United States Supreme Court

Opinions Filed in March 2022

Badgerow v. Walters

Rules and maxims of statutory interpretation dictate that when congress omits language from one section of the statute while including it elsewhere the Court must find that choice as intentional.

Area(s) of Law:
  • Arbitration

Houston Cmty. Coll. Sys. v. Wilson

A plaintiff pursuing a claim for First Amendment retaliation must show that the government took an adverse action in response to speech it would not have taken absent a retaliatory motive.

Area(s) of Law:
  • Constitutional Law

Houston Community College System v. Wilson

“In this country, we expect elected representatives to shoulder a degree of criticism about their public service from their constituents and their peers—and to continue exercising their free speech rights when the criticism comes.”

Area(s) of Law:
  • First Amendment

Ramirez v. Collier

Religious Land Use and Institutionalized Persons Act of 2000 states that the state cannot impose substantial burden on the exercise of religion to people in state institutions unless the government proves the burden “(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.” 2 U. S. C. §2000cc–1(a).

Area(s) of Law:
  • Criminal Law

SAIF v. Ward

Under former ORS 656.005(30) (2019), a “worker” is “any person, including a minor whether lawfully or unlawfully employed, who engages to furnish services for a renumeration, subject to the direction and control of an employer.”

Area(s) of Law:
  • Employment Law

FBI v. Fazaga

The District Court dismissed Respondent's claims but the Ninth Circuit reversed saying §1806(f) displaced the state secrets privilege. On appeal, the Supreme Court reversed the holding saying §1806(f) does not have that effect.

Area(s) of Law:
  • Sovereign Immunity

Cameron v. EMW Women’s Surgical Center, P. S. C.

When deciding the timeliness of a third party’s motion to intervene, the most important consideration for courts is whether the party sought to intervene “as soon as it became clear” that its interests “would no longer be protected” by the parties in the case. United Airlines, Inc. v. McDonald, 432 U. S. 385, 394 (1977).

Area(s) of Law:
  • Civil Procedure

United States v. Zubaydah

The state secrets privilege bars the disclosure of information upon the Government’s showing that disclosure would have a “reasonable probability” to harm national security. United States v. Reynolds, 345 U. S. 1, 6–7, 11 (1953).

Area(s) of Law:
  • Civil Procedure

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