Supreme Court Decision Syllabus (SCOTUS Podcast)

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Calcutt v. FDIC (Administrative Review) May 22, 2023

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The Supreme Court reversed the Sixth Circuit Court of Appeals, reasoning that the Court of Appeals must reverse the administrative agency if it reaches the same outcome for a different reason. Once an administrative agency has made an error of law, the decision must be remanded back to the administrative agency. Per Curiam. Read by Jake Leahy.

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Andy Warhol Foundation v. Goldsmith (Copyright Fair Use) May 20, 2023

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In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al., the Supreme Court ruled that the commercial licensing of a derivative artwork by Andy Warhol, based on a copyrighted photograph taken by Lynn Goldsmith, did not qualify as fair use. The case involved the licensing of Warhol's "Orange Prince" image. This well-known image includes a silkscreen portrait of musician Prince, which was derived from Goldsmith's photograph. The Court found that despite adding new expression, meaning, or message to the photograph, the purpose and character of the use were not sufficiently distinct from the original work. Held: the “purpose and character” of the Warhol' use of Goldsmith’s original photograph in commercially licensing Orange Prince to Condé Nast does not favor Warhol's fair use defense to copyright infringement. Justice Sotomayor delivered the Opinion of the Court. Justice Kagan filed a dissenting Opinion, which Chief Justice Roberts joined. Read by guest host Jeff Barnum.

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Ohio Adjutant General’s Dept. v. FLRA (Labor) May 20, 2023

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In Ohio Adjutant General's Department v. FLRA, the Supreme Court ruled that the Federal Service Labor-Management Relations Statute (FSLMRS) grants jurisdiction to the Federal Labor Relations Authority (FLRA) over labor disputes involving state National Guards when they hire and supervise dual-status technicians in their civilian roles. These technicians are both employed by the Ohio National Guard, as well as the Army and the Air Force. The Court's decision was based on three main reasons, 1.) statutory terms, 2.) the authority granted to the Ohio Adjutant General, and 3.) the historical precedent of federal agency-employee relations. Justice Thomas delivered the Opinion of the Court (7-2), Justice Alito filed a dissent, in which Justice Gorsuch joined. Read by guest host Jeff Barnum.

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Gonzalez v. Google (Section 230) May 19, 2023

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On the same day, the Court released its decision in Twitter v. Taamneh. The Court largely disposed of the claims in Twitter, stating that Taamneh had failed to state a claim under the federal statute. Here, the Court in its per curiam opinion, writes that it need not consider the veracity of the Section 230 claims because Twitter'sreasoning requires disposal of the claims here. Read by Jake Leahy.

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Amgen Inc. v. Sanofi (Patent) May 19, 2023

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The patent requires certain particularity, such that any person skilled in the craft would be able to manufacture, make, construct, or use the invention. The Court held that Amgen's patent failed to provide the detail required to protect its interest, in part, because the patent applies to a wide range of antibodies and requires a certain level of trial/error for a skilled person to replicate it. A pharmaceutical patent case. Gorsuch delivered the opinion of the unanimous Court. Read by Jake Leahy. Contact us at scotusdecisions@gmail.com.

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Twitter v. Taamneh (Aiding and Abetting ISIS) May 19, 2023

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Taamneah brought suit against social media companies, alleging that the companies were "aiding and abetting" ISIS by providing a platform and recommendations to the companies. HELD: The social media companies did not knowingly aid and abet ISIS, and therefore, no claim can be brought under the Anti-Terrorism Act.

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Polselli v. IRS (Tax Summons) May 19, 2023

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Chief Justice Roberts writes for the majority in this case: "As an old joke goes: 'I believe we should all pay taxes with a smile. I tried but they wanted cash.'"
The IRS is authorized by statute to issue a summons to third parties to aid in the "collection" of an assessment against a taxpayer. There are certain notice requirements and exceptions to the requirements as they pertain to summonses. The question presented is whether the statute requires notice when a summons is issued to a third-party, or if notice is only required to the taxpayer in an account where the taxpayer holds a beneficial interest. HELD: The exception to the notice requirement in §7609(c)(2)(D)(i) does not only apply if the delinquent taxpayer has a legal interest in summons issued by the IRS.

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National Pork Producers v. Ross (Dormant Commerce Clause) May 14, 2023

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In National Pork Producers v. Ross, the Supreme Court reviewed whether California's Proposition 12 regulatory requirements relating to conditions for in-state pork sales unconstitutionally interfered with out-of-state businesses in violation of the dormant commerce clause.
From Justice Gorsuch's majority opinion: "Assuredly, under this Court’s dormant Commerce Clause decisions, no State may use its laws to discriminate purposefully against out-of-state economic interests. But the pork producers do not suggest that California’s law offends this principle. Instead, they invite us to fashion two new and more aggressive constitutional restrictions on the ability of States to regulate goods sold within their borders. We decline that invitation. While the Constitution addresses many weighty issues, the type of pork chops California merchants may sell is not on that list."
Read by guest host Ryan Barnum.

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Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (Sovereign Immunity) May 14, 2023

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"The question presented is whether the statute categorically abrogates (legalspeak for eliminates) any sovereign immunity the board enjoys from legal claims. We hold it does not. Under long-settled law, Congress must use unmistakable language to abrogate sovereign immunity. Nothing in the statute creating the board meets that high bar." (First paragraph of Justice Kagan's majority opinion).
The Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA) was enacted in 2016 to address Puerto Rico's financial crisis, established the Board as an entity within the territorial government of Puerto Rico. The Court held that nothing in PROMESA explicitly abrogates the Board's immunity, and Congress must clearly state if its intent to do so.
The Court emphasized that PROMESA does not provide for suits against the Board or Puerto Rico, nor does it create a cause of action. Although certain provisions in PROMESA reference judicial review and declaratory relief, they do not indicate a general abrogation of the Board's immunity. The Court concluded that the statutory language and the Board's protections are consistent with the retention of sovereign immunity.
Read by Jake A. Leahy. Feel free to shoot the podcast an email at scotusdecisions@gmail.com.

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Percoco v. United States (Jury Instructions) May 14, 2023

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In Percoco v. United States, the Supreme Court considered whether a private citizen with influence over government decision-making can be convicted for wire fraud on the theory that he or she deprived the public of its “intangible right of honest services.” Joseph Percoco, former Executive Deputy Secretary to New York Governor Andrew Cuomo, was charged with conspiracy to commit honest-services wire fraud. Percoco accepted payments while on hiatus from government service to assist a real-estate development company (while he was running Governor Cuomo's re-election campaign for eight months).
The trial court instructed the jury based on the Second Circuit's 1982 decision in Margiotta, which held that a private person can commit honest-services fraud if they dominate and control government decisions. The Supreme Court ruled that instructing the jury based on Margiotta was an error, stating that the Margiotta theory was overly vague and lacked sufficient clarity. Reversed and remanded. Read by Jake A. Leahy.

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