In Torres v. Texas Dep’t of Public Safety, the Court held that private suits against states are authorized under Congress’s war powers, carving out a new structural waiver exception to state sovereign immunity.
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Supreme Court Eases Biden’s Way to Ending “Remain in Mexico” Program, but Termination Is Not a Done Deal
The Supreme Court’s decision confirmed that the INA does not bar an end to the MPP, but the district court must still determine whether Secretary of Homeland Security Mayorkas’s October 2021 memorandum provided an adequate explanation for the shift under the APA.
If Roe is overturned, criminal investigations into women’s reproductive decisions enabled by modern technologies and the sensitive, intimate data these technologies capture would constitute an unique extension of the state’s powers of observation and coercion.
In a 6-3 decision released on June 8, the Supreme Court ruled that claims filed by individuals under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics against federal agents do not extend to Fourth Amendment claims of excessive force or First Amendment claims of retaliation.
The Supreme Court ruled that federal courts lack jurisdiction to review fact findings in discretionary relief cases related to immigration proceedings.
Tracing the influence of the Supreme Court’s decision in Trump v. Mazars on the House investigation into the Capitol riot.
A grant of certiorari from the Supreme Court would set the stage for clarification of the uncertainty caused by the Fifth Circuit’s ruling.
While Trump lost the 2020 election litigation battle, he received more judicial support than you might think.
The Biden administration’s rule-of-law credibility is the big loser; and the Supreme Court’s shadow docket the big winner.
Supreme Court precedent compels the conclusion that Trump cannot escape liability for his actions, including encouraging, for his personal gain, the violent disruption of a constitutionally mandated session of Congress.