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2 days 16 hours ago

Did you miss your Supreme Court news this week? Let our Weekly Roundup help. (To stay on top of the latest Supreme Court happenings, follow ISCOTUS on Twitter.)

In addition to the return of Obamacare in King v. Burwell, the other highly-anticipated case this spring was on the issue of same-sex marriage in Obergefell v. Hodges...

3 days 20 hours ago

On Monday, the Supreme Court heard oral argument in Kingsley v. Hendrickson, which asks whether the requirements of a 42 U.S.C. § 1983 excessive force claim brought by a plaintiff who was a pretrial detainee at the time of the incident are satisfied by a showing that the state actor deliberately used force against the pretrial detainee and the use of force was objectively unreasonable.

This case is difficult to predict because it’s an asymmetrical case involving 3...

4 days 16 hours ago

Turning to the other big case of the week….

Earlier today, the Supreme Court heard oral arguments in Glossip v. Gross, a challenge to the three-drug lethal injection protocol Oklahoma uses for its executions. The challengers argue that the procedure violates the ban on “cruel and unusual punishments” found in the Eighth Amendment of the U.S. Constitution.

The last time the Supreme Court...

4 days 23 hours ago

What did we learn from yesterday’s oral arguments in the historic same-sex marriage cases? The basic take-away seems to be that the issue looks a lot harder inside the Supreme Court than it does outside. The run of success for the cause of same-sex marriage—in...

5 days 15 hours ago

The Supreme Court heard oral argument in the historic case of Obergefell v. Hodges, the same-sex marriage cases, which ask two questions:  1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?, and 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

Figure 1

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