The US Supreme Court struck down a bump stock ban Friday enacted in 2018 following a deadly mass shooting in California. In a 6-3 vote, the court held that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) exceeded its authority in enacting the bump stock ban. The case known as Garland v. Cargill was [...]
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The Supreme Court decided Thursday that government officials cannot indirectly suppress free speech through coercion, reinforcing their previous decision in Bantam Books, Inc. v. Sullivan. Justice Sotomayor, writing for a unanimous court, said a government official “can share her views freely and criticize particular beliefs, and she can do so forcefully in the hopes of [...]
US Supreme Court upholds civil forfeiture without immediate hearing
The US Supreme Court decided Thursday that police officers may continue to seize cars that defendants allegedly use to commit a crime, without an immediate hearing. States often allow that kind of seizure—known as civil forfeiture—when officers believe that the car is connected to a crime in which the owner is not involved. Justice Kavanaugh, [...]
Marissa Zupancic is JURIST’s Washington DC Correspondent, a JURIST Senior Editor and a 3L at the University of Pittsburgh School of Law. She’s stationed in Washington during her Semester in DC. Today I attended oral arguments at the US Supreme Court for Trump v. US, a case concerning whether a president has absolute immunity after they [...]
US Supreme Court hears oral arguments in Idaho abortion ban case
The US Supreme Court heard oral arguments Wednesday in the case concerning whether a 1986 federal law preempts Idaho’s near-total abortion ban. The Idaho statute criminalizes performing or attempting to perform an abortion unless not doing so would result in the mother’s death. The Biden administration argues that the Emergency Medical Treatment & Labor Act [...]
US Supreme Court split on whether to allow broader punishment for people camping in public spaces
The US Supreme Court heard oral arguments Monday on whether enforcing public camping ordinances against unhoused people without adequate shelter is cruel and unusual punishment and, therefore, prohibited by the Eighth Amendment to the US Constitution. The case, Grants Pass v. Johnson, originated in southern Oregon. The central question before the court revolves around the [...]
US Supreme Court allows Idaho gender-affirming care ban for minors to go into effect
The US Supreme Court granted an emergency request for stay led by Idaho officials, allowing the state to temporarily enforce a statewide ban on gender-affirming care for certain minors. This ban is one of the first cases related to transgender health care to reach the nation’s highest court. Labrador v. Poe is the case that [...]
SCOTUS dispatch: government lawyer grilled for an hour on meaning of federal corruption statute
Gijs de Bra is a JURIST Assistant Editor and SCOTUS special correspondent, and a 2L at Cornell Law School. When, if ever, does a person “corruptly” solicit or offer a gift with intent to influence government action? That question kept Colleen Sinzdak, counsel for the US government, busy for almost all of her argument before [...]
The US Supreme Court heard arguments Monday on whether Indian Health Services (IHS) should be reimbursed for “contract support costs” associated with third parties, such as Medicare and Medicaid. In a US Court of Appeals for the Ninth Circuit decision, the court found that third-party reimbursements could not be excluded under its statute. In contrast, [...]
Explainer: Unpacking SB 4, Texas's Controversial Border Security Legislation
In recent days, an unusual state border-security law has ricocheted back and forth between US federal courts, introducing novel questions of state and federal supremacy. Long disgruntled over the federal government’s perceived inadequate efforts to curb illegal immigration along its southern border, Texas enacted a state law that would enable it to take action in [...]