Supreme Court
21 articles tagged with "Supreme Court".
The Breaking Point of Bruen: Why the Supreme Court’s Fractured Stance on Disarming Drug Users is a Green Light for Federal Defenders
The Originalist Trap in Federal Firearms Prosecutions For the past four years, federal prosecutors and defense attorneys have been locked in a bizarre historical scavenger hunt, forced by the Supreme Court to scour 18th-century colonial statutes to d...
The 14th Amendment Holds the Line: Why the Supreme Court’s Birthright Citizenship Ruling Averted an Immigration Law Apocalypse
The Executive Gambit That Failed In a blockbuster end-of-term ruling on June 30, the Supreme Court firmly rejected President Trump’s executive directive aimed at restricting birthright citizenship. By striking down the administration's attempt to uni...
The AEDPA Iron Curtain: Why the Supreme Court’s Reversal in the Etan Patz Case Slams the Door on Federal Habeas Relief
The End of the Federal Backstop For criminal defense attorneys navigating the bleak landscape of post-conviction relief, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) has long been the monster under the bed. On June 22, 2026, the ...
The Death of the Independent Agency: Why the Supreme Court’s Overruling of Humphrey’s Executor Upends Federal Regulatory Practice
The Administrative State Suffers a Fatal Blow For nearly a century, American administrative law has rested on a fundamental, albeit heavily debated, compromise: Congress could create multi-member regulatory commissions insulated from the President’s ...
The Eighth Amendment in the Crosshairs: Why a Federal Judge’s Child-Sex-Crime Ruling is a Capital Defense Wake-Up Call
The Ground-Up Assault on Categorical Bars For nearly two decades, capital defense lawyers have treated the Eighth Amendment’s categorical bar on executing non-homicidal offenders as an unassailable fortress. But fortresses crumble when the foundation...
The Disgorgement Dream is Dead: Why the Supreme Court’s SEC Ruling Forces a Hard Pivot in White-Collar Defense
On June 4, 2026, the U.S. Supreme Court slammed the door on one of the white-collar defense bar’s favorite parlor games: trying to strip the Securities and Exchange Commission of its disgorgement powers. By formally upholding the SEC’s authority to d...
The FVRA Time Bomb: Why the Circuit Consensus on Unlawfully Appointed U.S. Attorneys is a Procedural Goldmine for Federal Defenders
The Department of Justice is Facing an Appointments Clause Crisis For federal criminal defense attorneys practicing in the Second, Third, and Ninth Circuits, the most important news of the year didn’t come from a substantive ruling on the elements of...
The Post-Conviction Mulligan: Why the Southern District of New York Correctly Shut Down Trump’s Federal Removal Gambit
The End of the Post-Verdict Ripcord For the criminal defense bar, the federal officer removal statute has always been a powerful, if rarely successful, escape hatch. But can it be used as a post-conviction ripcord? On August 28, 2026, a federal judge...
The Second Amendment Breaches the Storefront: Why the Supreme Court’s Invalidation of Hawaii’s Handgun Limits Upends Premises Liability
The End of the "Vampire Rule" for Firearms The Supreme Court’s conservative supermajority has spent the last four years systematically dismantling state-level gun control regimes. But with its latest ruling, the Court has dragged private businesses d...
The Death of the Third-Party Doctrine for Location Data: Why the Supreme Court’s Ruling in Chatrie Changes Everything for Digital Discovery
For the last eight years, federal prosecutors and law enforcement agencies have operated in a gray area of digital surveillance, exploiting a massive loophole left open by the Supreme Court. That loophole just slammed shut. On June 29, 2026, the Supr...
The 9-0 Shockwave: Supreme Court Forecloses Title IX as a Shield for Transgender Athletes
A Unanimous End to the Title IX Sports Wars For the last six years, civil rights litigators and state attorneys general have been locked in a bitter, high-stakes tug-of-war over the intersection of transgender rights and federal education law. On Jun...
The Bruen Hangover: Supreme Court Wrestles with the Second Amendment and the Federal Gun Ban for Drug Users
A Collision of Originalism and the Administrative State The Supreme Court is currently wrestling with a monster of its own creation. On March 2, 2026, a deeply divided Court heard oral arguments on the constitutionality of 18 U.S.C. § 922(g)(3), the ...
Textualism Holds the Line: Supreme Court Strikes Down Trump’s Birthright Citizenship Directive Under the 14th Amendment
The End of a Fringe Constitutional Theory For years, a vocal subset of legal theorists has argued that the executive branch could unilaterally end birthright citizenship for the children of undocumented immigrants. On June 30, 2026, the Supreme Court...
SCOTUS Slams the Backdoor on Post-Conviction Relief: First Step Act and AEDPA Rulings Demand a New Defense Playbook
Finality Over Fairness: The First Step Act Gets Gutted For the past few years, federal criminal defense attorneys have effectively used the compassionate release provision of the First Step Act as a vital equitable tool. When Congress declined to mak...
The Death of Independent Agencies: Supreme Court Overrules Humphrey’s Executor in Historic 2026 Term
A Seismic Shift in Administrative Law For decades, administrative and regulatory lawyers have advised clients based on a fundamental assumption: independent federal agencies are shielded from direct presidential interference. As of June 29, 2026, tha...
SCOTUS Slams the Door on First Step Act Relief: Why the Compassionate Release Era is Over
The End of Equitable Sentencing Disparities For the past six years, the defense bar has wielded the First Step Act of 2018 as the Swiss Army knife of post-conviction relief. District courts, empowered by the Act's expansion of 18 U.S.C. § 3582(c)(1)(...
The Fall of Independent Agencies: Supreme Court Overrules Humphrey’s Executor in Historic 2026 Term
The Death of the Independent Agency For decades, administrative and corporate lawyers have structured their regulatory strategies around a single, foundational premise: independent agencies are insulated from direct presidential control. On June 29, ...
The Door Slams Shut: Supreme Court Gut-Punches Compassionate Release While Circuit Courts Upend Federal Prosecutorial Authority
A Paradigm Shift in Federal Criminal Defense For the past several years, federal criminal defense attorneys have heavily relied on back-end, post-conviction relief to correct draconian sentences. But the Supreme Court’s spring 2026 term has decisivel...
The Death of Independent Agencies: Supreme Court Overrules Humphrey’s Executor in Blockbuster 2026 Term
A Structural Earthquake in Constitutional Law The Supreme Court’s June 2026 term has concluded, leaving behind a fundamentally altered constitutional landscape. While mainstream headlines have focused heavily on the Court's rulings regarding the Seco...
SCOTUS Slams the Door on First Step Act Sentence Reductions, Invalidating Sentencing Commission Policy
The End of the "Sentencing Disparity" Argument for Compassionate Release The Supreme Court has effectively slammed the door on one of the most vital avenues for federal sentencing relief. In a 6–3 decision handed down on May 28, 2026, the Court ruled...
The Fall of Humphrey’s Executor: SCOTUS Reshapes the Administrative State and the Unitary Executive
The End of an Era for Independent Agencies For nearly a century, the administrative state has rested on a foundational compromise: Congress could create independent multimember agencies, and the President could not fire their leaders without "cause."...
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