Stephen A. Miller

May 02, 2019 | The Legal Intelligencer

The U.S. Supreme Court is considering whether to limit the power of administrative agencies. 'Kisor v. Wilkie,' which was argued last month, is a head-on challenge to the deference afforded to an agency when interpreting its own regulations.

By Stephen A. Miller and Leigh Ann Benson

5 minute read

March 28, 2019 | The Legal Intelligencer

The U.S. Supreme Court is currently considering whether a jury—as opposed to a judge—must make certain findings of fact necessary to revoke a defendant's supervised release

By Stephen A. Miller and Matthew Ohlheiser

5 minute read

March 06, 2019 | The Legal Intelligencer

The 21st Amendment ended Prohibition in 1933, but the amendment took center stage recently at the U.S. Supreme Court. The justices considered whether the amendment provided an exception to the dormant commerce clause, which disfavors state interference in interstate commerce.

By Stephen A. Miller and Max E. Kaplan

6 minute read

February 06, 2019 | The Legal Intelligencer

The Supreme Court is considering whether a state can be haled into another state's courts without its consent. In January, the court heard oral argument in Franchise Tax Board of California v. Hyatt, a case that will resolve whether the Constitution grants each state immunity from suit in foreign states' courts.

By Stephen A. Miller and Chase A. Howard

6 minute read

January 09, 2019 | The Legal Intelligencer

The Supreme Court is currently re-considering the separate sovereigns exception to the Fifth Amendment's Double Jeopardy Clause. This doctrine, which has existed for nearly 200 years, allows a state government to bring charges for conduct that has already been the subject of federal prosecution (and vice versa).

By Stephen A. Miller and Leigh Ann Benson

5 minute read

December 05, 2018 | The Legal Intelligencer

The U.S. Supreme Court is considering whether the Eighth Amendment's prohibition against cruel and unusual punishment bars the execution of an inmate suffering severe dementia.

By Stephen A. Miller and Rachel Collins Clarke

5 minute read

December 05, 2018 | Litigation Daily

The U.S. Supreme Court is considering whether the Eighth Amendment's prohibition against cruel and unusual punishment bars the execution of an inmate suffering severe dementia.

By Stephen A. Miller and Rachel Collins Clarke

5 minute read

November 08, 2018 | The Legal Intelligencer

The Supreme Court is considering a consolidated action presenting questions of liability for asbestos injuries caused by bare-metal products.

By Stephen A. Miller and Leigh Ann Benson

5 minute read

October 10, 2018 | The Legal Intelligencer

The Supreme Court is considering a challenge to a sex-offender registration law that could have wide-ranging consequences for the structure of the federal government. The eight-member court heard oral argument on the second day of its new term in Gundy v. United States.

By Stephen A. Miller and Andrew D. Linz

6 minute read

September 28, 2018 | The Legal Intelligencer

The U.S. Supreme Court will spring back into action this month with a roster of eight. The first batch of cases chosen for review lack the “wow” factor of several of last term's cases, but they nonetheless present several interesting issues.

By Stephen A. Miller

6 minute read