This week saw the first “real” decision of the term (that is, an opinion in an argued case), a unanimous affirmance in Bouarfa v. Mayorkas (No. 23-583), holding that federal courts lack jurisdiction to review the discretionary decision of
Supreme Court Update
And Other Appellate Musings
The Supreme Court Update blog, published by Wiggin and Dana LLP, focuses on recent and significant developments in U.S. Supreme Court jurisprudence. It covers a range of constitutional law issues including voting rights, criminal procedure, confrontation clause rights, and procedural aspects of federal and state court cases. The blog also previews upcoming Supreme Court arguments and analyzes the Court's docket trends, highlighting cases involving federal authority, civil rights, and high-profile cultural and legal disputes. It provides summaries and critical insights into decisions affecting election law, criminal justice, and constitutional protections.
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Facebook, Inc. v. Amalgamated Bank (No. 23-980)
Before the Thanksgiving holiday, the Court issued its first “decision” in one of the 46 cases (so far) that make up its OT24 term. But just like last year, this year’s first decision was more of a decision not…
5 Big Cases This Term—And How They’ll (Definitely) Turn Out!
The Supreme Court isn’t a game. Its decisions have profound consequences on the parties (almost always) and the public (sometimes). But we do have betting markets on elections—and elections too can have profound consequences. So why not have some fun…
Introducing Wiggin’s Supreme Court Update Blog: Combining Over 20 Years of Supreme Court Updates into One Dynamic Resource
Wiggin and Dana’s Appellate Practice Group is excited to announce the transition of the Supreme Court Update to a new blog platform. The blog combines over 20 years of Supreme Court cases and decisions into one dynamic resource, delivering the…
First Monday OT24
Greetings, Court Fans!
It’s the First Monday in October, the traditional start of a new Supreme Court term. Coinciding with the start of OT24, we’re heralding a new way of delivering our summaries of the Court’s decisions: Welcome to the…
Counsel Anjali Dalal and Associate Gautam Rao Author New York Law Journal Article on Public Corruption Prosecutions
On August 19, 2024, Counsel Anjali Dalal and Associate Gautam Rao authored the New York Law Journal article titled, “Public Corruption Prosecutions: Constitutional Issues to Watch.”
Anjali and Gautam discuss United States v. Benjamin and McCormick v. United States and explain how these public…
Trump v. United States (No. 23-939)
Like the Court, itself, we’ll close out OT23 with Trump v. United States (No. 23-939), a highly consequential (and arguably consequentialist) decision on presidential immunity from criminal prosecution. As you all know by now, the Supreme Court, in a 6-3…
Smith v. Arizona (No. 22-899), Erlinger v. United States (No. 23-370), Department of State v. Muñoz (No. 23-334)
The Nine closed out OT23 with their so-called “clean-up conference” last Tuesday, issuing multiple GVRs in cases controlled by recent opinions and granting cert in five new cases for OT24. We’ll attend to some clean-up of our own with this…
Moody v. NetChoice (No. 22-277), City of Grants Pass, Oregon v. Johnson (No. 23-175), Texas v. New Mexico (No. 141, Orig.)
We’re back with the nightcap of today’s doubleheader, consisting of summaries of Moody v. NetChoice (No. 22-277), an important First Amendment case that turned into an important case on facial constitutional challenges; City of Grants Pass, Oregon v. Johnson (No. 23-175)…
Loper Bright Enterprises v. Raimondo (No. 22-451), Corner Post, Inc. v. Board of Governors of the Federal Reserve System (No. 22-1008), Securities and Exchange Commission v. Jarkesy (No. 22-859), Ohio v. Environmental Protection Agency (No. 23A349)
Last fall, if you asked commentators what OT23 was going to be about, chances are they would have said “the administrative state.” But things took a bit of a turn when circumstances in the lower courts conspired to fill out…