Supreme Court Decision Syllabus (SCOTUS Podcast)
Following what the Supreme Court is actually doing can be daunting. Reporting on the subject is often only done within the context of political narratives of the day -- and following the Court's decisions and reading every new case can be a non-starter. The purpose of this Podcast is to make it as easy as possible for members of the public to source information about what is happening at the Supreme Court. For that reason, we read every Opinion Syllabus without any commentary whatsoever. Further, there are no advertisements or sponsors. We call it "information sourcing," and we hope that the podcast is a useful resource for members of the public who want to understand the legal issues of the day, prospective law students who want to get to know legal language and understand good legal writing, and attorneys who can use the podcast to be better advocates for their clients.
*Note this podcast is for informational and educational purposes only.
Episodes
558 episodes
T. M. v. University of Md. Medical System Corporation (RookerFeldman Doctrine)
We speak today to say...nothing has changed...
Hunter v. United States (Criminal law appeal waiver enforceability)
Because a criminal law appeal waiver must be both knowingly and voluntary a waiver of ineffective assistance of counsel is not really possible.
United States v. Hemani (Second Amendment)
The Supreme Court held that the government's prosecution of Ali Hemani under 18 U.S.C. §922(g)(3)'s prohibition on firearm possession by unlawful users of controlled substances violated the Second Amendment as applied to him. Justice Gorsuch, w...
FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. (Implied Rights of Action)
In a 6–3 decision, the Supreme Court held that Section 47(b) of the Investment Company Act does not create an implied private right of action allowing investors or other private parties to sue for rescission of contracts that allegedly violate ...
Keathley v. Buddy Ayers Construction, Inc. (judicial estoppel
In a unanimous opinion by Justice Jackson, the Supreme Court vacated a Fifth Circuit decision that had barred Thomas Keathley’s personal-injury lawsuit under the doctrine of judicial estoppel after he failed to disclose the claim during his ong...
Abouammo v. United States (venue)
In a unanimous opinion by Justice Kagan, the Supreme Court held that a prosecution for falsifying a document in violation of 18 U.S.C. §1519 must be brought in the district where the falsification occurred, not where the federal investigation t...
Hikma Pharmaceuticals USA, Inc. v. Amarin Pharma Inc. (Patent infringement)
In a unanimous opinion by Justice Jackson, the Supreme Court held that Amarin failed to plausibly allege that Hikma actively induced infringement of Amarin’s patented cardiovascular-use methods for Vascepa. Although Hikma marketed a generic ver...
FCC v. AT&T (Seventh Amendment)
The Supreme Court held that the FCC’s procedure for assessing monetary forfeitures against regulated entities does not violate the Seventh Amendment because the agency’s forfeiture orders do not themselves impose a legally enforceable obligatio...
SRIPETCH v. SEC (Disgorgement)
A showing of pecuniary loss to investors is not required before the SEC may obtain a disgorgement award.
Allen v. Milligan (Voting Rights)
In a brief per curiam order, the Supreme Court stayed a federal district court injunction that would have prevented Alabama from using its 2023 congressional map in the 2026 elections. The Court held that Alabama was likely to succeed on appeal...
Rutherford v. United States (Compassionate Relief)
Held: When Congress declines to make a sentencing amendment retroactive—as with the change to §924(c)—the resulting sentencing disparity cannot serve as an “extraordinary and compelling” reason that warrants a sentence reduction under 18 U. S. ...
Whitton v. Dixon (Habeas Corpus)
If anyone thinks I am pronouncing Giglio incorrectly, please see: https://documents.law.yale.edu/pronouncing-dictionaryIn a brief per curiam opinion, the Supreme Court vacated an Eleventh Circuit decision denying federal ha...
FERNANDEZ v. UNITED STATES (Compassionate relief v Habeas)
Held: A prisoner who collaterally attacks the validity of his conviction must proceed through 28 U. S. C. §2255, not 18 U. S. C. §3582; the supposed invalidity of a conviction is not among the “extraordinary and compelling reasons” that justify...
Pitchford v. Cain (Batson claim)
In a 5–4 decision, the Supreme Court held that the Mississippi Supreme Court unreasonably rejected death-row inmate Terry Pitchford’s claim under Batson v. Kentucky that prosecutors improperly excluded Black jurors during his capital murder tri...
Margolin v. National Assoc. of Immigration Judges (party presentation)
The Supreme Court in Margolin v. National Association of Immigration Judges reversed the Fourth Circuit for violating the principle of party presentation. The National Association of Immigration Judges (NAIJ) challenged a policy about ...
M & K Employee Solutions, Inc. v. Trustees of IAM Nat. Pension
Actuaries should probably use the best/most recent predictions about future stuff, and we should not try to tell them not to.Also lets keep track of how many times The Court says: "Stuff that's not in here is not in here for a reason, B...
HAVANA DOCKS CORP. v. ROYAL CARIBBEAN CRUISES
Held: The cruise lines’ use of the docks is sufficient to establish that they used “property which was confiscated by the Cuban Government”; Ha vana Docks is not required to establish that the cruise lines trafficked in Havana Dock’s prop...
MONTGOMERY v. CARIBE TRANSPORT II, LLC
A claim that one company negligently hired another to transport goods is not preempted by the FAAAA because States retain authority
JULES v. ANDRE BALAZS PROPERTIES (ARBITRATION, CIVIL PROCEDURE, FEDERAL COURT JURISDICTION)
A federal court that has previously stayed claims in a pending ac tion under §3 of the FAA has jurisdiction to confirm or vacate a result ing arbitral award on those claims as prescribed in §9 and §10 of the FAA; nothing in the FAA preclu...
FIRST CHOICE WOMEN’S RESOURCE CENTERS v. DAVENPORT, A.G. OF NEW JERSEY (1A and donor records)
First Choice has established a present injury to its First Amend ment associational rights sufficient to confer Article III standing.
Louisiana v. Callais (§2 of the Voting Rights Act)
In Louisiana v. Callais, the Supreme Court held that Louisiana’s congressional map (SB8), which created an additional majority-Black district, was an unconstitutional racial gerrymander because race predominated in its design without a s...
ENBRIDGE ENERGY, LP v. NESSEL
Because §1446(b)(1)’s text, structure, and context are inconsistent with equitable tolling, Enbridge’s removal was untimely. Pp. 5–14. (a) The fact that the 30-day removal deadline in §1446(b)(1) is non jurisdictional does not automatical...
DISTRICT OF COLUMBIA v. R.W. (PROBABLE CAUSE TO STOP/TERRY STOP/VEHICLE)
Totality of the Circumstances is required in considering Probable Cause for a temporary stop. Probable Cause being defined as: "Articulable reasonable suspicion for the officers belief that 'criminal activity is afoot.'"
Hencely v. Fluor Corp (Wartime contractor immunity)
A U.S. Army specialist injured while stopping a Taliban suicide bomber at a base in Afghanistan sued military contractor Fluor Corporation for negligence after the attacker—an Afghan hired under the military’s “Afghan First” program—was alleged...