Told you we’d back soon. This time, we’ve got summaries of two decisions relating to the availability of the implied damages remedy for constitutional violations by federal officials announced in the Court’s 1971 decision, Bivens v. Six Unknown Federal Narcotics Agents.

Ziglar v. Abassi (15-1359) and its two companion cases arose in 2002, when a group of non-citizen, mostly Arab men detained in
Read More Ziglar v. Abassi (15-1359) and Hernandez v. Mesa (15-118)

Though OT16 was gaveled to a close yesterday, the work of the clerk’s office continued this morning with the issuance of additional orders from yesterday’s “clean up conference,” including five new cases accepted for argument next Term. Our work continues, too, as we make our way through the long list of decisions handed down in the last few days of this Term. In this Update

Read More Murr v. Wisconsin (15-214), Microsoft v. Baker (15-457), Lee v. United States (16-327), and Perry v. Merit Systems Protection Board (16-399)

It is finished. October Term 2016, that is. This morning, the Court handed down decisions in four of its six remaining cases for OT16 (with two cases that were argued before Gorsuch joined the Court being scheduled for reargument in the Fall, meaning it will be up to him to break an apparent 4-4 split in Jennings v. Rodriguez (No. 15-1204) and Sessions v. Dimaya
Read More Trump v. Int’l Refugee Assistance Project (16-1436), Trump v. Hawaii (16-1540), Masterpiece Cakeshop v. Colorado Civil Rights Comm’n (16-111), Digital Realty Trust, Inc. v. Somers (16-1276), Parvan v. Smith (16-992), Hicks v. United States (16-7806), Peruta v. California (16-894), Bay Point Properties v. BP Properties (16-1077), and Mathis v. Shulkin (16-677)

The Nine were back in action this morning, handing down three decisions in cases raising important issues of criminal law and procedure. Briefly: In Maslenjak v. United States (No. 16-309) (one of several “crimmigration” cases this term) the Court held that, where a naturalized citizen is alleged to have procured citizenship illegally, there must be a significant causal connection between the defendant’s alleged illegal act
Read More Maslenjak v. United States (16-309), Weaver v. United States (16-240), McWilliams v. Dunn (16-5294), Turner v. United States (15-1503)

Three more decisions this morning, leaving us with six to go (and a hint that perhaps a couple of these may be left undecided, fizzling out as 4-4 affirmances or being set for reargument next term). We’ll be back later with summaries of today’s cases, but here’s the blackletter: In Lee v. United States (No. 16-327), the Court held that a permanent resident who

Read More Matal v. Tam (15-1293)

The end-of-term rush is officially on. On Monday, the Court handed down six new decisions (including a per curiam summary reversal) and accepted a potential OT17 blockbuster for review. To summarize briefly: In Matal v. Tam (No. 15-1293), the Court unanimously (but with some disagreement on rationale) struck down the disparagement clause of the Lanham Act under the First Amendment. In Bristol-Myers Squibb v.

Read More Bristol-Meyers Squibb Co. v. Superior Court of San Francisco, San Francisco County (16-466), Packingham v. North Carolina (15-1194), Sessions v. Morales-Santana (15-1191), Sandoz v. Amgen (15-1039) and Jenkins v. Hutton (16-1116)