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United States Supreme Court

Opinions Filed in March 2022

Badgerow v. Walters

Rules and maxims of statutory interpretation dictate that when congress omits language from one section of the statute while including it elsewhere the Court must find that choice as intentional.

Area(s) of Law:
  • Arbitration

Houston Cmty. Coll. Sys. v. Wilson

A plaintiff pursuing a claim for First Amendment retaliation must show that the government took an adverse action in response to speech it would not have taken absent a retaliatory motive.

Area(s) of Law:
  • Constitutional Law

Houston Community College System v. Wilson

鈥淚n this country, we expect elected representatives to shoulder a degree of criticism about their public service from their constituents and their peers鈥攁nd to continue exercising their free speech rights when the criticism comes.鈥

Area(s) of Law:
  • First Amendment

Ramirez v. Collier

Religious Land Use and Institutionalized Persons Act of 2000 states that the state cannot impose substantial burden on the exercise of religion to people in state institutions unless the government proves the burden 鈥(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.鈥 2 U. S. C. 搂2000cc鈥1(a).

Area(s) of Law:
  • Criminal Law

SAIF v. Ward

Under former ORS 656.005(30) (2019), a 鈥渨orker鈥 is 鈥渁ny person, including a minor whether lawfully or unlawfully employed, who engages to furnish services for a renumeration, subject to the direction and control of an employer.鈥

Area(s) of Law:
  • Employment Law

FBI v. Fazaga

The District Court dismissed Respondent's claims but the Ninth Circuit reversed saying 搂1806(f) displaced the state secrets privilege. On appeal, the Supreme Court reversed the holding saying 搂1806(f) does not have that effect.

Area(s) of Law:
  • Sovereign Immunity

Cameron v. EMW Women鈥檚 Surgical Center, P. S. C.

When deciding the timeliness of a third party鈥檚 motion to intervene, the most important consideration for courts is whether the party sought to intervene 鈥渁s soon as it became clear鈥 that its interests 鈥渨ould no longer be protected鈥 by the parties in the case. United Airlines, Inc. v. McDonald, 432 U. S. 385, 394 (1977).

Area(s) of Law:
  • Civil Procedure

United States v. Zubaydah

The state secrets privilege bars the disclosure of information upon the Government鈥檚 showing that disclosure would have a 鈥渞easonable probability鈥 to harm national security. United States v. Reynolds, 345 U. S. 1, 6鈥7, 11 (1953).

Area(s) of Law:
  • Civil Procedure

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