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Articles Posted in United States Supreme Court

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Are Searches of computers and cell phones are the Border without a warrant permissible under the Fourth Amendment

The United States Supreme Court may review a case called United States v. Williams that deal with the issue of what is the scope of a permissible search at the border:  Can the search include personal computers and cell phones under the Fourth Amendment? The Supreme Court has the opportunity…

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1st Amendment case involving free speech and social media before the United States Supreme Court

The United States Supreme Court may hear a case that involves the intersection of the 1st Amendment right to free speech with the right to post on social media.  The case is Hunt v. Board of Regents of the University of New Mexico which may set a legal standard for students’…

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Does the Fourth Amendment prevent police from looking into your house from your property?

Is your “semiprivate” area in your home’s curtilage protected from prying eyes? The Fourth Amendment protects all Americans from unreasonable searches and seizures.  Courts define what that means everyday in terms of how far Fourth Amendment protections are extended.  One case that raises an interesting issue is Cyde S. Bovat…

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United Supreme Court case provides equality, discrimination protection in the workforce for LBGTQ employees

    In a 6-3 opinion written by notoriously conservative Justice Gorsuch, the United States Supreme Court held that Title VII of the Civil Rights Act of 1964 covers employment discrimination based on sexual orientation and gender identity in Bostock v. Clayton County, Georgia, 590 U.S. __ (2020). The opinion…

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Police Brutality and Racial discrimination should no longer be protected by the doctrine of Qualified Immunity

The tragic death of George Floyd will hopefully bring reforms that help ease racial tensions and move us toward greater equality in society.  One legal doctrine that allows police officers to avoid liability for acts of brutality and excessive force is the doctrine of qualified immunity that should be revisited…

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Newly Appointed U.S. Supreme Court judges hear major abortion case that could alter the Constitutional right of privacy

Yesterday, the Supreme Court heard oral arguments in a major abortion case.  This is the first time since Justices Neil Gorsuch and Brett Kavanaugh joined the Bench, creating a strong conservative majority, that abortion will be addressed by the Court.  That case, June Medical Services v. Russo addresses whether the…

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Can refusal evidence of a blood test be evidence of guilt in a DUI case under the United States Constitution

On November 14, 2019, Thomas Bell, a motorist convicted of DUI, filed a Petition for a Writ of Certiorari with the Supreme Court seeking review of the Pennsylvania Supreme Court’s decision that warrantless blood test refusals may be used as evidence of guilt in DUI cases under the State’s implied…

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First Amendment Free Speech in the cases of Inyoung You and Michelle Carter: How will the United States Supreme Court define the boundaries of the First Amendment

What is Involuntary Manslaughter in Massachusetts?   Involuntary manslaughter is an unlawful killing base on wanton and reckless conduct.  In both, the Carter and Inyoung You cases, a major issue is whether the defendant had fair notice under the due process clause that there conduct was criminal. The case of…

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United States Supreme Court considering First amendment challenge in Michelle Carter Case

United States Supreme Court considering a First Amendment challenge to Michelle Carter’s conviction.  Michelle Carter, the 17-year-old who was convicted of involuntary manslaughter for the death of her boyfriend, Conrad Roy III, when she had sent text messages encouraging him to commit suicide, has petitioned the U.S. Supreme Court for…

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United States Supreme Court to decide what nexus must be established for a search of a house for drug activity under the Fourth Amendment

The U.S. Supreme Court will decide whether to hear the case of Zamudio v. United States which raises the issue of whether a search warrant can legally be issued for a suspected drug trafficker’s residence without evidence that the residence is being used for criminal activity. Attorneys for Juan Zamudio…

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