ABA Journal

U.S. Supreme Court

5802 ABA Journal U.S. Supreme Court articles.

Chemerinsky: Social media and internet companies likely face more free speech challenges at the Supreme Court

Sometimes there is great significance in what the U.S Supreme Court doesn’t do, and that was definitely so for two cases it handed down May 18 about the internet and social media. In Twitter v. Taamneh and Gonzalez v. Google, the court unanimously rejected holding internet and social media companies liable for aiding and abetting terrorist activities for what was posted on their platforms. A contrary ruling would have engendered a huge amount of litigation and changed how the internet functions. Although many questions remain open, these rulings reflect justices who understandably want to be cautious as to the judicial role in setting policy for the internet and social media.

SCOTUS will consider First Amendment right to trademark ‘Trump too small’ without Trump’s consent

The U.S. Supreme Court has agreed to consider whether the First Amendment was violated when the U.S. Patent and Trademark Office refused to register a trademark for the slogan “Trump too small.”

Jackson is lone dissenter as Supreme Court allows company to sue union in state court

The U.S. Supreme Court’s newest justice was the only dissenter Thursday, when the high court allowed a concrete company to sue a union local in state court for alleged destruction of corporate property.

New book details Justice Antonin Scalia’s early life

Scalia, who died in office in 2016, remains a revered figure among conservatives for his pugnaciousness, quick wit and his commitment to deciding cases based on “textualist” readings of statutes and an “originalist” interpretation of the Constitution. But Scalia’s combativeness also was polarizing.

If SCOTUS rules against racial preferences, this 4th Circuit decision presents next issue

If the U.S. Supreme Court restricts the consideration of race in college admissions, there is another looming issue: whether schools can use race-neutral tools that boost diversity.

Brown v. Board of Education should be renamed, group plans to tell Supreme Court

A lawyer in Camden, South Carolina, plans to ask the U.S. Supreme Court to rename Brown v. Board of Education for the first case taken to federal court in a quest to eliminate the separate-but-equal doctrine.

Weekly Briefs: New ethics rule considered in Virginia; name partner launches new firm

Virginia proposes ban on agreements limiting ethics complaints

A proposed ethics rule in Virginia would ban lawyers from making agreements with clients or former clients that limit their right to…

Supreme Court decision in wetlands case will impair flood control, affect water quality, Kavanaugh warns

The U.S. Supreme Court ruled against the U.S. Environmental Protection Agency on Thursday in its bid to classify an Idaho property as protected wetlands.

SCOTUS rules for grandmother in tax foreclosure takings fight; Jackson again pairs with Gorsuch

Updated: The U.S. Supreme Court ruled Thursday that a 94-year-old woman could pursue a claim that a tax foreclosure sale violated her rights under the Fifth Amendment’s takings clause.

Chief justice says he’s committed to making sure SCOTUS adheres to highest conduct standards

Updated: Chief Justice John Roberts said Tuesday evening he is committed to making sure that the U.S. Supreme Court adheres to the highest conduct standards.

Silver Gavel Awards go to works featuring Emmett Till, Roe v. Wade

This year’s recipients of the Silver Gavel Awards for Media and the Arts delve into a multitude of pressing and prominent legal issues, including abortion rights, affirmative action and modern-day slavery.

Gorsuch’s Title 42 statement is ‘a remarkable jeremiad against COVID mitigation policies,’ law prof says

Justice Neil Gorsuch issued a lengthy statement criticizing “rule by indefinite emergency edict” Thursday, when the U.S. Supreme Court issued an order related to a COVID-19-pandemic-era immigration policy.

Breyer shares views on treatment of female classmates at Harvard during law school talk

In a discussion at the George Washington University Law School on Tuesday, retired U.S. Supreme Court Justice Stephen Breyer admitted that he did not fully appreciate how challenging sexism was for his female classmates at Harvard Law School in the early 1960s.

SCOTUS sidesteps Section 230 case after absolving Twitter of liability for terror attack

The U.S. Supreme Court on Thursday declined to address a long-standing provision that protects technology companies from being held liable for third-party content posted on their platforms after ruling in a related case that Twitter had not aided and abetted a terror attack.

Kagan, Sotomayor write dueling opinions in SCOTUS fair-use ruling against Andy Warhol Foundation

U.S. Supreme Court Justice Elena Kagan complained in a dissent Thursday that a majority ruling by liberal colleague Justice Sonia Sotomayor had adopted a “posture of indifference” and left “in shambles” part of a fair-use test used in copyright cases.

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