United States Supreme Court

Opinions Filed in June 2018

National Institute of Family and Life Advocates v. Becerra

The California Reproductive Freedom, Accountability, Comprehensive Care, and Transparency Act's notification requirements likely violate the First Amendment.

Area(s) of Law:
  • First Amendment

Trump v. Hawaii

Proclamation No. 9645 is within the President’s broad discretion Under 8 U.S.C. § 1182(f) and § 1152(a)(1)(A) to suspend entry into the United States and Respondents did not establish a likelihood of success on the merits that the Proclamation violated the Establishment Clause of the First Amendment.

Area(s) of Law:
  • Immigration

Abbott v. Perez

28 U. S. C. §1253 grants jurisdiction for review where an order has the same practical effect as an order granting or denying an injunction and past discrimination does not affect the presumption of legislative good faith in the case of a legislature’s redistricting plan.

Area(s) of Law:
  • Election Law

Ohio v. American Express

Anti-steering provisions within a merchant contract are not per-se anticompetitive under the Sherman Antitrust Act.

Area(s) of Law:
  • Corporations

Carpenter v. United States

The Government conducts a Fourth Amendment search when it accesses cell phone records that include cell-site location information.

Area(s) of Law:
  • Constitutional Law

Currier v. Virginia

The Double Jeopardy Clause of the 14th Amendment does not bar the re-litigating of issues or introduction of evidence for a severed offense, where the Defendant requested severance of the trials and has been acquitted of the related charges.

Area(s) of Law:
  • Criminal Law

Ortiz v. United States

A judge’s simultaneous service on the Court of Criminal Appeals and the Court of Military Commission Review violates neither §973(b)(2)(A) nor the Appointments Clause.

Area(s) of Law:
  • Constitutional Law

WesternGeco LLC v. ION Geophysical Corp.

Damages for lost foreign profits are recoverable under §284 of the Patent Act if the domestic nature of the infringement is proven under §271(f)(2).

Area(s) of Law:
  • Patents

Lucia v. SEC

The Security and Exchange Commission's administrative law judges are “Officers of the United States,” and are therefore subject to the Appointments Clause.

Area(s) of Law:
  • Administrative Law

Pereira v. Sessions

A document that is titled “notice to appear” but does not include time-and-place information cannot qualify as a “notice to appear” under 8 U. S. C. 1229(a) and thus does not trigger the stop-time rule.

Area(s) of Law:
  • Immigration

South Dakota v. Wayfair, Inc.

States have the authority to require out-of-state retailers with no physical presence within the state to collect and remit a sales tax.

Area(s) of Law:
  • Tax Law

Wisconsin Central Ltd. v. United States

Employee stock options are not taxable compensation for purposes of the Railroad Retirement Tax Act, 26 U.S.C. § 3231(e)(1).

Area(s) of Law:
  • Tax Law

Benisek v. Lamone

The district court did not abuse its discretion by denying Petitioners’ motion for a preliminary injunction because the balance of equities and the public interest tilted against the motion.

Area(s) of Law:
  • Election Law

Chavez-Meza v. United States

Where the record demonstrates that a judge has expressed a reasoned basis for a non-proportional sentence reduction, the explanation is adequate to support the sentence reduction.

Area(s) of Law:
  • Sentencing

Gill v. Whitford

A “citizen’s abstract interest in policies adopted by the legislature” is insufficient to demonstrate Article III standing.

Area(s) of Law:
  • Standing

Lozman v. City of Riviera Beach

Existence of probable cause for an arrest does not bar a claim under 42 USC § 1983 where an official policy of retaliation against the exercise of free speech is alleged.

Area(s) of Law:
  • Civil Rights § 1983

Rosales-Mireles v. United States

Under Federal Rule of Criminal Procedure 52(b), a defendant is ordinarily entitled to relief if there was a miscalculation in determining the Sentencing Guidelines Range.

Area(s) of Law:
  • Sentencing

Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical

When interpreting a foreign law under Federal Rule of Civil Procedure 44.1, a federal court must "accord respectful consideration" to a foreign government’s interpretation of the law, but is not bound by this interpretation.

Area(s) of Law:
  • Civil Procedure

Minnesota Voters Alliance v. Mansky

The statutory prohibition of certain apparel in polling places during Election Day serves the permissible objective of limiting distraction and partisan discord for voters exercising their civic duty, but such statutes must articulate a determinate scope to allow for reasoned application.

Area(s) of Law:
  • Election Law

China Agritech Inc. v. Resh

Upon denial of class certification, the statute of limitations is not tolled for a putative class member who failed to promptly join an existing suit or file an individual action and seeks to commence the class action anew.

Area(s) of Law:
  • Civil Procedure

Husted v. A. Philip Randolph Institute

The Ohio voter removal process does not violate the National Voter Registration Act.

Area(s) of Law:
  • Election Law

Sveen v. Melin

Retroactive application of state statute rescinding any revocable beneficiary designations in the event of divorce, does not violate the Constitution's Contracts Clause.

Area(s) of Law:
  • Constitutional Law

Azar v. Garza

When a civil case becomes moot, it is established practice to reverse or vacate the lower court’s judgment and remand with directions to dismiss the case.

Area(s) of Law:
  • Appellate Procedure

Hughes v. United States

Sentence reductions are available for plea deals under 18 U.S.C. § 3582(c)(2) when the guideline range is lowered, so long as the range was considered when the sentence was imposed.

Area(s) of Law:
  • Sentencing

Koons v. United States

Those whose sentences are “based on” mandatory minimums and substantial assistance to the Government do not qualify for sentence reductions under revised “Guideline ranges.”

Area(s) of Law:
  • Criminal Procedure

Lamar, Archer & Cofrin, LLP v. Appling

A single-asset statement qualifies as a "statement respecting the debtor's financial condition" for purposes of 11 U.S.C. §523(a)(2).

Area(s) of Law:
  • Bankruptcy Law

Masterpiece Cakeshop, Ltd., et al. v. Colorado Civil Rights Commission, et al.

Members of the Colorado Civil Rights Commission exhibited an impermissible hostility towards religion and engaged in viewpoint discrimination in violation of the First Amendment.

Area(s) of Law:
  • First Amendment

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