Latest stories from ISCOTUSnow

5 hours 30 min ago

Today, the U.S. Supreme Court hears oral arguments in Obergefell v. Hodges, a consolidation of cases that ask the Court to consider two key questions about same-sex marriage:

Is there a constitutional right to same-sex marriage? And are states required to recognize same-sex marriages performed in other states?

Because of the landmark nature of this case, the Supreme Court has agreed to release audio of oral argument later this same day. You can expect Part I of...

1 day 23 hours ago

Sorry, it’s taken me awhile to analyze the Michigan v. EPA, which the Supreme Court heard back on March 25.  The case asks whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.  I predict a 5-4 decision in favor of the Petitioners.

Figure 1.

...

3 days 23 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.)

Following a similar decision last month involving the state of Alabama, the Supreme Court on Monday threw out a North Carolina redistricting...

5 days 19 hours ago

The Supreme Court heard oral argument on Wednesday in Horne v. Department of Agriculture, which asks (1) whether the government’s “categorical duty” under the Fifth Amendment to pay just compensation when it “physically takes possession of an interest in property,” Arkansas Game & Fish Comm’n v. United States, applies only to real property and not to personal property; (2) whether the government may avoid the categorical duty to pay just compensation for a...

1 week 1 hour ago

The Supreme Court heard oral argument in one case on Tuesday, McFadden v. U.S., which asks whether, to convict a defendant of distribution of a controlled substance analogue – a substance with a chemical structure that is “substantially similar” to a schedule I or II drug and has a “substantially similar” effect on the user (or is believed or represented by the defendant to have such a similar effect) – the government must prove that the defendant knew that the substance...