U.S. Supreme Court Case Commentaries

Federal-Officer Removal: “Relating To” Requires a Close Wartime-Contract Connection, Not Contractual Specificity

Date: Apr 21, 2026

Federal-Officer Removal: “Relating To” Requires a Close Wartime-Contract Connection, Not Contractual Specificity I. Introduction Chevron USA Inc. v. Plaquemines Parish (608 U. S. ___ (2026))...

Chiles v. Salazar: Viewpoint-Based Regulation of Talk Therapy Triggers Rigorous First Amendment Scrutiny

Date: Apr 4, 2026

Viewpoint Discrimination in Talk Therapy: Conversion-Therapy Bans Applied to Pure Speech Require Searching First Amendment Scrutiny Commentary on Chiles v. Salazar, 607 U. S. ___ (2026) (Decided...

Like Defendants Alike: A Dissent’s Call to Extend Wearry’s Brady Remedy to Similarly Situated Codefendants

Date: Apr 3, 2026

Like Defendants Alike: A Dissent’s Call to Extend Wearry’s Brady Remedy to Similarly Situated Codefendants Case: Skinner v. Louisiana (U.S. Supreme Court, Mar. 30, 2026) — Sotomayor, J., dissenting...

Cox v. Sony: Knowledge of Subscriber Infringement Alone Cannot Establish Contributory Copyright Liability

Date: Mar 27, 2026

Knowledge of Infringement Is Not Enough: Contributory Copyright Liability Requires Inducement or an Infringement-Tailored Service Case: Cox Communications, Inc. v. Sony Music Entertainment Court:...

Rico v. United States: No Automatic “Fugitive Tolling” of Federal Supervised Release

Date: Mar 27, 2026

Rico v. United States (2026): No Automatic “Fugitive Tolling” or Extension of Federal Supervised Release Upon Abscondment I. Introduction Rico v. United States, 607 U. S. ___ (2026), resolved a...

Zorn v. Linton: Qualified Immunity Requires a Factually Specific “Held Unlawful” Precedent for Pain-Compliance Wristlocks Used After Warnings

Date: Mar 26, 2026

Zorn v. Linton: Qualified Immunity Requires a Factually Specific “Held Unlawful” Precedent for Pain-Compliance Wristlocks Used After Warnings Case: Jacob P. Zorn v. Shela M. Linton (U.S. Supreme...

Due Process and Postconviction DNA Testing: Noncontamination Rules Cannot Arbitrarily Bar Reliable Testing

Date: Mar 26, 2026

Due Process and Postconviction DNA Testing: Noncontamination Rules Cannot Arbitrarily Bar Reliable Testing Introduction Reed v. Goertz (U.S. Supreme Court, Mar. 23, 2026) reached the Court on a...

“Obvious Case” First Amendment Limits on Qualified Immunity for Arrests Targeting Routine Newsgathering (Sotomayor, J., dissenting from denial of certiorari)

Date: Mar 26, 2026

“Obvious Case” First Amendment Limits on Qualified Immunity for Arrests Targeting Routine Newsgathering (Sotomayor, J., dissenting from denial of certiorari) Introduction Villarreal v. Alaniz (No....

Olivier v. City of Brandon: Heck Does Not Bar Wholly Prospective §1983 Injunctions Against Future Enforcement

Date: Mar 24, 2026

Heck v. Humphrey Does Not Bar a §1983 Suit Seeking Only Prospective Relief Against Future Enforcement of the Statute of Conviction Case: Olivier v. City of Brandon, Mississippi, 607 U. S. ___ (2026)...

Galette v. New Jersey Transit Corp.: Corporate Separateness and Formal Treasury Liability Govern Arm-of-the-State Immunity

Date: Mar 6, 2026

Corporate Separateness and Formal Treasury Liability as the Core Test for Arm-of-the-State Immunity Introduction In Galette v. New Jersey Transit Corporation (607 U.S. ___ (2026)), the Supreme Court...

Substantial-Evidence Review Governs the BIA’s “Persecution” Determination Even on Undisputed Facts

Date: Mar 6, 2026

Substantial-Evidence Review Governs the BIA’s “Persecution” Determination Even on Undisputed Facts 1. Introduction Urias-Orellana v. Bondi (2026) resolves a circuit split over the standard of review...

Mirabelli v. Bonta (2026): Strict Scrutiny and Heightened Parental-Rights Review for School Gender-Transition Nondisclosure Policies

Date: Mar 5, 2026

Mirabelli v. Bonta (2026): Strict Scrutiny and Heightened Parental-Rights Review for School Gender-Transition Nondisclosure Policies I. Introduction Mirabelli v. Bonta (U.S. Supreme Court, March 2,...

PLRA Filing-Fee Cap as a Per-Case Limit: Indigent Prisoner Co-Plaintiffs Should Be Able to Split One §1914(a) Fee

Date: Mar 4, 2026

PLRA Filing-Fee Cap as a Per-Case Limit: Indigent Prisoner Co-Plaintiffs Should Be Able to Split One §1914(a) Fee I. Introduction Johnson v. High Desert State Prison reached the U.S. Supreme Court on...

Malliotakis v. Williams (2026): Treating a State High Court’s Refusal to Stay as a “Final Judgment” for §1257 and Using the All Writs Act to Halt Race-Directed Redistricting Remedies

Date: Mar 4, 2026

Malliotakis v. Williams (2026): Treating a State High Court’s Refusal to Stay as a “Final Judgment” for §1257 and Using the All Writs Act to Halt Race-Directed Redistricting Remedies Court: U.S....

Yearsley Is a Merits Defense (Not Derivative Sovereign Immunity): No Interlocutory Appeal from Denial Under Cohen

Date: Mar 3, 2026

Yearsley Is a Merits Defense (Not Derivative Sovereign Immunity): No Interlocutory Appeal from Denial Under Cohen Case: GEO Group, Inc. v. Menocal Citation: 607 U. S. ___ (2026) Court: U.S. Supreme...

Villarreal v. Texas: Content-Based Limits on Midtestimony Attorney–Client Consultation During Overnight Recesses

Date: Mar 3, 2026

Villarreal v. Texas: Content-Based Limits on Midtestimony Attorney–Client Consultation During Overnight Recesses U.S. Supreme Court (Feb. 25, 2026) — 607 U.S. ___ (2026) 1) Introduction Villarreal v....

Erroneous Dismissal of a Nondiverse Defendant Does Not Cure an Improper Removal: Vacatur Required; Rule 21 Cannot Defeat Plaintiff’s Forum Choice

Date: Feb 27, 2026

Erroneous Dismissal of a Nondiverse Defendant Does Not Cure an Improper Removal: Vacatur Required; Rule 21 Cannot Defeat Plaintiff’s Forum Choice I. Introduction Hain Celestial Group, Inc. v....

FTCA Postal Exception Covers Intentional Nondelivery: “Loss” and “Miscarriage” Include Willful Withholding of Mail

Date: Feb 27, 2026

FTCA Postal Exception Covers Intentional Nondelivery: “Loss” and “Miscarriage” Include Willful Withholding of Mail I. Introduction United States Postal Service et al. v. Konan (607 U. S. ___ (2026))...

IEEPA Does Not Authorize Presidential Tariffs: Tariffs as Taxing Power Require Clear Congressional Delegation

Date: Feb 25, 2026

IEEPA Does Not Authorize Presidential Tariffs: Tariffs as Taxing Power Require Clear Congressional Delegation Case: LEARNING RESOURCES, INC. v. TRUMP (consolidated with Trump v. V.O.S. Selections,...

IEEPA Does Not Authorize Presidential Tariffs: “Regulate … Importation” Is Not a Delegation of the Taxing Power

Date: Feb 22, 2026

IEEPA Does Not Authorize Presidential Tariffs: “Regulate … Importation” Is Not a Delegation of the Taxing Power Case: Learning Resources, Inc. v. Trump (consolidated with Trump v. V.O.S. Selections,...