Articles Tagged: Supreme Court


No Blockbuster Opinion, but the Supreme Court Still Set the Legal Agenda on April 16

The Supreme Court remained the center of attention in the legal news cycle on April 16, even without an obvious blockbuster merits opinion emerging from the day’s accessible reporting. That is notable in itself. For lawyers tracking the Court, some of the most important days are not defined by a headline-grabbing ruling, but by the way the Court’s posture shapes what the rest of the legal system is watching.

In practical terms, today’s court-driven momentum appears to have come more from lower-court and trial-level developments than from a fresh Supreme Court merits decision.

IEEPA Powers Reach the Supreme Court in TikTok Divest-or-Ban Fight

The Supreme Court’s decision to take up the challenge to the federal law targeting TikTok marks one of the most consequential intersections of national security, platform regulation, and First Amendment law in years. The dispute centers on a statute requiring ByteDance to divest TikTok or face restrictions on the app’s U.S. operations, with challengers arguing the law unlawfully burdens speech and exceeds constitutional limits.

The Court’s involvement is significant not just because of TikTok’s reach, but because the case tests how far the political branches can go when regulating a communications platform on national security grounds.

Supreme Court Blocks GEO Group’s Immediate Appeal in Detainee Labor Litigation

The U.S. Supreme Court has rejected GEO Group’s effort to obtain an immediate appeal in litigation alleging that immigration detainees were forced to work while held in private detention facilities. The ruling does not decide the underlying labor claims, but it is a consequential procedural loss for the private prison company: the detainees’ civil suit moves forward, and GEO cannot pause the case by invoking a contractor version of sovereign immunity.

The dispute centers on whether a private company performing detention services for the federal government should be allowed the same kind of immediate appellate review sometimes available to government officials or entities asserting immunity from suit.

Supreme Court Revives First Amendment Challenge to Colorado Conversion-Therapy Ban

The U.S. Supreme Court has issued a major First Amendment ruling in Chiles v. Salazar, holding that Colorado’s conversion-therapy law, as applied to a licensed counselor’s talk therapy with minors, regulates speech based on viewpoint and that the lower courts did not apply the required level of constitutional scrutiny. The decision is likely to reshape ongoing litigation over state regulation of licensed professionals and could prompt renewed challenges to similar laws across the country.

The case was brought by counselor Kaley Chiles, who argued that Colorado’s law barred her from engaging in voluntary, client-directed conversations about sexuality and gender identity when those conversations sought outcomes the state disfavored.

Supreme Court Revives Grande ISP Copyright Fight for Fresh Fifth Circuit Review

The U.S. Supreme Court has wiped away a Fifth Circuit ruling that upheld a copyright verdict against Grande Communications Networks, sending the case back for reconsideration in light of the Court’s recent decision narrowing when internet service providers can be held liable for subscribers’ piracy. The move does not end the dispute, but it is an important reset in one of the closely watched lines of cases testing secondary copyright liability against broadband providers.

In practical terms, the justices granted, vacated, and remanded the case, directing the Fifth Circuit to take another look under a new liability framework.

Roberts Pauses Return Order in Abrego Garcia Deportation Fight

Chief Justice John Roberts has temporarily halted a lower-court order directing the federal government to return Kilmar Abrego Garcia from El Salvador, escalating what is quickly becoming one of the most closely watched emergency immigration disputes on the Court’s shadow docket.

The case arises from the government’s acknowledgment that Abrego Garcia was deported because of an “administrative error,” despite a lower court’s conclusion that he was lawfully present and could not be removed without due process.

Supreme Court Takes Up Oil-and-Gas Fight Over State Climate Suits

The U.S. Supreme Court has agreed to hear a closely watched dispute over whether state and local governments can continue pursuing climate-change tort claims against oil and gas companies in state court. The case arises out of Colorado litigation brought by local governments seeking to recover damages tied to alleged climate impacts, including costs associated with extreme weather, wildfire risk, and other harms.

At the center of the fight is a recurring threshold issue in climate-liability litigation: forum.

Supreme Court’s Immigration Docket Keeps Focus on Birthright Citizenship and Executive Power

The U.S. Supreme Court remains at the center of some of the most consequential constitutional disputes carried over from the Trump era, with the pending birthright-citizenship fight standing out as one of the term’s most closely watched matters.

SCOTUS Patent Cases to Know for 2017


As we approach the end of 2016, it’s a good time to look ahead to the cases that may have a significant impact on patent law in the coming year. Here is a preview of some of the important patent decisions on the Supreme Court’s docket for 2017.


Over the last 15 years, the Federal Circuit has continued to expand the scope of the extraterritorial effect of U.S. patent law.

Apple v. Samsung is SCOTUS's First Design Patent Case in 122 Years


The Supreme Court announced Monday that it would agree to hear part of an appeal filed by Samsung seeking to overturn a $548 million damages award granted to Apple last year. Aside from finally closing the door on this five-year saga between Apple and Samsung, SCOTUS’s decision is newsworthy because it’s the first case before the Court involving design patents since 1894. See Dunlop v. Schofield, 152 U.S. 244 (1894).

The Court agreed to hear arguments regarding whether Samsung is liable for all profits from the sale of phones that infringed on Apple’s design patents, totaling $399 million dollars, or whether they are liable only for the portion of those profits attributable to the role those protected design elements played in actual phone sales.

Get the Fastest SCOTUS News Alerts, Such As the Court's Recent Same Sex Marriage Decision



On July 26, the Supreme Court ruled in Obergefell v. Hodges that states must recognize same-sex marriage. The long awaited decision was 5-4, with Justice Kennedy casting the swing vote in favor of upholding same-sex unions. In his opinion for the majority, Kennedy wrote:

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family.

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