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Denezpi v. United States & Ysleta Del Sur Pueblo v. Texas - Post-Decision SCOTUScast Jul 28, 2022

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On June 13 and 15, 2022, the Supreme Court decided Denezpi v. United States and Ysleta del Sur Pueblo v. Texas respectively. Both cases dealt with issues of Native American law. In Denezpi, a 6-3 Court ruled that the double jeopardy clause does not bar successive prosecutions of distinct offenses arising from a single act, in a case where a man was prosecuted in both a federal district court and a Court of Indian Offenses. In Ysleta, the Court ruled 5-4 that the state of Texas could not control gambling activities on the lands of the Ysleta del sur Pueblo Native tribe.
Featuring:
Anthony J. Ferate, Of Counsel, Spencer Fane LLP
Jennifer Weddle, Shareholder, Greenberg Traurig

Cameron v. EMW Women's Surgical Center - Post-Decision SCOTUScast Jul 27, 2022

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On March 3, 2022, the U.S. Supreme Court decided Cameron v. EMW Women's Surgical Center. Writing for the 8-1 majority, Justice Samuel Alito explained how the the U.S. Court of Appeals for the Sixth Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, related to the rights of the unborn. Justice Thomas filed a concurring opinion. Justice Kagan filed an opinion concurring in the judgment, in which Justice Breyer joined. Justice Sotomayor filed a dissenting opinion.
Featuring:
Philip D. Williamson, Partner, Taft, Stettinius & Hollister LLP

United States v. Tsarnaev - Post-Decision SCOTUScast Jul 27, 2022

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On March 4, 2022, the U.S. Supreme Court decided United States v. Tsarnaev. In a 6-3 decision, the Court reversed the judgment of the U.S. Court of the Appeals for the First Circuit, holding that the court improperly vacated Dzhokhar Tsarnaev's capital sentences.
The Court held that the judge's conduct of voir dire conformed to its precedents and reversed the First Circuit's holding that the judge had violated a rule established by that circuit under its supervisor power. The Court held that courts of appeals have no power to circumvent or supplement legal standards established in Supreme Court precedents.
The Court also held that the judge was within his authority to exclude from the penalty trial hearsay evidence of Tsarnaev's brother's involvement in an unrelated murder. The Court rejected the argument that the Eighth Amendment requires admission of all mitigating evidence no matter how dubious or how weakly mitigating.
Justice Thomas delivered the opinion of the court, in which Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh, and Barrett joined. Barrett filed a concurring opinion, in which Gorsuch joined. Justice Breyer filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.
Featuring:
Kent Scheidegger, Legal Director, Criminal Justice Legal Foundation

Carson v. Makin - Post-Decision SCOTUScast Jul 26, 2022

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On June 21, 2022, the Supreme Court decided Carson v. Makin. In a 6-3 opinion, the Court reversed and remanded the judgment of the U.S. Court of Appeals for the First Circuit. The Court held that Maine's "nonsectarian" requirement for otherwise generally available tuition assistance payments to parents who live in school districts that do not operate a secondary school of their own violates the free exercise clause of the First Amendment.
Chief Justice Roberts delivered the opinion of the Court. Justice Breyer filed a dissenting opinion, in which Justice Kagan joined, and in which Justice Sotomayor joined as to all but Part I-B. Justice Sotomayor filed a dissenting opinion. Please join our legal expert to discuss the case, the legal issues involved, and the implications going forward.
Featuring:
Arif Panju, Managing Attorney, Institute for Justice

New York State Rifle & Pistol Association Inc. v. Bruen - Post-Decision SCOTUScast Jul 26, 2022

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On June 23, 2022, the Supreme Court decided New York State Rifle & Pistol Association Inc. v. Bruen. In a 6-3 decision, the Court struck down New York’s handgun licensing law that required New Yorkers to demonstrate a “proper cause” in order to be granted a license to carry a pistol or revolver in public. The petitioners, Brandon Koch and Robert Nash, were denied licenses to carry a firearm in public after listing their generalized interest in self-defense as the reason for seeking the license. New York denied their license application because a generalized interest in self-defense failed to satisfy the state’s proper cause requirement. Both men sued, claiming that New York had violated their Second Amendment and Fourteenth Amendment rights in doing so. A district court dismissed their claims, and the U.S. Court of Appeals for the Second Circuit affirmed.
Justice Thomas delivered the opinion of the Court, in the first major case on firearms regulation that the Court has considered in over a decade. Please join our legal expert to discuss the case, the legal issues involved, and the implications for the future of firearm regulation in America.
Featuring:
Prof. Mark W. Smith, Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology, University of Oxford; Presidential Scholar and Senior Fellow in Law and Public Policy, The King’s College; Distinguished Scholar and Senior Fellow of Law and Public Policy, Ave Maria School of Law

Patel v. Garland - Post-Decision SCOTUScast Jul 08, 2022

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On May 16, 2022 the Court decided Patel v. Garland, holding that Federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 U.S.C. § 1252(a)(2). The judgment of the 11th circuit was affirmed, 5-4, in an opinion by Justice Barrett. Justice Gorsuch filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined. Joining today to discuss this decision and its implications is Kelly Holt, associate in the Issue and Appeals practice at Jones Day.

Golan v. Saada - Post-Decision SCOTUScast Jul 08, 2022

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On June 15, 2022 the Court decided Golan v. Saada, holding that a court is not categorically required to examine all possible ameliorative measures before denying a Hague Convention petition for return of a child to a foreign country once the court has found that return would expose the child to a grave risk of harm. Joining today to discuss this case is Professor Margaret Ryznar of Indiana University’s McKinney School of Law.

Vega v. Tekoh - Post-Decision SCOTUScast Jul 08, 2022

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On June 23rd, the Court decided Vega vs. Tekoh, a case which concerned whether an un-mirandized statement against a defendant in a criminal proceeding violates the fifth amendment and might support a section 1983 claim against the officer who obtained the statement. Joining today to discuss the Court’s decision is Misha Tseyltin, partner at Troutman Pepper and leader of the firm’s national Appellate and Supreme Court Practice Group.

Viking River Cruises v. Moriana - Post-Argument SCOTUScast Jun 08, 2022

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On March 30th, the Court heard oral argument in Viking River Cruises, Inc. vs. Moriana, a case which concerned whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under the California Private Attorneys General Act. With a decision likely to be rendered in the coming weeks and months, Theane Evangelis, partner in the Los Angeles office of Gibson, Dunn and Co-Chair of the firm’s global Litigation Practice Group, joins the program to give analysis.

Siegel v. Fitzgerald - Post-Argument SCOTUScast Jun 08, 2022

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In April, 2022, the Court heard arguments in Siegel v. Fitzgerald, a bankruptcy case concerning fee increase exemptions in two states. Joining today to discuss the argument is Allyson Ho, partner in the Dallas Office of Gibson, Dunn, & Crutcher and co-chair of the Firm’s nationwide Appellate and Constitutional Law practice group.
Stay tuned for the post-decision episode of this case!

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