Supreme Court Decision Syllabus (scotus)

  • Autor: Vários
  • Narrador: Vários
  • Editora: Podcast
  • Duração: 83:55:26
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Sinopse

Readings of the Supreme Court slip opinion syllabi. With no personal commentary.Decisions of the Supreme Court in mostly non legal language.occasionally reading the full decision for bigger cases.

Episódios

  • Campos-Chavez v. Garland (Immigration)

    21/06/2024 Duração: 07min

    Campos-Chavez v. GarlandTo initiate the removal of an alien from the United States who is either “inadmissible” under 8 U. S. C. §1182 or “deportable” under §1227, the Federal Government must provide the alien with “written notice” of the proceedings. §§1229(a)(1), (2). Two types of “written notice” are described in paragraphs (1) and (2) of §1229(a): Paragraph (1) provides that the alien be given a written “ ‘notice to appear,’ ” or NTA, which must set out, among other things, “[t]he time and place at which the proceedings will be held.” Paragraph (2) states that “in the case of any change or postponement in the time and place of such proceedings,” the agency must provide “a written notice” specifying “the new time or place of the proceedings” and “the consequences” of failing to attend. An alien who fails to attend a hearing despite receiving notice “shall be ordered removed in absentia” if the Government “establishes by clear, unequivocal, and convincing evidence” that “the written notice” was provided and

  • Garland v. Cargill (2nd Amendment)

    21/06/2024 Duração: 10min

     The National Firearms Act of 1934 defines a “machinegun” as “any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.” 26 U. S. C. §5845(b). With a machinegun, a shooter can fire multiple times, or even continuously, by engaging the trigger only once. This capability distinguishes a machinegun from a semiautomatic firearm. With a semiautomatic firearm, the shooter can fire only one time by engaging the trigger. Using a technique called bump firing, shooters can fire semiautomatic firearms at rates approaching those of some machineguns. A shooter who bump fires a rifle uses the firearm’s recoil to help rapidly manipulate the trigger. Although bump firing does not require any additional equipment, a “bump stock” is an accessory designed to make the technique easier. A bump stock does not alter the basic mechanics of bump firing, and the trigger still must be released and reengaged to fire

  • FDA v. Alliance for Hippocratic Medicine (Birth Control)

    18/06/2024 Duração: 11min

    FDA v. Alliance for Hippocratic MedicineIn 2000, the Food and Drug Administration approved a new drug application for mifepristone tablets marketed under the brand name Mifeprex for use in terminating pregnancies up to seven weeks. To help ensure that Mifeprex would be used safely and effectively, FDA placed additional restrictions on the drug’s use and distribution, for example requiring doctors to prescribe or to supervise prescription of Mifeprex, and requiring patients to have three in-person visits with the doctor to receive the drug. In 2016, FDA relaxed some of these restrictions: deeming Mifeprex safe to terminate pregnancies up to 10 weeks; allowing healthcare providers, such as nurse practitioners, to prescribe Mifeprex; and approving a dosing regimen that required just one in-person visit to receive the drug. In 2019, FDA approved an application for generic mifepristone. In 2021, FDA announced that it would no longer enforce the initial in-person visit requirement. Four pro-life medical association

  • Starbucks Corp. v. McKinney (NLRB / Labor)

    18/06/2024 Duração: 06min

      After several Starbucks employees announced plans to unionize, they invited a news crew from a local television station to visit the store after hours to promote their unionizing effort. Starbucks fired multiple employees involved with the media event for violating company policy. The National Labor Relations Board filed an administrative complaint against Starbucks alleging that it had engaged in unfair labor practices. The Board’s regional Director then filed a petition under §10( j) of the National Labor Relations Act seeking a preliminary injunction for the duration of the administrative proceedings that would, among other things, require Starbucks to reinstate the fired employees. The District Court assessed whether the Board was entitled to a preliminary injunction by applying a two-part test that asks whether “there is reasonable cause to believe that unfair labor practices have occurred,” and whether injunctive relief is “just and proper.” McKinney v. Ozburn-Hessey Logistics, LLC, 875 F. 3d 333, 339

  • Vidal v. Elster (First Amendment / Trademark)

    17/06/2024 Duração: 11min

     Drawing on a 2016 Presidential primary debate exchange between thencandidate Donald Trump and Senator Marco Rubio, respondent Steve Elster sought to federally register the trademark “Trump too small” to use on shirts and hats. An examiner from the Patent and Trademark Office refused registration based on the “names clause,” a Lanham Act prohibition on the registration of a mark that “[c]onsists of or comprises a name . . . identifying a particular living individual except by his written consent,” 15 U. S. C. §1052(c). The Trademark Trial and Appeal Board affirmed, rejecting Elster’s argument that the names clause violates his First Amendment right to free speech. The Federal Circuit reversed. Held: The Lanham Act’s names clause does not violate the First Amendment. Read by Jeff Barnum. 

  • Truck Insurance Exchange v. Kaiser Gypsum (Bankruptcy)

    17/06/2024 Duração: 08min

     Petitioner Truck Insurance Exchange is the primary insurer for companies that manufactured and sold products containing asbestos. Two of those companies, Kaiser Gypsum Co. and Hanson Permanente Cement (Debtors), filed for Chapter 11 bankruptcy after facing thousands of asbestos-related lawsuits. As part of the bankruptcy process, the Debtors filed a proposed reorganization plan (Plan). That Plan creates an Asbestos Personal Injury Trust (Trust) under 11 U. S. C. §524(g), a provision that allows Chapter 11 debtors with substantial asbestos related liability to fund a trust and channel all present and future asbestos-related claims into that trust. Truck is contractually obligated to defend each covered asbestos personal injury claim and to indemnify the Debtors for up to $500,000 per claim. For their part, the Debtors must pay a $5,000 deductible per claim, and assist and cooperate with Truck in defending the claims. The Plan treats insured and uninsured claims differently, requiring insured claims to be file

  • Becerra v. San Carlos Apache Tribe

    17/06/2024 Duração: 12min

     The Indian Self-Determination and Education Assistance Act, 25 U. S. C. §5301 et seq., enables an Indian tribe to enter into a “self-determination contract” with the Indian Health Service to assume responsibility for administering the healthcare programs that IHS would otherwise operate for the tribe. §5321(a)(1). When IHS administers such programs itself, it funds its operations through congressional appropriations and third-party insurance payments. Healthcare programs administered by a tribe under a self-determination contract have a parallel funding structure. First, IHS must provide to the tribe the Secretarial amount, which “shall not be less” than the congressionally appropriated amount that IHS would have used to operate such programs absent the self-determination contract. §5325(a)(1). Second, like IHS when it runs the healthcare programs, a contracting tribe can collect revenue from third-party payers like Medicare, Medicaid, and private insurers. See 42 U. S. C. §§1395qq(a), 1396j(a); 25 U. S. C.

  • Connelly v. United States (Tax)

    14/06/2024 Duração: 06min

    Connelly v. United StatesMichael and Thomas Connelly were the sole shareholders in Crown C Supply, a small building supply corporation. The brothers entered into an agreement to ensure that Crown would stay in the family if either brother died. Under that agreement, the surviving brother would have the option to purchase the deceased brother’s shares. If he declined, Crown itself would be required to redeem (i.e., purchase) the shares. To ensure that Crown would have enough money to redeem the shares if required, it obtained $3.5 million in life insurance on each brother. After Michael died, Thomas elected not to purchase Michael’s shares, thus triggering Crown’s obligation to do so. Michael’s son and Thomas agreed that the value of Michael’s shares was $3 million, and Crown paid the same amount to Michael’s estate. As the executor of Michael’s estate, Thomas then filed a federal tax return for the estate, which reported the value of Michael’s shares as $3 million. The Internal Revenue Service (IRS) audited t

  • Cantero v. Bank of America (Banking)

    11/06/2024 Duração: 09min

    In Cantero v. Bank of America, the Supreme Court reviewed a Second Circuit decision that struck down a New York bank regulation, finding that the State's authority was preempted by federal law.  The Court held that Dodd-Frank requires a nuanced analysis -- rather than a bright line test -- on the issue of federal preemption.  Justice Kavanaugh, writing for a unanimous Court, reversed and remanded with instructions on the analysis required to determine preemption. 

  • NRA v. Vullo (First Amendment)

    01/06/2024 Duração: 11min

     Petitioner National Rifle Association (NRA) sued respondent Maria Vullo—former superintendent of the New York Department of Financial Services (DFS)—alleging that Vullo violated the First Amendment by coercing DFS-regulated parties to punish or suppress the NRA’s gun-promotion advocacy. The Second Circuit held that Vullo’s alleged actions constituted permissible government speech and legitimate law enforcement. The Court granted certiorari to address whether the NRA’s complaint states a First Amendment claim. The NRA’s “well-pleaded factual allegations,” Ashcroft v. Iqbal, 556 U. S. 662, 678–679, are taken as true at this motion-to-dismiss stage. DFS regulates insurance companies and financial services institutions doing business in New York, and has the power to initiate investigations and civil enforcement actions, as well as to refer matters for criminal prosecution. The NRA contracted with DFS-regulated entities— affiliates of Lockton Companies, LLC (Lockton)—to administer insurance policies the NRA offe

  • Thornell v. Jones (Ineffective Assistance)

    01/06/2024 Duração: 11min

    Thornell v. Jones Respondent Danny Lee Jones was convicted of the premeditated firstdegree murders of Robert and Tisha Weaver and the attempted premeditated murder of Robert’s grandmother Katherine Gumina. Arizona law at the time required the trial court to “impose a sentence of death” if it found “one or more” statutorily enumerated “aggravating circumstances” and “no mitigating circumstances sufficiently substantial to call for leniency.” Ariz. Rev. Stat. Ann. §13–703(E). The trial court found three aggravating circumstances that applied to both Robert’s and Tisha’s murders: Jones committed multiple homicides, §13– 703(F)(8); he was motivated by “pecuniary” gain, §13–703(F)(5); and the murders were “especially heinous, cruel or depraved,” §13– 703(F)(6). The trial court found an additional aggravating circumstance with respect to Tisha’s murder: she was a young child, §13– 703(F)(9). The trial court also concluded that Jones had established four mitigating circumstances: long-term substance abuse, drug and

  • Coinbase v. Suski (Arbitration)

    01/06/2024 Duração: 04min

    Coinbase v. Suski The dispute here involves a conflict between two contracts executed by petitioner Coinbase, Inc., operator of a cryptocurrency exchange platform, and respondents, who use Coinbase. The first contract—the Coinbase User Agreement that respondents agreed to when they created their accounts—contains an arbitration provision with a delegation clause. Per this provision, an arbitrator must decide all disputes under the contract, including whether a given disagreement is arbitrable. The second contract—the Official Rules for a promotional sweepstakes respondents entered—contains a forum selection clause providing that California courts “shall have sole jurisdiction of any controversies regarding the [sweepstakes] promotion.” Respondents ultimately filed a class action in the U. S. District Court for the Northern District of California, alleging that the sweepstakes violated various California laws. Coinbase moved to compel arbitration based on the User Agreement’s delegation clause. The District Co

  • Brown v. United States (Criminal)

    31/05/2024 Duração: 12min

     These cases concern the application of the Armed Career Criminal Act to state drug convictions that occurred before recent technical amendments to the federal drug schedules. ACCA imposes a 15-year mandatory minimum sentence on defendants who are convicted for the illegal possession of a firearm and who have a criminal history thought to demonstrate a propensity for violence. As relevant here, a defendant with “three previous convictions” for “a serious drug offense” qualifies for ACCA’s enhanced sentencing. 18 U. S. C. §924(e)(1). For a state crime to qualify as a “serious drug offense,” it must carry a maximum sentence of at least 10 years’ imprisonment, and it must “involv[e] . . . a controlled substance . . . as defined in section 102 of the Controlled Substances Act.” §§924(e)(1), (2)(A)(ii). Under the categorical approach, a state drug offense counts as an ACCA predicate only if the State’s definition of the drug in question “matche[s]” the definition under federal law. Shular v. United States, 589 U.

  • Alexander v. NAACP (Redistricting / Gerrymandering)

    31/05/2024 Duração: 13min

     Alexander v. NAACPThe Constitution entrusts state legislatures with the primary responsibility for drawing congressional districts, and legislative redistricting is an inescapably political enterprise. Claims that a map is unconstitutional because it was drawn to achieve a partisan end are not justiciable in federal court. By contrast, if a legislature gives race a predominant role in redistricting decisions, the resulting map is subjected to strict scrutiny and may be held unconstitutional. These doctrinal lines collide when race and partisan preference are highly correlated. This Court has endorsed two related propositions when navigating this tension. First, a party challenging a map’s constitutionality must disentangle race and politics to show that race was the legislature’s “predominant” motivating factor. Miller v. Johnson, 515 U. S. 900, 916. Second, the Court starts with a presumption that the legislature acted in good faith. To disentangle race from other permissible considerations, plaintiffs may

  • Harrow v. Department of Defense (Equitable Tolling / Jurisdictional Deadlines)

    24/05/2024 Duração: 05min

    In Harrow v. Department of Defense, Stuart Harrow appealed an adverse administrative decision after the 60-day deadline -- claiming that he was unaware of the deadline.  He filed this appeal to the Federal Circuit.  Because the Federal Circuit saw the mandatory "shall" language in the statute (that is, it shall be filed within 60 days), the Court denied his request, reasoning that it lacked jurisdiction.  The issue in front of the Supreme Court was whether this provision was jurisdictional.  Justice Kagan, writing for a unanimous Court, decided that the provision was mandatory, but not jurisdictional, and the lower court therefore, could exercise its discretion to hear the case.  Vacated and remanded. 

  • Smith v. Spizzirri (Arbitration)

    24/05/2024 Duração: 04min

    Smith v. Spizzirri The Federal Arbitration Act (FAA) sets forth procedures for enforcing arbitration agreements in federal court. Section 3 of the FAA, entitled “Stay of proceedings where issue therein referable to arbitration,” provides that when a dispute is subject to arbitration, the court “shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.” 9 U. S. C. §3. In this case, petitioners filed suit against respondents in state court alleging violations of federal and state employment laws. Respondents then removed to federal court and filed a motion to compel arbitration and dismiss the suit. Petitioners agreed their claims were arbitrable, but contended that §3 of the FAA required the District Court to stay the action pending arbitration rather than dismissing it entirely. The District Court issued an order compellin

  • Consumer Financial Protection Bureau v. Community Financial

    17/05/2024 Duração: 10min

    CONSUMER FINANCIAL PROTECTION BUREAU ET AL. v. COMMUNITY FINANCIAL SERVICES ASSOCIATION OF AMERICA, LTD., ET AL. The Constitution gives Congress control over the public fisc subject to the command that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Art. I, §9, cl. 7. For most federal agencies, Congress provides funding through annual appropriations. For the Consumer Financial Protection Bureau, however, Congress provided a standing source of funding outside the ordinary annual appropriations process. Specifically, Congress authorized the Bureau to draw from the Federal Reserve System an amount that its Director deems “reasonably necessary to carry out” the Bureau’s duties, subject only to an inflation-adjusted cap. 12 U. S. C. §§5497(a)(1), (2). In this case, several trade associations representing payday lenders and credit-access businesses challenged regulations issued by the Bureau pertaining to high-interest consumer loans on statutory and constitutional g

  • Culley v. Marshall (Asset Forfeiture)

    14/05/2024 Duração: 08min

    Culley v. MarshallPetitioner Halima Culley loaned her car to her son, who was later pulled over by Alabama police officers and arrested for possession of marijuana. Petitioner Lena Sutton loaned her car to a friend, who was stopped by Alabama police and arrested for trafficking methamphetamine. In both cases, petitioners’ cars were seized under an Alabama civil forfeiture law that permitted seizure of a car “incident to an arrest” so long as the State then “promptly” initiated a forfeiture case. Ala. Code §20–2–93(b)(1), (c). The State of Alabama filed forfeiture complaints against Culley’s and Sutton’s cars just 10 and 13 days, respectively, after their seizure. While their forfeiture proceedings were pending, Culley and Sutton each filed purported class-action complaints in federal court seeking money damages under 42 U. S. C. §1983, claiming that state officials violated their due process rights by retaining their cars during the forfeiture process without holding preliminary hearings. In a consolidated ap

  • Warner Chappell Music v. Nealy (Copyright)

    13/05/2024 Duração: 04min

    Warner Chappell Music v. NealyUnder the Copyright Act, a plaintiff must file suit “within three years after the claim accrued.” 17 U. S. C. §507(b). On one understanding of that limitations provision, a copyright claim “accrue[s]” when “an infringing act occurs.” Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U. S. 663, 670. But under an alternative view, the so-called discovery rule, a claim accrues when “the plaintiff discovers, or with due diligence should have discovered,” the infringing act. Ibid., n. 4. That rule enables a diligent plaintiff to raise claims about even very old infringements if he discovered them within the three years prior to suit. In this case, respondent Sherman Nealy invoked the discovery rule to sue Warner Chappell Music for copyright infringements going back ten years. Nealy argued that his claims were timely because he first learned of the infringing conduct less than three years before he sued. In the District Court, Warner Chappell accepted that the discovery rule governed the time

  • Muldrow v. St. Louis (Employment Discrimination)

    29/04/2024 Duração: 08min

    Muldrow v. City of St. Louis Sergeant Jatonya Clayborn Muldrow maintains that her employer, the St. Louis Police Department, transferred her from one job to another because she is a woman. From 2008 through 2017, Muldrow worked as a plainclothes officer in the Department’s specialized Intelligence Division. In 2017, the new Intelligence Division commander asked to transfer Muldrow out of the unit so he could replace her with a male police officer. Against Muldrow’s wishes, the Department approved the request and reassigned Muldrow to a uniformed job elsewhere in the Department. While Muldrow’s rank and pay remained the same in the new position, her responsibilities, perks, and schedule did not. After the transfer, Muldrow no longer worked with high-ranking officials on the departmental priorities lodged in the Intelligence Division, instead supervising the day-to-day activities of neighborhood patrol officers. She also lost access to an unmarked take-home vehicle and had a less regular schedule involving week

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