Supreme Court Briefing

Discussing and breaking down every decision of the United States Supreme Court, along with important historical decisions and occasionally some legal news.
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Supreme Court Briefing




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Jul 18, 2017

Trinity Lutheran v. Comer

Can a state government exclude religious institutions from participating in programs for generally available benefits?

Jul 10, 2017

Henson v. Santander

What is a debt collector?  



Jun 12, 2017

Consideration of the Ninth Circuit’s provocation rule in analyzing claims of excessive force.

Jun 5, 2017

Exhaustion of protection for patents for items sold in the United States and in foreign countries for purposes of establishing patent liability under the United States Patent Act.

Jun 1, 2017

Application of the Federal Arbitration Act to a decision of the Kentucky Supreme court requiring a specific grant of authority in a power of attorney in order for an agent (i.e. the holder of the power of attorney) to bind the principal (i.e. person who signed the power of attorney) to an agreement that disputes will be settled by binding arbitration.  

May 23, 2017

Preemption of state law relating to division of marital assets involving a reduction of a military pension so that the former service member can receive disability pay.

May 9, 2017

Standard for consideration of a motion to dismiss under the Foreign Sovereign Immunities Act.

May 3, 2017

Limitations on the President’s authority to appoint acting officers during a vacancy of officers required to be confirmed by the U.S. Senate.

Apr 26, 2017

Standard for courts to assess whether an individual education plan for a disabled student provides a free appropriate public education.

Apr 5, 2017

Does a commercial regulation prohibiting merchants from imposing a “surcharge” on credit card purchases, while allowing a discount for cash payments, implicate the First Amendment?

Mar 27, 2017

Standard for assessing copyright claims for artistic work when combined with a useful object.

Mar 20, 2017
Standard under the U.S. Constitution Due Process Clause for circumstances when a party requests that a judge be removed from a trial due to possible bias.
Mar 15, 2017
Challenge to electoral districts established by the Virginia legislature which created with the specific goal of having at least 55% African-American voters.
Feb 27, 2017
Application Section §271(f)(1) of the Patent Act, which creates liability for patent infringement when a “substantial portion” of the “components” of an invention protected by a US patent  are made in the US and shipped overseas for assembly.  Can one component be a “substantial portion” of the “components” of an invention.
Feb 21, 2017
The scope of the President’s executive privilege and how courts are to consider presidential claims of privilege.  
Feb 16, 2017
Watershed case discussing the jurisdiction of state courts over out of state corporations.
Feb 1, 2017
Whether lawsuits involving the Federal National Mortgage Association, i.e. Fannie Mae, can be brought in federal court absent another basis of jurisdiction.
Jan 25, 2017
Whether a violation of the “in camera” or sealed case requirement for bringing a claim as a relator under the False Claims Act mandates dismissal.
Jan 17, 2017
Consideration of qualified immunity for a police officer being sued for a civil rights violation when the officer encounters an ongoing scene where other officers are already involved in a confrontation with an armed party.
Jan 13, 2017
Interpretation of the Securities Exchange Act criminal provisions relating to insider trading to a “tippee” who receives information from a “tipper” who does not receive pecuniary gain as a result of the tip.
Dec 19, 2016
Statutory interpretation of the United States bank fraud statute.  Can a person commit bank fraud if they steal a customer’s account by giving the customer’s identification information to the bank and arranging a transfer of the customer’s funds to a financial account controlled by the defendant?
Dec 12, 2016
Calculation of total profits for design patent infringement.  
Dec 5, 2016
Constitutionality of a nativity scene and menorah in separate displays in Pittsburgh, PA.
Nov 28, 2016
Constitutionality of a government sponsored Christmas display featuring a nativity scene.
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