MULLIN v. DOE (TPS/Immigration/Admin Law)
Send us Fan MailThe TPS statute bars judicial review of non-constitutional claims.Support the show
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Attorney RJ Dieken, Loki Esq Law, Montana
Blanche v. Lau (Immigration and Nationality Act)
Send us Fan MailIn Blanche v. Lau, the Supreme Court held that the Immigration and Nationality Act does not require a border officer to have clear and convincing evidence that a lawful permanent resident has committed a ...
Mullin v. Al Otro Lado (INA & Arriving in the United States)
Send us Fan MailIn Mullin v. Al Otro Lado, the Supreme Court held that an alien standing in Mexico does not "arrive in the United States" within the meaning of the Immigration and Nationality Act by attempting and failin...
EXXON MOBIL CORP. v. CORPORACIÓN CIMEX, S. A. (CUBA & Helms-Burton Act lawsuits)
Send us Fan Mail The Helms-Burton Act itself abrogates the sovereign immunity of Cuban agencies and instrumentalities Support the show
WOLFORD v. LOPEZ (2nd Amendment and Hawaii)
Send us Fan MailHawaii's rules about not allowing people to concealed carry on private property unless the owner posts consent is unconstitutional.Support the show
LANDOR v. LOUISIANA DEPT. OF CORRECTIONS AND PUBLIC SAFETY (Spending Clause authority, RULIPA)
Send us Fan Mail Individuals may not be held liable in their personal capacities under a Spending Clause statute unless those individuals have voluntarily and knowingly consented to answer lawsuits under the statute; bec...
PUNG v. ISABELLA COUNTY (Tax Sale/Gvmt Forclosure/Takings)
Send us Fan MailThe proper baseline for measuring “just compensation” following a tax sale is the auction sale price, not the property’s hypothetical fair market value, at least when the sale is fairly conducted in light...
Cisco v. Doe (Alien Tort Statute & Torture Victim Protection Act)
Send us Fan Mail The Supreme Court held that federal courts may no longer create new causes of action for violations of international law under the Alien Tort Statute, effectively closing the narrow door that Sosa v. Alv...
McCarthy v. Hernandez (Habeas and Miranda)
Send us Fan MailIn a per curiam decision, the Supreme Court summarily reversed the Second Circuit’s grant of federal habeas relief to Pedro Hernandez, who was convicted of kidnapping and felony murder in the 1979 disappe...
T. M. v. University of Md. Medical System Corporation (RookerFeldman Doctrine)
Send us Fan MailWe speak today to say...nothing has changed...Support the show
Hunter v. United States (Criminal law appeal waiver enforceability)
Send us Fan MailBecause a criminal law appeal waiver must be both knowingly and voluntary a waiver of ineffective assistance of counsel is not really possible.Support the show
United States v. Hemani (Second Amendment)
Send us Fan MailThe 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 Amendme...
FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd. (Implied Rights of Action)
Send us Fan MailIn 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 resciss...
Keathley v. Buddy Ayers Construction, Inc. (judicial estoppel
Send us Fan MailIn 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 fai...
Abouammo v. United States (venue)
Send us Fan MailIn 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 occurre...
FCC v. AT&T (Seventh Amendment)
Send us Fan MailThe 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 themselve...
Hikma Pharmaceuticals USA, Inc. v. Amarin Pharma Inc. (Patent infringement)
Send us Fan MailIn 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 Vascep...
SRIPETCH v. SEC (Disgorgement)
Send us Fan Mail A showing of pecuniary loss to investors is not required before the SEC may obtain a disgorgement award. Support the show
FLOWERS FOODS, INC. v. BROCK (FAA / Interstate Commerce)
Send us Fan MailSupport the show
Whitton v. Dixon (Habeas Corpus)
Send us Fan MailIf 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...