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National Law Journal

Justices Will Clarify Federal Environmental Authority in Case Over Proposed Rail Line

The high court will decide whether the National Environmental Policy Act required the Surface Transportation Board to consider the effects of increased oil production anticipated by the rail line, though the STB has no regulatory authority over oil extraction and refinery operations.
5 minute read

National Law Journal

High Court Takes Up Firefighter's ADA Suit Over Health Insurance Policy

The question the justices have agreed to resolve is whether employees lose their right to sue for discriminatory benefits policies under the Americans with Disabilities Act when they leave their jobs.
4 minute read

Connecticut Law Tribune

'End of the Road'? SCOTUS Won't Hear Challenge to Connecticut Vaccine Law

"It is a classic battle of church vs. state," said Brian Festa, vice president and co-founder of We The Patriots USA, one of the plaintiffs.
4 minute read

National Law Journal

Justices Will Consider Scope of Corporate Remedies for Trademark Infringement

The Supreme Court agreed to resolve "[w]hether an award of the 'defendant's profits' under the Lanham Act ... can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates."
3 minute read

National Law Journal

Supreme Court Agrees to Review Constitutionality of Tennessee's Ban on Trans Care for Minors

A key dispute in the case is what level of constitutional scrutiny to apply to the state's law: a rigorous form known as "heightened scrutiny" or a more lenient type of "rational-basis" review. The circuit court applied the latter and found that the state could rationally concluded that SB1 was an appropriate response to risks from puberty blockers and hormone therapy.
3 minute read

National Law Journal

Sentence Enhancement Belongs to Juries, Not Judges, Says Divided Supreme Court

"Judges may not assume the jury's factfinding function for themselves, let alone purport to perform it using a mere preponderance-of-the-evidence standard," Justice Neil Gorsuch wrote for the majority.
4 minute read

National Law Journal

Justices Shut Down American's Fight for Noncitizen Spouse's Visa

The U.S. citizen failed to show her spouse's right to a visa is "deeply rooted in this Nation's history and tradition," Justice Amy Coney Barrett wrote for the majority. "In fact, Congress's longstanding regulation of spousal admissibility immigration ... cuts the other way."
4 minute read

National Law Journal

High Court Revives Confrontation Clause Claim Over 'Substitute Expert'

"When an expert conveys an absent analyst's statements in support of his opinion, and the statements provide that support only if true, then the statements come into evidence for their truth," Justice Elena Kagan wrote for the court.
4 minute read

National Law Journal

Supreme Court Upholds Federal Firearm Ban for Suspected Domestic Abusers

"When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed," Chief Justice John Roberts Jr. wrote for the 8-1 majority. Justice Clarence Thomas was alone in dissent.
5 minute read

National Law Journal

Justices Say 5th Circuit Erred in Retaliatory Arrest Case, Read Precedent Too Narrowly

Supreme Court precedent holds probable cause generally defeats a First Amendment claim for retaliatory arrest. But an exception exists when evidence shows "similarly situated" individuals would be treated differently by police.
4 minute read

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