United States Supreme Court

Opinions Filed in June 2021

Johnson v. Guzman Chavez

8 U. S. C. §1231 not §1226 governs the detention of aliens subject to reinstated orders of removal.

Area(s) of Law:
  • Immigration

Minerva Surgical, Inc. v. Hologic, Inc.

The decision in Westinghouse v. Formica Insulation Co., 266 U.S. 342, 350 (1924) provided that assignor estoppel is a principle of fairness. “If one lawfully conveys to another a patented right,” the Court reasoned, “fair dealing should prevent him from derogating from the title he has assigned.”

Area(s) of Law:
  • Patents

PennEast Pipeline Co. v. New Jersey

15 U. S. C. § 717f(h) authorizes Federal Energy Regulatory Commission certificate holders to condemn all necessary rights-of-way, whether owned by private parties or States.

Area(s) of Law:
  • Sovereign Immunity

Lombardo v. St. Louis

On summary judgment, courts must apply “careful, context-specific analysis” in excessive force cases.

Area(s) of Law:
  • Civil Procedure

Pakdel v. City and County of San Francisco

The Supreme Court held that Respondent’s requirement to "execute the lifetime lease" was a final agency action and that the government action constituted "an actual, concrete injury," and "administrative 'exhaustion of state remedies was not a prerequisite for a takings claim when the government has reached a conclusive position.

Area(s) of Law:
  • Constitutional Law

HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Assn.

Under the RFP, “a small refinery may at any time petition the Administrator for an extension of the exemption under subparagraph (A) for the reason of disproportionate economic hardship.” 42 U.S.C. § 7545(o)(9)(B)(i).

Area(s) of Law:
  • Environmental Law

TransUnion LLC v. Ramirez

To possess standing in a class action suit seeking damages against a private defendant in federal court, a plaintiff must be concretely harmed by a defendant’s violation; risk of future harm is insufficient to establish standing.

Area(s) of Law:
  • Civil Procedure

Yellen v. Confederated Tribes of Chehalis Reservation

ANCs are Indian Tribes and thus are eligible to receive funding from the CARES Act.

Area(s) of Law:
  • Indian Law

Cedar Point Nursery v. Hassid

A state regulation that appropriates for labor unions the right of access of agricultural employer's property is a per se taking under the fourth and fifth amendments.

Area(s) of Law:
  • Constitutional Law

Lange v. California

Fourth Amendment precedents point toward assessing case by case the exigencies arising from misdemeanants’ flight. When the totality of circumstances shows an emergency—a need to act before it is possible to get a warrant—the police may act without waiting.

Area(s) of Law:
  • Criminal Procedure

Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System

The generic nature of a misrepresentation is important evidence of price impact, even though that same evidence may be relevant to materiality. Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, 568 U.S. 455 (2013).

Area(s) of Law:
  • Business Law

National Collegiate Athletic Assn. v. Alston

The rule of reason standard requires a court to engage in a fact specific inquiry of the market power and market structure to measure the competitive impact of restraints on competition and is required when the restraint at issue involves complex structures.

Area(s) of Law:
  • Antitrust

United States v. Arthrex, Inc.

Under the Appointments Clause of the U.S. Constitution, Administrative Patent Judges are principal officers who must be appointed by the president with the advice and consent of the Senate.

Area(s) of Law:
  • Constitutional Law

Fulton v. Philadelphia

Maximizing the number of foster parents, protecting the City from liability, and ensuring equal treatment of prospective foster parents and children were not "interests of the highest order" and, therefore, are not sufficient to survive strict scrutiny.

Area(s) of Law:
  • First Amendment

Terry v. U.S.

In light of the clear text, we hold that §2(a) of the Fair Sentencing Act modified the statutory penalties only for subparagraph (A) and (B) crack offenses—that is, the offenses that triggered mandatory-minimum penalties.

Area(s) of Law:
  • Criminal Law

Borden v. United States

The ACCA applies to individuals who have committed three or more acts of violence with a mens rea greater than recklessness.

Area(s) of Law:
  • Criminal Law

FBI v. Fazaga

Whether Section 1806(f) displaces the state-secrets privilege and authorizes a district court to resolve, in camera and ex parte, the merits of a lawsuit challenging the lawfulness of government surveillance by considering the privileged evidence.

Area(s) of Law:
  • Evidence

Sanchez v. Mayoraks

The conferral of Temporary Protected Status does not admit foreign nationals to the United States and therefore “does not make an unlawful entrant … eligible under § 1255 for adjustment to LPR status.”

Area(s) of Law:
  • Immigration

Van Buren v. United States

Under 18 U.S.C. § 1030(a)(2), the phrase “exceeds authorized access” is limited by the phrase “entitled so to obtain,” such that an individual cannot to have been said to violate the statute for obtaining information from a computer that they are otherwise authorized to access, even if the individual accessed the information for improper purposes.

Area(s) of Law:
  • Criminal Law

Garland v. Ming Dai

The INA provides that a reviewing court must accept “administrative findings” as “conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” §1252(b)(4)(B).

Area(s) of Law:
  • Immigration

United States v. Cooley

The Court relied on its decision in Montana v. United States, 450 U.S. 544 (1981), saying that a tribe retains authority over the conduct of non-Indians “when that conduct threatens or has a direct effect on the political integrity, economic security, or the health and welfare of the tribe.”

Area(s) of Law:
  • Tribal Law

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