Supreme Court

The question the Supreme Court will decide in McGirt v. Oklahoma may sound familiar: “whether the prosecution of an enrolled member of the Creek Tribe for crimes committed within the historical Creek boundaries is subject to exclusive federal jurisdiction.” The Supreme Court agreed to decide this very same question last term in Sharp v. Murphy. But the Court didn’t...

The Supreme Court has held that excessive force violates the Fourth Amendment’s prohibition against “unreasonable searches and seizures.” The question in Torres v. Madrid is whether police have “seized” someone who they have used force against who has gotten away.   

In this case police officers approached Roxanne Torres thinking she may be the person they intended to arrest. At the time Torres was “tripping” from using meth for several days...

Delaware’s Constitution requires that three state courts be balanced between the two major political parties. The main question before the Supreme Court in Carney v. Adams is whether this scheme violates the First Amendment.

Per Delaware’s Constitution no more than half of the members of the Delaware Supreme Court, Superior Court, or Chancery Court may be of the same major political party.

Delaware attorney James Adams wants to be a...

The Supreme Court refuses to review thousands of lower court decisions every year. Its decision to not review Martin v. City of Boise isn’t entirely surprising. The Supreme Court generally only agrees to hear cases where there is a circuit split—that is the lower courts have disagreed on how the law applies to a particular issue. Martin v. City of Boise raised no circuit split.

In Martin v. City of Boise the Ninth...

If you went to the Supreme Court today to check on Justice Ginsburg’s health, you were in luck. She asked the very first question (and many after) in oral argument in New York State Rifle & Pistol Association Inc. v. City of New York, New York.

If you came to hear a robust discussion of whether New York City’s now-repealed gun regulation violates the Second Amendment...

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