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  • Commentaries
  • Judgments

U.S. Supreme Court Case Commentaries

Villarreal v. Texas: Content-Based Limits on Midtestimony Attorney–Client Consultation During Overnight Recesses

Villarreal v. Texas: Content-Based Limits on Midtestimony Attorney–Client Consultation During Overnight Recesses

Date: Mar 3, 2026
Villarreal v. Texas: Content-Based Limits on Midtestimony Attorney–Client Consultation During Overnight Recesses U.S. Supreme Court (Feb. 25, 2026) — 607 U.S. ___ (2026) 1) Introduction Villarreal v....
Erroneous Dismissal of a Nondiverse Defendant Does Not Cure an Improper Removal: Vacatur Required; Rule 21 Cannot Defeat Plaintiff’s Forum Choice

Erroneous Dismissal of a Nondiverse Defendant Does Not Cure an Improper Removal: Vacatur Required; Rule 21 Cannot Defeat Plaintiff’s Forum Choice

Date: Feb 27, 2026
Erroneous Dismissal of a Nondiverse Defendant Does Not Cure an Improper Removal: Vacatur Required; Rule 21 Cannot Defeat Plaintiff’s Forum Choice I. Introduction Hain Celestial Group, Inc. v....
FTCA Postal Exception Covers Intentional Nondelivery: “Loss” and “Miscarriage” Include Willful Withholding of Mail

FTCA Postal Exception Covers Intentional Nondelivery: “Loss” and “Miscarriage” Include Willful Withholding of Mail

Date: Feb 27, 2026
FTCA Postal Exception Covers Intentional Nondelivery: “Loss” and “Miscarriage” Include Willful Withholding of Mail I. Introduction United States Postal Service et al. v. Konan (607 U. S. ___ (2026))...
IEEPA Does Not Authorize Presidential Tariffs: Tariffs as Taxing Power Require Clear Congressional Delegation

IEEPA Does Not Authorize Presidential Tariffs: Tariffs as Taxing Power Require Clear Congressional Delegation

Date: Feb 25, 2026
IEEPA Does Not Authorize Presidential Tariffs: Tariffs as Taxing Power Require Clear Congressional Delegation Case: LEARNING RESOURCES, INC. v. TRUMP (consolidated with Trump v. V.O.S. Selections,...
IEEPA Does Not Authorize Presidential Tariffs: “Regulate … Importation” Is Not a Delegation of the Taxing Power

IEEPA Does Not Authorize Presidential Tariffs: “Regulate … Importation” Is Not a Delegation of the Taxing Power

Date: Feb 22, 2026
IEEPA Does Not Authorize Presidential Tariffs: “Regulate … Importation” Is Not a Delegation of the Taxing Power Case: Learning Resources, Inc. v. Trump (consolidated with Trump v. V.O.S. Selections,...
Klein v. Martin: AEDPA Deference Bars Federal Habeas Relief Where State Court Correctly Applies Brady Materiality Despite Allegedly “Unnuanced” Analysis

Klein v. Martin: AEDPA Deference Bars Federal Habeas Relief Where State Court Correctly Applies Brady Materiality Despite Allegedly “Unnuanced” Analysis

Date: Jan 29, 2026
Klein v. Martin: AEDPA Deference Bars Federal Habeas Relief Where State Court Correctly Applies Brady Materiality Despite Allegedly “Unnuanced” Analysis Introduction Klein v. Martin (U.S. Supreme...
Prospective “Martin” Filing Bars Extend to Indigent Prisoners After Repeated Frivolous Noncriminal Petitions

Prospective “Martin” Filing Bars Extend to Indigent Prisoners After Repeated Frivolous Noncriminal Petitions

Date: Jan 22, 2026
Prospective “Martin” Filing Bars Extend to Indigent Prisoners After Repeated Frivolous Noncriminal Petitions Case: INDIANA, EX REL. DANNY W. HOWELL v. CIRCUIT COURT OF INDIANA, WELLS COUNTY, ETAL....
Rule 60(b)(4) Void-Judgment Motions Must Be Filed Within a “Reasonable Time” Under Rule 60(c)(1)

Rule 60(b)(4) Void-Judgment Motions Must Be Filed Within a “Reasonable Time” Under Rule 60(c)(1)

Date: Jan 21, 2026
Rule 60(b)(4) Void-Judgment Motions Must Be Filed Within a “Reasonable Time” Under Rule 60(c)(1) 1. Introduction In Coney Island Auto Parts Unlimited, Inc. v. Burton, Chapter 7 Trustee for Vista-Pro...
MVRA Restitution Is Criminal Punishment for Ex Post Facto Purposes

MVRA Restitution Is Criminal Punishment for Ex Post Facto Purposes

Date: Jan 21, 2026
MVRA Restitution Is Criminal Punishment for Ex Post Facto Purposes Case: Ellingburg v. United States (U.S. Supreme Court, Jan. 20, 2026) | Citation: 607 U.S. ____ (2026) 1. Introduction Ellingburg v....
Rule 8 Preempts State Affidavit-of-Merit Gatekeeping in Federal Diversity Malpractice Suits (Berk v. Choy)

Rule 8 Preempts State Affidavit-of-Merit Gatekeeping in Federal Diversity Malpractice Suits (Berk v. Choy)

Date: Jan 21, 2026
Rule 8 Preempts State Affidavit-of-Merit Gatekeeping in Federal Diversity Malpractice Suits I. Introduction Berk v. Choy (607 U. S. ___ (2026)) addresses a recurring Erie/Hanna conflict: whether a...
Case v. Montana (2026): Emergency-Aid Home Entries Require an “Objectively Reasonable Basis,” Not Probable Cause

Case v. Montana (2026): Emergency-Aid Home Entries Require an “Objectively Reasonable Basis,” Not Probable Cause

Date: Jan 17, 2026
Emergency-Aid Home Entries Require an “Objectively Reasonable Basis,” Not Probable Cause Introduction Case: Case v. Montana, 607 U. S. ____ (2026). Court: U.S. Supreme Court. Date: January 14, 2026....
Barrett v. United States: §924(j) as an Alternative, Not an Additional Conviction, to §924(c)(1)(A)(i) for a Single Fatal Firearm Act

Barrett v. United States: §924(j) as an Alternative, Not an Additional Conviction, to §924(c)(1)(A)(i) for a Single Fatal Firearm Act

Date: Jan 17, 2026
Barrett v. United States: §924(j) Is an Alternative, Not an Additional Conviction, to §924(c)(1)(A)(i) for a Single Fatal Firearm Act Court: U.S. Supreme Court Date: January 14, 2026 Citation: 607 U....
Bost v. Illinois State Board of Elections (2026): Candidate Standing to Challenge Vote-Counting Rules Based on Election-Integrity Injury

Bost v. Illinois State Board of Elections (2026): Candidate Standing to Challenge Vote-Counting Rules Based on Election-Integrity Injury

Date: Jan 17, 2026
Candidate Standing to Challenge Vote-Counting Rules Without Proving Outcome-Determinative Harm: Bost v. Illinois State Board of Elections (2026) 1. Introduction Bost et al. v. Illinois State Board of...
Bowe v. United States (2026): §2244(b)(3)(E) Does Not Bar Certiorari for Federal §2255 Movants, and §2244(b)(1) Old-Claim Bar Does Not Apply to Successive §2255 Motions

Bowe v. United States (2026): §2244(b)(3)(E) Does Not Bar Certiorari for Federal §2255 Movants, and §2244(b)(1) Old-Claim Bar Does Not Apply to Successive §2255 Motions

Date: Jan 11, 2026
Bowe v. United States: Federal Prisoners May Seek Certiorari from §2255 Gatekeeping Denials, and §2244(b)(1)’s “Old-Claim” Bar Does Not Govern Successive §2255 Motions Court: U.S. Supreme Court Date:...
“Regular Forces” Means Regular Military: Trump v. Illinois and the New Limits on Federalizing the National Guard

“Regular Forces” Means Regular Military: Trump v. Illinois and the New Limits on Federalizing the National Guard

Date: Dec 27, 2025
“Regular Forces” Means Regular Military: Trump v. Illinois and the New Limits on Federalizing the National Guard Trump v. Illinois, 607 U.S. ___ (2025) U.S. Supreme Court, December 23, 2025 (on...
“Regular Forces” Means the Regular Military: Limiting National Guard Federalization Under 10 U.S.C. §12406(3) Absent Lawful Military Law-Execution Authority

“Regular Forces” Means the Regular Military: Limiting National Guard Federalization Under 10 U.S.C. §12406(3) Absent Lawful Military Law-Execution Authority

Date: Dec 24, 2025
“Regular Forces” Means the Regular Military: Limiting National Guard Federalization Under 10 U.S.C. §12406(3) Absent Lawful Military Law-Execution Authority Case: Trump v. Illinois, 607 U. S. ____...
Abbott v. LULAC: Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases

Abbott v. LULAC: Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases

Date: Dec 6, 2025
Abbott v. League of United Latin American Citizens (Abbott v. LULAC): Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases I....
Pitts v. Mississippi: Reaffirming Case-Specific Necessity Before Shielding Child Witnesses

Pitts v. Mississippi: Reaffirming Case-Specific Necessity Before Shielding Child Witnesses

Date: Nov 30, 2025
Pitts v. Mississippi: Reaffirming Case-Specific Necessity Before Shielding Child Witnesses from Face-to-Face Confrontation I. Introduction In Pitts v. Mississippi, 607 U.S. ___ (2025), the U.S....
Beck v. United States and the “Enhanced Force” of Statutory Stare Decisis in the Shadow of the Feres Doctrine

Beck v. United States and the “Enhanced Force” of Statutory Stare Decisis in the Shadow of the Feres Doctrine

Date: Nov 30, 2025
Beck v. United States and the “Enhanced Force” of Statutory Stare Decisis in the Shadow of the Feres Doctrine I. Introduction Beck v. United States, 607 U.S. ___ (2025), arises out of a tragic...
No Plenary Power Without Constitutional Warrant: Justice Gorsuch’s Dissent in Veneno v. United States

No Plenary Power Without Constitutional Warrant: Justice Gorsuch’s Dissent in Veneno v. United States

Date: Nov 11, 2025
No Plenary Power Without Constitutional Warrant: Justice Gorsuch’s Dissent in Veneno v. United States Introduction In Veneno v. United States, 607 U.S. ___ (2025), the Supreme Court denied a petition...
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