The Court Sidesteps Immigration Federalism Feud, For Now
It won't be long before the Supreme Court get the last word on Texas's aggressive attempt to take immigration enforcement into its own hands.
National Pork Producers Council v. Ross: A Win for Farmed Pigs
Joan E. Schaffner, Kathy Hessler, and Iselin Gambert examine the Supreme Court's decision in National Pork Producers v. Ross and its broader implications on animal welfare laws.
Previews for the 2023 October Term of the Supreme Court
After a consequential two years in which the law of gun rights, substantive due process, religious liberty, and affirmative action, among others, was made anew, the Supreme Court's October 2023 Term features a wide array of cases that will refine the scope of its "history and tradition" approach in the Second Amendment context, contemplate the intersection of social media and the First Amendment, reconsider the foundations of the modern administrative state, and much more.
Schutte & Polansky: Shifting the Landscape of False Claims Act Litigation & Compliance
The Supreme Court made waves in the False Claims Act litigation and compliance world this term, affirming the government's near unfettered dismissal authority and eliminating a key defense in cases involving ambiguous statutes or regulations.
A State Court Trial Judge’s Thoughts on Samia v. United States: Not Entirely Consistent with Crawford v. Washington
Samia promotes judicial economy at the cost of the Sixth Amendment’s right of confrontation.
The Surprising Success of the Alabama Plaintiffs in the Voting Rights Case Allen v. Milligan
In the recent Supreme Court term, the conservative majority on the Court prevailed on a significant number of controversial decisions. In the area of minority voting rights, however, the Court surprised experienced observers by ruling in favor of Alabama minority plaintiffs in a major redistricting case.
How Stalking Became Free Speech: Counterman v. Colorado and the Supreme Court’s Continuing War on Women
The Counterman decision suggests that when it comes to women’s speech and safety, the more intractable problem with the current Supreme Court is not the forces that divide it, but those that unite it.
The Real and the Phantom 303 Creative: Which Is More Dangerous?
Professor Catherine J. Ross emphasizes the majority's narrow holding over the dissent's parade of horribles in response to 303 Creative v. Elenis.
Biden v. Nebraska: The President Cannot Cancel Student Loans
The majority held that the President and Secretary of Education lacked authority to cancel student debts. They could have stopped there. They did not.