United States Supreme Court Certiorari Granted

Opinions Filed in March 2020

Brownback v. King

Whether 28 U.S.C. §2676 of the Federal Tort Claims Act ("FTCA") bars a Bivens action involving the same claimant, injuries, and government employees of an FTCA claim in which the United States obtained a final judgment in its favor on the ground that a private person would not exist as liable under state tort law for the injuries alleged.

Area(s) of Law:
  • Constitutional Law

Jones v. Mississippi

Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sentence of life without parole.

Area(s) of Law:
  • Constitutional Law

Borden v. United States

Does the “use of force” clause in the Armed Career Criminal Act (the “ACCA”), 18 U.S.C. § 924(e)(2)(B)(i) encompass crimes with a mens rea of mere recklessness?

Area(s) of Law:
  • Criminal Procedure

California v. Texas

1. Whether the individual and state plaintiffs in this case have established Article III standing to challenge the minimum coverage provision in Section 5000A(a). 2. Whether reducing the amount specified in Section 5000A(c) to zero rendered the minimum coverage provision unconstitutional. 3. If so, whether the minimum coverage provision is severable from the rest of the ACA.

Area(s) of Law:
  • Constitutional Law

Fish and Wildlife Service v. Sierra Club

Whether the deliberative process privilege incorporated in Exemption 5 of the Freedom of Information Act protects a federal agency from compelled disclosure of draft documents created as part of a formal consultation process under Section 7 of the Endangered Species Act where the consultation process resulted in subsequent modification of said draft documents.

Area(s) of Law:
  • Constitutional Law

Back to Top