the rejection of federal voter registration forms that are not supplemented by documents proving citizenship? May a student at USC have his family in Thailand send him new textbooks sold oversees for resale in the United States for a profit without violating US Copyright law? We discuss all these cases before the Supreme Court this week and more.

Special Episode - The Gay Marriage Cases (03/16/2013):

On this special episode we consider each of the questions presented in the upcoming gay marriage cases scheduled to be heard by the Supreme Court on March 26th and March 27th. We also review some of the more interesting amicus curiae briefs filed in the two cases.

This Week at the United States Supreme Court (03/02/2013):

Absent a warrant or probable cause should police be permitted to take a cheek-swap DNA sample from an individual under arrest for a serious crime in order to check the sample against those in cold case files or must police wait until the arrestee has been convicted? Do American citizens who have reason to believe their communications with foreigners are being intercepted by the US Government under the Foreign Intelligence Surveillance Act have standing to challenge the program even though they have no way of knowing whether they are actually subject to surveillance or not?

Special Episode - Oral Arguments Voting Rights Act (03/01/2013):

Hear the entire oral arguments in one of the most controversial cases of the year. Should a core section of one of the country's most successful laws be struck down on the grounds that it is an overreach of federal power and is based on a factual determination made over 47 years ago?

This Week at the United States Supreme Court (02/23/2013):

Do farmers infringe patents held in genetically modified seeds when they plant those seeds without authorization from the patent holder? Does an alert by a trained narcotics detection dog provide police with probable cause to search a vehicle? Are aggregate limits on individual political contributions constitutional? We discuss these issues and more...

Special Episode - Affirmative Action (02/17/2013):

In this special episode, we discuss the constitutional implications and history of Affirmative Action and the Supreme Court's newest affirmative action case, Fisher v. University of Texas at Austin.

This Week at the United States Supreme Court (01/25/2013):

Can a federal law implementing a chemical weapons treaty be applied to an ordinary poisoning case, wherein a microbiologist in Pennsylvania attempted to poison a woman who had an affair with her husband? May the Supreme Court of Michigan abolish the diminished capacity defense in criminal trials in a case involving the retrial of a defendant who's original defense was the defense being abolished? Does the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) prohibit private class actions based on state law regarding a scheme of fraudulent certificates of deposit, ordinarily not covered by federal securities laws, where they are in part backed by covered securities?

This Week at the United States Supreme Court (01/18/2013):

Is a floating home without an engine and a self-generating power source considered a "vessel" for purposes of federal maritime jurisdiction? Should a seven year delay in bringing an indigent capital defendant to trial, due to the lack of Louisiana state funds (post-Katrina) to pay for attorneys to defend him, constitute a violation of the Sixth Amendment's Speedy Trial Clause?

This Week at the United States Supreme Court (01/12/2013):

Does the Constitution require a warrant before police may subject a suspected drunk driver to a blood test even if some evidence is lost while the warrant is obtained due to the natural dissipation of alcohol in the bloodstream? Does federal law provide a state prisoner the right to suspend their federal habeas proceedings when they are adjudged incompetent? When Los Angeles diverted water to a monitoring station that identified pollutants in a navigable waterway did it subject itself to liability under the Clean Water Act?

Special Episode - Gun Regulation (01/06/2013):

In this special episode, we discuss the constitutional implications of gun regulation and the history and jurisprudence of the Second Amendment.

Special Episode - Romer v. Evans (01/01/2013):

The central precedent cited in the upcoming gay marriage case concerning California's Proposition 8 is Romer v. Evans (1996). We present a summary of the case, consider the parallels between it and the upcoming gay marriage cases and present the full oral argument audio. You will hear the justices struggle with the question of whether a state constitutional amendment may be enacted for the purpose of taking away rights from a particular group of individuals (homosexuals). And you will hear the positions of both sides of the case.

Special Episode - 4th Amendment Privacy (12/24/2012):

Happy Holidays! On this episode we discuss one of the most closely guarded American values - personal privacy. We consider the major cases that establish the outer boundaries of police conduct infringing upon personal privacy and prepare you for the upcoming decision in Florida v. Jardines, a case about whether police may bring drug detection dogs to sniff at your front door without a warrant. This episode contains explicit language at the very beginning of the episode, but is clean after the 20 second mark.

The Gay Marriage Cases: A Primer (12/15/2012):

We discuss two cases granted review concerning the constitutionality of two anti-gay marriage laws. The cases are United States v. Windsor, which challenges a federal law - the Defense of Marriage Act (DOMA) and Hollingsworth v. Perry, which challenges an amendment to the California State Constitution, enacted by Proposition 8, a ballot initiative.

This Week at the United States Supreme Court (12/08/2012):

When the ex-wife of a US soldier wins an order in a US District Court under a treaty to take their child back to her home country of Scotland, may the father appeal the order or is the case automatically mooted because the child is no longer within the court's jurisdiction? When the government releases water from a dam causing temporary flooding and damage to land downstream does it constitute a taking requiring just compensation? Did the Supreme Court err in refusing to grant an appeal by a convicted murder sentenced to death who suffered a "most severe and unimaginable level of physical and mental abuse" as a child" - Justice Sotomayor thinks so. Is LA County liable under the Clean Water Act for polluting a river by maintaining dirty storm water sewer systems or is it saved by the construction of a single word in the act?

Special Episode - Are Human Genes Patentable? (12/07/2012):

How should those who discover new processes of identifying and isolating human genes be rewarded for their work without hindering further research and a patient's ability to get a second opinion? We consider the case law and the morality of one of the most interesting questions the Supreme Court will be confronting this term.

This Week at the United States Supreme Court (11/30/2012):

Can employers be held vicariously liable for harassment by employees they empower to oversee a victim's work but not with the power to take formal employment actions against the victim? May states abolish the insanity defense? Does Obamacare violate the rights of religious institutions by creating the risk that their money might be spent by beneficiaries to procure care violate of the religious beliefs of the institutions?

This Week at the United States Supreme Court (11/16/2012):

Does the Constitution permit the state to collect DNA samples from persons arrested for serious crimes without a warrant? Is Section 5 of the Voting Rights Act of 1965, which singles out states identified in 1964 as discriminating against eligible voters for special treatment, still a valid exercise of constitutional powers 47 years later? When sentencing courts consider sentencing guidelines in effect at the time of sentencing that suggest a higher sentence than would have been recommended at the time of the underlying offense, do they run afoul of the constitutional prohibition against Ex Post Facto laws?

This Week at the United States Supreme Court (11/09/2012):

Are you still entitled to attorney's fees under a fee shifting statute if you lose on your monetary damages claim but prevail on your request for a permanent injunction? When seeking certification of a shareholder class action based on the fraud-on-the-market theory are you required to prove that the purported misrepresentations that caused you and your class to buy at an inflated price were material or is materiality a merits issue not relevant at the certification stage?

This Week at the United States Supreme Court (11/03/2012):

Can police bring a dog to your front door to smell for narcotics without probable cause? Does the first-sale doctrine apply to goods acquired abroad? Do law abiding U.S. citizens and residents have standing to challenge the possible interception of their international communications authorized under the Foreign Intelligence Surveillance Act? How should the IRS determine whether you should receive a credit for the payment of a foreign tax? Should a habeas petitioner with a credible claim of actual innocence who missed their filing deadline have to separately prove an extraordinary circumstance for the delay?

Justice Thomas: A Comprehensive Retrospective (10/27/2012):

We trace the rise of one of the more unique justices to serve on the Court. From a childhood that began in a shanty with no bathroom and a single light bulb to a successful career in Washington, DC, the life of Justice Thomas is riveting at nearly every turn. He is the current Court's only southerner and only black justice and he has developed a unique jurisprudence that many scholars believe has persuaded many of his colleagues to alter their approach.

This Week at the United States Supreme Court (10/17/2012):

Is an Arizona voter ID law preempted by federal law?

This Week at the United States Supreme Court (10/12/2012):

What constitutes a critical mass of underrepresented minority students at higher education institutions and once achieved must such institutions discontinue their affirmative action programs? Does federal law require the deportation of a 24-year permanent legal resident for possessing 1.3 grams of marijuana (equivalent to the weight a half of a single penny)? May a state deny citizens of other states access to public records that it permits its own citizens to access?

This Week at the United States Supreme Court (10/06/2012):

May citizens of a foreign country living in the United States sue a foreign corporation doing business in the United States under the Alien Tort Statute for atrocities perpetrated against them by the corporation in their country of origin? May the police forcibly draw blood from a suspected drunk driver without a warrant? Is a houseboat a "vessel" for purposes of federal maritime jurisdiction?

Introduction to the 2012-2013 Term (09/28/2012):

As the Court prepares for the start of the 2012-2013 term on Monday, we prepare you for some of the more interesting issues the Court is expected to confront this term.

Special Episode - Campaign Finance Law (02/16/2012):

The First Amendment ensures that all who speak, popular and unpopular alike, are protected, and that the solution to any unfavored speech is more speech not less. The utility of that First Amendment ethos, however, has long been called into question when the corrupting influence of corporate and union money in elections is at issue. In this episode, we explore the history of campaign finance law in the United States and the landmark Supreme Court cases that have defined the outer boundaries of legislative powers in this area.

This Week at the United States Supreme Court (11/30/-0001):

When a person makes clear to police that they do not want their house searched and a short time later is taken into custody, may the police conduct a warrantless search of the house based on the consent of a co-tenant? Under the federal labor anti-bribery statute, is it illegal for a union to agree not to picket an employer in exchange for the employer's agreement that it will allow union representatives on-the-job access to its employees and will remain neutral as to the subject of unionization?

This Week at the United States Supreme Court (11/30/-0001):

Is Florida's scheme for executing the mentally retarded over-inclusive such that it violates the 8th Amendment's prohibition on cruel and unusual punishment? Is an Arkansas prison beard growing policy necessary for security purposes or a violation of a law protecting religious freedoms?

ORAL ARGUMENT

Alice Corporation Pty. Ltd. v. CLS Bank International

In this episode we review the oral arguments in Alice Corp. v. CLS Bank Int’l, a case that has the potential to redefine the patentability of computer-implemented inventions.

REPORTER: Lora Johns

EXPLORE AND LEARN

Explore The Constitution

WHAT DOES THIS LANGUAGE MEAN?
FREE SPEECH: Congress shall make no law . . . abridging the freedom of speech. (learn more)

Hot Button Issues

WHAT IS THIS LEGAL ISSUE REALLY ABOUT?
CAMPAIGN FINANCE: How far may the government go in regulating campaign financing without intruding upon First Amendment rights to freedom of expression and association? (learn more)

click on issue to learn more

Test Your Knowledge

How Well Do You Know Your Chief Justices?

Click to Quiz

Little Known Facts

Click to Quiz

Personalities on the Bench

Click to Quiz

Women and the Court

Click to Quiz

Education Law

Click to Quiz

CHARTS & STATS

Cases Granted
10/01/2013 - 09/30/2014
49
click to learn more
Cases Argued
10/01/2013 - 06/30/2014
60
click to learn more
Cases Decided
10/01/2013 - 09/30/2014
34
click to learn more

Circuit of Origin Frequency
10/01/2013 - 09/30/2014

click to learn more

Oral Argument Input by Justice
10/01/2013 - 06/30/2014

click to learn more

Top Ten Cases by Amicus Curiae Interest
10/01/2013 - 06/30/2014

click to learn more

DOCKET

RECENT GRANTS OF CERTIORARI

DATE CASE ISSUE CIR.
04-07-14 Dart Cherokee Basin v. Owens Evidence of Jurisdiction in Removal 10th
03-31-14 Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. Standard of Review of Patent Term Fed.
03-24-14 Jennings v. Stephens Certificate of Appealability in Habeas Case 5th
03-10-14 Public Employees’ Retirement v. IndyMac MBS, Inc. Section 13 of the Securities Act 2nd
03-03-14 Holt v. Hobbs Prison Beard Growth Policy 8th
03-03-14 NC Board of Dental Examiners v. FTC Antitrust State-Action Exemption 4th
03-03-14 Warger v. Shauers Juror Testimony Concerning Deliberations 8th
go to archive

RECENT OPINIONS

DATE VOTE CASE ISSUE
04-02-14 5-4 McCutcheon v. Federal Election Commission Individual Political Contribution Limits
04-02-14 9-0 Northwest, Inc. v. Ginsberg Preemption under Airline Deregulation Act
03-26-14 9-0 United States v. Castleman Domestic Violence Crime
03-25-14 9-0 Lexmark International, Inc. v. Static Control Components, Inc. Standing for Lanham Act False Advertising Claim
03-25-14 8-0 United States v. Quality Stores, Inc. Taxability of Severance Payments
03-10-14 8-1 Brandt Revocable Trust v. United States Reversionary Interest in Public Easements
03-05-14 7-2 Rosemond v. United States Aiding and Abetting Firearms
go to archive

RECENT ORAL ARGUMENTS

DATE CASE ISSUE
04-01-14 Loughrin v. United States Bank Fraud
03-31-14 Alice Corporation Pty. Ltd. v. CLS Bank International Patentability of Computer-Implemented Inventions
03-27-14 Wood v. Moss Qualified Immunity for Viewpoint Discrimination
03-25-14 Sebelius v. Hobby Lobby Stores, Inc. Health Coverage of Contraceptives
03-25-14 Conestoga Wood Specialties Corp. v. Sebelius Contraceptive Coverage Mandate
03-24-14 Clark v. Rameker Inherited Individual Retirement Account in Bankruptcy
03-05-14 Halliburton Co. v. Erica P. John Fund, Inc. Securities Fraud Class Certification
go to archive