Category Archives: Supreme Court Review

Supreme Court Gives D.C. Circuit High Marks for October 2011 Term

The Supreme Court affirmed the D.C. Circuit in three out of the four cases it heard during the term that ended last Thursday. Two of the three opinions the high court affirmed were authored by Judge Ginsburg, who took senior status in October.   Continue reading

A Chink in the Armour of Rational Basis Review for Economic Regulations?

Chief Justice Roberts, in his dissent yesterday in Armour v. City of Indianapolis, Indiana raises unanswered questions about the future of the Court’s review of economic regulations. Continue reading

Supreme Court Refuses to Defer to IRS Interpretation of a Statute of Limitations

The Supreme Court held yesterday that the IRS has just three years to bring a deficiency action against a taxpayer that reduces its tax liability by overstating basis instead of omitting gross income–not six years as the IRS argued.  Yesterday’s decision in United States v. Home Concrete & Supply effectively overrules the D.C. Circuit’s decision in Continue reading

Supreme Court: No Liability for Organizations Under Torture Victims Protection Act

Today the Supreme Court unanimously affirmed Judge Ginsburg’s holding that the Torture Victim Protection Act (“TVPA”) does not permit suits against organizations.   Continue reading

D.C. Circuit Revives Excessive Force Case Against D.C. Cops

Days before five Supreme Court justices vindicated his “mosaic” theory of Fourth Amendment search by GPS in United States v. Jones [PDF], Judge Ginsburg issued another Fourth Amendment opinion that may be just as unpopular with the Metropolitan Police Department. Continue reading

Justice Alito: 1; President Obama: 0

In his 2010 State of the Union Address, President Obama accused the Supreme Court’s decision in Citizens United of “open[ing] the floodgates for special interests–including foreign corporations–to spend without limit in our elections.” Continue reading

Supreme Court To Decide Whether An Indian Tribe’s Neighbor May Sue the Government for Enabling Casino Construction

Yesterday the Supreme Court granted cert in Salazar v. Patchak (S. Ct. 11-247) and Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak (S. Ct. 246). Continue reading

GPS Dissenter, Chief Judge Sentelle to Speak on Privacy and Technology

Chief Judge David Sentelle will participate in a panel entitled “Privacy vs. Free Speech in the Age of Mass Media, 21st Century Communications and Social Media,” this Saturday, October 29, from 2:00-4:00pm at the Washington Post Conference Center, 1150 15th ST., NW, Washington, D.C. Continue reading