U.S. Supreme Court Case Commentaries

Nonretroactive Sentencing Amendments Are Not “Extraordinary and Compelling” Reasons for Compassionate Release

Date: Jun 2, 2026

Nonretroactive Sentencing Amendments Are Not “Extraordinary and Compelling” Reasons for Compassionate Release Case: Rutherford v. United States (consolidated with Johnnie Markel Carter v. United...

FAA §1 Covers Intrastate Legs of Interstate Journeys Without a Cross-Border or “Vehicle-Interaction” Requirement

Date: Jun 2, 2026

FAA §1 Covers Intrastate Legs of Interstate Journeys Without a Cross-Border or “Vehicle-Interaction” Requirement 1. Introduction Flowers Foods, Inc. v. Brock (608 U. S. ___ (2026)) addresses the...

Pitchford v. Cain: No Batson-Step-Three Waiver When the Trial Court Cuts Off Rebuttal and Assures Preservation

Date: Jun 2, 2026

No Waiver of Batson Step-Three Rebuttal When the Trial Court Prevents Argument and Confirms the Objection Is Preserved Case: Pitchford v. Cain (U.S. Supreme Court, May 28, 2026) | Citation: 608 U. S....

Fernandez v. United States (2026): Compassionate Release Cannot Be Used to Collaterally Attack a Federal Conviction; Such Challenges Must Proceed Under 28 U.S.C. §2255

Date: Jun 2, 2026

Compassionate Release Cannot Be Used to Collaterally Attack a Federal Conviction; Such Challenges Must Proceed Under 28 U. S. C. §2255 Fernandez v. United States, 608 U. S. ___ (2026) (Barrett, J.) —...

Margolin v. NAIJ (2026): Party Presentation Limits Appellate Courts from Sua Sponte Reopening CSRA Channeling Based on MSPB “Functioning” Concerns

Date: May 27, 2026

Margolin v. NAIJ (2026): Party Presentation Limits Appellate Courts from Sua Sponte Reopening CSRA Channeling Based on MSPB “Functioning” Concerns Introduction Margolin v. National Association of...

Title III “Tainted Property” Rule: Trafficking Liability Attaches to Use of Confiscated Physical Property Even When the Plaintiff’s Interest Was Time-Limited

Date: May 23, 2026

Title III “Tainted Property” Rule: Trafficking Liability Attaches to Use of Confiscated Physical Property Even When the Plaintiff’s Interest Was Time-Limited 1. Introduction Havana Docks Corp. v....

No Supreme Court Rule on Aggregating Multiple IQ Scores Under Atkins (Certiorari Dismissed as Improvidently Granted)

Date: May 23, 2026

No Supreme Court Rule on Aggregating Multiple IQ Scores Under Atkins (Certiorari Dismissed as Improvidently Granted) Case: Hamm v. Smith, 608 U. S. ____ (2026) (per curiam) Court / Date: U.S. Supreme...

ERISA Withdrawal Liability: Actuarial Assumptions Need Not Be Adopted by the Measurement Date

Date: May 23, 2026

ERISA Withdrawal Liability: Actuarial Assumptions Need Not Be Adopted by the Measurement Date 1. Introduction M & K Employee Solutions, LLC, et al. v. Trustees of the IAM National Pension Fund (608...

Equitable Stays and “Irreparable Harm” Based on Unlawful-Use Profits in the Mifepristone REMS Dispute

Date: May 20, 2026

Equitable Stays and “Irreparable Harm” Based on Unlawful-Use Profits in the Mifepristone REMS Dispute 1. Introduction Danco Laboratories, LLC and GenBioPro, Inc.—manufacturers/distributors of...

Emergency Stay Preserving the FDA’s 2023 Mifepristone REMS Pending Review—Irreparable-Harm Limits and Comstock Act Warnings in Danco Laboratories, LLC v. Louisiana

Date: May 19, 2026

Emergency Stay Preserving the FDA’s 2023 Mifepristone REMS Pending Review—Irreparable-Harm Limits and Comstock Act Warnings in Danco Laboratories, LLC v. Louisiana Introduction These consolidated...

Section 3 Stay as a Jurisdictional Anchor: Federal Courts May Confirm or Vacate §9/§10 Awards in the Same Pending Case

Date: May 19, 2026

Section 3 Stay as a Jurisdictional Anchor: Federal Courts May Confirm or Vacate §9/§10 Awards in the Same Pending Case Case: Jules v. Andre Balazs Properties et al. (608 U. S. ___) (2026) Court: U.S....

FAAAA Safety Exception Preserves Negligent-Hiring Tort Claims Against Transportation Brokers “With Respect to Motor Vehicles”

Date: May 19, 2026

FAAAA Safety Exception Preserves Negligent-Hiring Tort Claims Against Transportation Brokers “With Respect to Motor Vehicles” Case: Montgomery v. Caribe Transport II, LLC (U.S. Supreme Court) Date:...

Allen v. Caster (2026): GVR Vacatur and Remand of Redistricting Judgments for Reconsideration Under Louisiana v. Callais’s New §2 Voting Rights Act Standard

Date: May 12, 2026

Allen v. Caster (2026): GVR Vacatur and Remand of Redistricting Judgments for Reconsideration Under Louisiana v. Callais’s New §2 Voting Rights Act Standard 1. Introduction Allen v. Caster arises...

Louisiana v. Callais (2026): §2 Compliance as a Compelling Interest, Recast Through an “Updated Gingles” Framework

Date: May 6, 2026

Louisiana v. Callais (2026): §2 Compliance as a Compelling Interest, Recast Through an “Updated Gingles” Framework 1. Introduction Louisiana v. Callais arose from Louisiana’s post-2020-census...

Expedited Supreme Court Judgment Issuance Under Rule 45.3 in Ongoing Election Disputes (Callais v. Louisiana)

Date: May 5, 2026

Expedited Supreme Court Judgment Issuance Under Rule 45.3 in Ongoing Election Disputes (Callais v. Louisiana) Introduction Callais v. Louisiana arises from emergency, post-merits litigation effects...

Louisiana v. Callais: Voting Rights Act Compliance Justifies Race-Based Districting Only Under a Narrowed, Politics-Controlled Section 2 Framework

Date: May 2, 2026

Louisiana v. Callais: Voting Rights Act Compliance Justifies Race-Based Districting Only Under a Narrowed, Politics-Controlled Section 2 Framework Introduction Louisiana v. Callais addresses a...

Donor-Disclosure Subpoenas Create Present First Amendment Injury for Article III Standing

Date: May 1, 2026

Donor-Disclosure Subpoenas Create Present First Amendment Injury for Article III Standing Case: First Choice Women's Resource Centers, Inc. v. Davenport Court: U.S. Supreme Court | Date: April 29,...

§1446(b)(1)’s 30-Day Civil Removal Deadline Is Not Subject to Equitable Tolling

Date: Apr 24, 2026

§1446(b)(1)’s 30-Day Civil Removal Deadline Is Not Subject to Equitable Tolling Introduction Enbridge Energy, LP v. Nessel (608 U. S. ___ (2026)) arose from Michigan’s efforts to halt operation of...

Hencely v. Fluor Corp.: No Combat-Zone “Battlefield Preemption” for Contractor Negligence Absent Government Authorization

Date: Apr 24, 2026

Hencely v. Fluor Corp.: No Combat-Zone “Battlefield Preemption” for Contractor Negligence Absent Government Authorization Introduction In Hencely v. Fluor Corp. (608 U. S. ___ (2026)), the Supreme...

Totality-of-the-Circumstances Requires Considering the “Whole Picture” in Reasonable-Suspicion Stops (No “Excising” Key Facts)

Date: Apr 22, 2026

Totality-of-the-Circumstances Requires Considering the “Whole Picture” in Reasonable-Suspicion Stops (No “Excising” Key Facts) 1. Introduction District of Columbia v. R.W. (U.S. Supreme Court, Apr....