Stephen A. Miller

March 02, 2023 | The Legal Intelligencer

The court would clearly prefer that Congress update its statutory framework for the modern digital world. Until it does, however, the court is likely to continue to face difficult questions about the application of Section 230 to an online world that no longer resembles what Congress originally regulated.

By Stephen A. Miller and Andrew D. Linz

6 minute read

February 01, 2023 | The Legal Intelligencer

The U.S. Supreme Court will once again consider the issue of gerrymandering in Merrill v. Milligan. The litigation centers on the congressional districts drawn along the southern half of Alabama, known as the Black Belt due to its fertile dark soil.

By Stephen A. Miller and Pamela Dorian

5 minute read

January 04, 2023 | The Legal Intelligencer

Judicial challenges to federal elections have become commonplace, most notably in former President Donald Trump's efforts to circumvent the popular vote in 2020. One species of those frequent challenges involves the invocation of the Independent State Legislature theory.

By Stephen A. Miller and Pamela Dorian

4 minute read

December 01, 2022 | The Legal Intelligencer

In 'Jones v. Hendrix', the U.S. Supreme Court will determine if a federal inmate is permitted to petition for habeas corpus relief after the law he was convicted of violating changes, and those changes apply retroactively.

By Stephen A. Miller and Leigh Ann Benson

5 minute read

November 02, 2022 | The Legal Intelligencer

Later this month, the U.S. Supreme Court will hear argument in Ciminelli v. United States, a case that will decide whether a "right to control" assets in a viable theory of mail and wire fraud.

By Stephen A. Miller and Chase A. Howard

5 minute read

October 05, 2022 | The Legal Intelligencer

The court returns this month to a new docket of cases. Most of the popular attention will focus on high-profile questions of constitutional law, but the justices will decide interesting questions in several other areas of law.

By Stephen A. Miller

8 minute read

April 14, 2022 | The Legal Intelligencer

In Ruan v. United States, the U.S. Supreme Court will decide whether a jury should consider a doctor's subjective intent when assessing a potential violation of the Controlled Substances Act.

By Stephen A. Miller and Leigh Ann Benson

4 minute read

March 02, 2022 | The Legal Intelligencer

The U.S. Supreme Court is considering a case that tests the boundaries of the Second Amendment.

By Stephen A. Miller and Nathan J. Larkin

5 minute read

February 04, 2022 | The Legal Intelligencer

The U.S. Supreme Court is considering whether lower courts "must"—or "may"—consider intervening developments when adjudicating a request for a modified sentence.

By Stephen A. Miller and Catherine C. Yun

4 minute read

January 06, 2022 | The Legal Intelligencer

Courts across the country are divided on the contours of the "favorable termination" requirement; some courts require that criminal proceedings ended in a manner that affirmatively indicates innocence, while other courts ask only whether a criminal case ended in a manner "not inconsistent with innocence."

By Stephen A. Miller and Erica C. Pulford

4 minute read