On Thursday, January 7, the U.S. Supreme Court rejected a case by Republican Congressman Louie Gohmert asking it to prohibit Vice President Mike Pence from certifying the election results.
US Supreme Court Associate Justice Ruth Bader Ginsburg passed away on Friday, September 18, 2020 at the age of 87 due to complications of metastatic cancer of the pancreas. Serving on the nation’s highest court for 27 years, she was known for her role in advancing equality and legal rights related to gender.
On Monday, June 22, 2020, the United States Supreme Court issued a ruling in Liu v. Securities and Exchange Commission, 591 U.S. ___ (2020). In an 8-1 decision, the Supreme Court held that, in civil enforcement cases brought by the Securities and Exchange Commission, "[a] disgorgement award that does not exceed a wrongdoer's net profits and is awarded for victims is equitable relief permissible under [15 U.S.C.] §78u(d)(5)."
This week marked the end of the U.S. Supreme Court's 2018–2019 term, and, as is typical for this last week, the Court issued some highly anticipated (and some highly divisive) decisions.
On Monday, June 24, 2019, the United States Supreme Court issued a decision in Iancu v. Brunetti, 588 U.S. ___ (2019), holding that the Lanham Act's bar on registration of immoral or scandalous trademarks violates the First Amendment. At issue in the case is the trademark FUCT, pronounced as four letters, which is the clothing brand founded by Erik Brunetti. Justice Elena Kagan, writing for the majority, wrote that the Lanham Act's bar on immoral or scandalous trademarks is viewpoint-based discrimination in violation of the First Amendment.
On Monday, May 13, 2019, the United States Supreme Court granted certiorari in Apple, Inc. v. Pepper, 587 U.S. __ (2019). Four iPhone users sued Apple, Inc., alleging that the company monopolized the app market, which resulted in higher-than-competitive prices for apps. Apple argued that the consumer-plaintiffs were barred from suing Apple since the consumer-plaintiffs were not "direct purchasers" from Apple, as defined in Illinois Brick Co. v. Illinois, 431 U.S. 720, 745-746 (1977). The District Court agreed with Apple, while the Ninth Circuit Court of Appeals reversed and concluded that the consumer-plaintiffs were direct purchasers because they purchased the apps directly from Apple.
Recently, the U.S. Supreme Court, along with judges in a dozen or so other states, has been considering issues of gerrymandering. The courts have primarily questioned whether mapmakers have gone too far by manipulating legislative district boundaries for the advantage of a preferred political party.
US Supreme Court Justice Clarence Thomas is (in)famous for remaining silent during oral arguments, but last week during the oral argument of Flowers v. Mississippi, he broke his silence to ask a question. The case presents a question about whether a Mississippi prosecutor engaged in unlawful exclusion of jurors on the basis of race in the series of trials of Curtis Flowers, who was charged with several murders.