Supreme Court Review 2012/2013 TERM
MONDAY, MAY 20, 2013

RECENT MEDIA COVERAGE

RECENT DECISIONS

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This Week at the United States Supreme Court May 18, 2013

This Week at the United States Supreme Court (05/18/2013):

Can a company who makes genetically modified seeds limit the way farmer may use those seeds after they are purchased? What does the term "defalcation" mean in the Bankruptcy Code? Are indigent defendants who appeal their cases pursuant to the federal in forma pauperis statute permitted to amend their complaints, an allowance granted to most other litigants?

Notable April Opinions (05/04/2013):

On this episode we review four notable opinions issued by the Court last month.

End of Oral Arguments This Term and Fisher v. University of Texas (04/27/2013):

On this episode we reflect on the oral arguments this term and listen to the unabridged oral arguments in one of the more controversial and entertaining oral arguments of the term, Fisher v. University of Texas at Austin.

This Week at the United States Supreme Court (04/20/2013):

We review four cases heard in oral arguments this week. Are human genes patentable? Should a federal law that favors American Indian tribes and parents be applied to take a adoptive child from a non-Indian family to return her to a father that washed his hands of her years before? Does the Congress have the power to require a former member of the military to register as a sex offender years after he served his sentence and after leaving the military? Is a person's silence in response to police questioning prior to arrest and the giving of Miranda rights admissible as evidence against him in a subsequent trial when the defendant does not testify?

This Week at the United States Supreme Court (03/30/2013):

May the police bring a drug sniffing dog to the front door of your home to sniff around? May a state’s constitution ban affirmative action programs in the state?

Live from the Supreme Court - Oral arguments in the Gay Marriage Cases (United States v. Windsor) (03/27/2013):

Listen to the full oral arguments in the Defense of Marriage Act (DOMA) case heard by the Court today. This week Supreme Podcast reports live from the Supreme Court.

Live from the Supreme Court - Oral arguments in the Gay Marriage Cases (Hollingsworth v. Perry) (03/26/2013):

Listen to the full oral arguments in the California same sex marriage case heard by the Court today. This week Supreme Podcast reports live from the Supreme Court.

This Week at the United States Supreme Court (03/23/2013):

Does the U.S. Forest Service have to consider the effect of its forest thinning policies in the Sierra Nevada mountain range on fish species in nearby waters? Does federal election law preempt an Arizona law that requires the rejection of federal voter registration forms that are not supplemented by documents proving citizenship? May a student at USC have his family in Thailand send him new textbooks sold oversees for resale in the United States for a profit without violating US Copyright law? We discuss all these cases before the Supreme Court this week and more.

Special Episode - The Gay Marriage Cases (03/16/2013):

On this special episode we consider each of the questions presented in the upcoming gay marriage cases scheduled to be heard by the Supreme Court on March 26th and March 27th. We also review some of the more interesting amicus curiae briefs filed in the two cases.

This Week at the United States Supreme Court (03/02/2013):

Absent a warrant or probable cause should police be permitted to take a cheek-swap DNA sample from an individual under arrest for a serious crime in order to check the sample against those in cold case files or must police wait until the arrestee has been convicted? Do American citizens who have reason to believe their communications with foreigners are being intercepted by the US Government under the Foreign Intelligence Surveillance Act have standing to challenge the program even though they have no way of knowing whether they are actually subject to surveillance or not?

Special Episode - Oral Arguments Voting Rights Act (03/01/2013):

Hear the entire oral arguments in one of the most controversial cases of the year. Should a core section of one of the country's most successful laws be struck down on the grounds that it is an overreach of federal power and is based on a factual determination made over 47 years ago?

This Week at the United States Supreme Court (02/23/2013):

Do farmers infringe patents held in genetically modified seeds when they plant those seeds without authorization from the patent holder? Does an alert by a trained narcotics detection dog provide police with probable cause to search a vehicle? Are aggregate limits on individual political contributions constitutional? We discuss these issues and more...

Special Episode - Affirmative Action (02/17/2013):

In this special episode, we discuss the constitutional implications and history of Affirmative Action and the Supreme Court's newest affirmative action case, Fisher v. University of Texas at Austin.

This Week at the United States Supreme Court (01/25/2013):

Can a federal law implementing a chemical weapons treaty be applied to an ordinary poisoning case, wherein a microbiologist in Pennsylvania attempted to poison a woman who had an affair with her husband? May the Supreme Court of Michigan abolish the diminished capacity defense in criminal trials in a case involving the retrial of a defendant who's original defense was the defense being abolished? Does the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) prohibit private class actions based on state law regarding a scheme of fraudulent certificates of deposit, ordinarily not covered by federal securities laws, where they are in part backed by covered securities?

This Week at the United States Supreme Court (01/18/2013):

Is a floating home without an engine and a self-generating power source considered a "vessel" for purposes of federal maritime jurisdiction? Should a seven year delay in bringing an indigent capital defendant to trial, due to the lack of Louisiana state funds (post-Katrina) to pay for attorneys to defend him, constitute a violation of the Sixth Amendment's Speedy Trial Clause?

This Week at the United States Supreme Court (01/12/2013):

Does the Constitution require a warrant before police may subject a suspected drunk driver to a blood test even if some evidence is lost while the warrant is obtained due to the natural dissipation of alcohol in the bloodstream? Does federal law provide a state prisoner the right to suspend their federal habeas proceedings when they are adjudged incompetent? When Los Angeles diverted water to a monitoring station that identified pollutants in a navigable waterway did it subject itself to liability under the Clean Water Act?

Special Episode - Gun Regulation (01/06/2013):

In this special episode, we discuss the constitutional implications of gun regulation and the history and jurisprudence of the Second Amendment.

Special Episode - Romer v. Evans (01/01/2013):

The central precedent cited in the upcoming gay marriage case concerning California's Proposition 8 is Romer v. Evans (1996). We present a summary of the case, consider the parallels between it and the upcoming gay marriage cases and present the full oral argument audio. You will hear the justices struggle with the question of whether a state constitutional amendment may be enacted for the purpose of taking away rights from a particular group of individuals (homosexuals). And you will hear the positions of both sides of the case.

Special Episode - 4th Amendment Privacy (12/24/2012):

Happy Holidays! On this episode we discuss one of the most closely guarded American values - personal privacy. We consider the major cases that establish the outer boundaries of police conduct infringing upon personal privacy and prepare you for the upcoming decision in Florida v. Jardines, a case about whether police may bring drug detection dogs to sniff at your front door without a warrant. This episode contains explicit language at the very beginning of the episode, but is clean after the 20 second mark.

The Gay Marriage Cases: A Primer (12/15/2012):

We discuss two cases granted review concerning the constitutionality of two anti-gay marriage laws. The cases are United States v. Windsor, which challenges a federal law - the Defense of Marriage Act (DOMA) and Hollingsworth v. Perry, which challenges an amendment to the California State Constitution, enacted by Proposition 8, a ballot initiative.

This Week at the United States Supreme Court (12/08/2012):

When the ex-wife of a US soldier wins an order in a US District Court under a treaty to take their child back to her home country of Scotland, may the father appeal the order or is the case automatically mooted because the child is no longer within the court's jurisdiction? When the government releases water from a dam causing temporary flooding and damage to land downstream does it constitute a taking requiring just compensation? Did the Supreme Court err in refusing to grant an appeal by a convicted murder sentenced to death who suffered a "most severe and unimaginable level of physical and mental abuse" as a child" - Justice Sotomayor thinks so. Is LA County liable under the Clean Water Act for polluting a river by maintaining dirty storm water sewer systems or is it saved by the construction of a single word in the act?

Special Episode - Are Human Genes Patentable? (12/07/2012):

How should those who discover new processes of identifying and isolating human genes be rewarded for their work without hindering further research and a patient's ability to get a second opinion? We consider the case law and the morality of one of the most interesting questions the Supreme Court will be confronting this term.

This Week at the United States Supreme Court (11/30/2012):

Can employers be held vicariously liable for harassment by employees they empower to oversee a victim's work but not with the power to take formal employment actions against the victim? May states abolish the insanity defense? Does Obamacare violate the rights of religious institutions by creating the risk that their money might be spent by beneficiaries to procure care violate of the religious beliefs of the institutions?

This Week at the United States Supreme Court (11/16/2012):

Does the Constitution permit the state to collect DNA samples from persons arrested for serious crimes without a warrant? Is Section 5 of the Voting Rights Act of 1965, which singles out states identified in 1964 as discriminating against eligible voters for special treatment, still a valid exercise of constitutional powers 47 years later? When sentencing courts consider sentencing guidelines in effect at the time of sentencing that suggest a higher sentence than would have been recommended at the time of the underlying offense, do they run afoul of the constitutional prohibition against Ex Post Facto laws?

This Week at the United States Supreme Court (11/09/2012):

Are you still entitled to attorney's fees under a fee shifting statute if you lose on your monetary damages claim but prevail on your request for a permanent injunction? When seeking certification of a shareholder class action based on the fraud-on-the-market theory are you required to prove that the purported misrepresentations that caused you and your class to buy at an inflated price were material or is materiality a merits issue not relevant at the certification stage?

This Week at the United States Supreme Court (11/03/2012):

Can police bring a dog to your front door to smell for narcotics without probable cause? Does the first-sale doctrine apply to goods acquired abroad? Do law abiding U.S. citizens and residents have standing to challenge the possible interception of their international communications authorized under the Foreign Intelligence Surveillance Act? How should the IRS determine whether you should receive a credit for the payment of a foreign tax? Should a habeas petitioner with a credible claim of actual innocence who missed their filing deadline have to separately prove an extraordinary circumstance for the delay?

Justice Thomas: A Comprehensive Retrospective (10/27/2012):

We trace the rise of one of the more unique justices to serve on the Court. From a childhood that began in a shanty with no bathroom and a single light bulb to a successful career in Washington, DC, the life of Justice Thomas is riveting at nearly every turn. He is the current Court's only southerner and only black justice and he has developed a unique jurisprudence that many scholars believe has persuaded many of his colleagues to alter their approach.

This Week at the United States Supreme Court (10/17/2012):

Is an Arizona voter ID law preempted by federal law?

This Week at the United States Supreme Court (10/12/2012):

What constitutes a critical mass of underrepresented minority students at higher education institutions and once achieved must such institutions discontinue their affirmative action programs? Does federal law require the deportation of a 24-year permanent legal resident for possessing 1.3 grams of marijuana (equivalent to the weight a half of a single penny)? May a state deny citizens of other states access to public records that it permits its own citizens to access?

This Week at the United States Supreme Court (10/06/2012):

May citizens of a foreign country living in the United States sue a foreign corporation doing business in the United States under the Alien Tort Statute for atrocities perpetrated against them by the corporation in their country of origin? May the police forcibly draw blood from a suspected drunk driver without a warrant? Is a houseboat a "vessel" for purposes of federal maritime jurisdiction?

Introduction to the 2012-2013 Term (09/28/2012):

As the Court prepares for the start of the 2012-2013 term on Monday, we prepare you for some of the more interesting issues the Court is expected to confront this term.

Special Episode - Campaign Finance Law (02/16/2012):

The First Amendment ensures that all who speak, popular and unpopular alike, are protected, and that the solution to any unfavored speech is more speech not less. The utility of that First Amendment ethos, however, has long been called into question when the corrupting influence of corporate and union money in elections is at issue. In this episode, we explore the history of campaign finance law in the United States and the landmark Supreme Court cases that have defined the outer boundaries of legislative powers in this area.

OPINION

Bowman v. Monsanto Co.

Does patent exhaustion permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission?

REPORTER: Josh Kleiman

OPINION

Bullock v. BankChampaign

What does the term “defalcation” in the Bankruptcy Code mean and does it require a scienter requirement?

REPORTER: David Dean

CERTIORARI GRANTED

Burnside v. Walters

Whether the Sixth Circuit erred in holding that the in forma pauperis statute, 28 U.S.C. § 1915(e)(2), prohibits indigent plaintiffs from amending their complaints.

REPORTER: Lora Johns

EXPLORE AND LEARN

Explore The Constitution

WHAT DOES THIS LANGUAGE MEAN?
FREE SPEECH: Congress shall make no law . . . abridging the freedom of speech. (learn more)

Hot Button Issues

WHAT IS THIS LEGAL ISSUE REALLY ABOUT?
GAY RIGHTS: Does the Constitution protect homosexuals against discrimination? (learn more)

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Test Your Knowledge

How Well Do You Know Your Chief Justices?

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Little Known Facts

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Personalities on the Bench

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Women and the Court

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Education Law

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CHARTS & STATS

Cases Granted
10/01/2012 - 09/30/2013
61
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Cases Decided
10/01/2012 - 09/30/2013
46
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Days Grant to Opinion, Average
10/01/2011 - 09/30/2012
229
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Circuit of Origin Frequency
01/01/2012 - 09/30/2013

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Oral Argument Input by Justice
10/01/2012 - 09/30/2013

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Top Ten Cases by Amicus Curiae Interest
10/01/2012 - 09/30/2013

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DOCKET

RECENT GRANTS OF CERTIORARI

DATE CASE ISSUE CIR.
05-15-13 Heimeshoff v. Hartford Life & Accident Insurance Co. and Wal-Mart Stores, Inc. SOL for Disability Adverse Benefit Determination under ERISA 2nd
05-13-13 Burnside v. Walters Amending In Forma Pauperis Complaints 6th
04-29-13 Burrage v. United States Distribution of Drugs Causing Death and the Meaning of Causing 8th
04-22-13 DaimlerChrysler AG v. Bauman Personal Jurisdiction Over Foreign Corporation 9th
04-15-13 Sprint Communications Company v. Jacobs Younger abstention 8th
04-01-13 Atlantic Marine Construction Co., Inc., v. J-Crew Management, Inc. Forum-Selection Clause 5th
04-01-13 Marshall v. Rodgers Clearly Established Federal Law in State Habeas Case 9th
go to archive

RECENT OPINIONS

DATE VOTE CASE ISSUE
05-13-13 9-0 Bullock v. BankChampaign Defalcation in Bankruptcy
05-13-13 9-0 Dan's City Used Cars, Inc. v. Pelkey Federal Preemption
05-13-13 9-0 Bowman v. Monsanto Co. Patent Exhaustion
04-29-13 5-4 Boyer v. Louisiana Failure to Speedily Provide Indigent Counsel
04-29-13 9-0 McBurney v. Young Right to Public Records for Out-of-State Citizens
04-23-13 7-2 Moncrieffe v. Holder Aggravated Felony Deportation
04-17-13 9-0 Kiobel v. Royal Dutch Petroleum Corporate Liability Under Alien Tort Statute
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RECENT ORAL ARGUMENTS

DATE CASE ISSUE
04-24-13 Univ. of TX Southwestern Med. Center v. Nassar Title VII Standard of Proof
04-24-13 Metrish v. Lancaster Retroactivity of Abolished Diminished-Capacity Defense
04-23-13 Tarrant Regional Water District v. Herrmann Interstate Compacts Governing Access to Water
04-23-13 Sekhar v. United States Intangible Property Extortion
04-22-13 Hillman v. Maretta Federal Preemption
04-22-13 Agency for International Development v. Alliance for Open Society International, Inc. First Amendment
04-17-13 United States v. Kebodeaux Sex Offender Registration
go to archive