Stephen A Miller

October 07, 2024 | The Legal Intelligencer

The U.S. Supreme Court justices return from their annual summer vacation to an exciting docket. They will examine interesting questions in several areas of law.

By Stephen A. Miller

8 minute read

April 26, 2024 | The Legal Intelligencer

A pair of cases before the U.S. Supreme Court will shape the future of social media content. Both cases—Moody v. NetChoice and NetChoice v. Paxton—present novel questions about the free speech protections available to social media platforms under the First Amendment.

By Stephen A. Miller and Pamela Dorian

4 minute read

March 01, 2024 | The Legal Intelligencer

The U.S. Supreme Court is currently considering its most consequential challenge to "the administrative state" in decades. In Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the petitioners are fishermen who challenged a specific regulation concerning a requirement to host observers on herring fishing boats.

By Stephen A. Miller and Andrew D. Linz

6 minute read

January 04, 2024 | The Legal Intelligencer

In McElrath v. Georgia, the Supreme Court will decide whether the double jeopardy clause bars retrial of a defendant who was both convicted and acquitted in an inconsistent or "repugnant" verdict.

By Stephen A. Miller and Lauren Freeman

4 minute read

November 30, 2023 | The Legal Intelligencer

The U.S. Supreme Court will resolve this Second Amendment dispute—and attempt to clarify the scope of the Bruen test—in United States v. Rahimi.

By Stephen A. Miller and Taylor Malatesta

5 minute read

November 01, 2023 | The Legal Intelligencer

The U.S. Supreme Court agreed to review Acheson Hotels v. Laufer to clarify the requirements of Article III standing for claims brought under the Americans with Disability Act. At oral argument on Oct. 4, however, the issue of mootness took center stage and may deprive litigants of an answer on the ADA-standing question.

By Stephen A. Miller and Leigh Ann Benson

6 minute read

October 03, 2023 | The Legal Intelligencer

The U.S. Supreme Court has been in the news lately for all the wrong reasons. Against that backdrop, the justices will surely be happy to turn their focus to the interesting legal questions that fill the court's docket.

By Stephen A. Miller

6 minute read

April 17, 2023 | The Legal Intelligencer

The U.S. Supreme Court is considering a challenge to the honest-services-fraud statute, 18 U.S.C. Section 1346. In Percoco v. United States, the court must determine whether the statute applies only to public officials, or if it can apply to private citizens acting with influence over public officials.

By Stephen A. Miller and Catherine C. Yun

5 minute read

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