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United States Supreme Court Certiorari Granted

Opinions Filed in May 2023

Sackett v. EPA

The Court held that the CWA extends to only those 鈥渨etlands with a continuous surface connection to bodies that are 鈥榳aters of the United States鈥 in their own right,鈥 so that they are 鈥渋ndistinguishable鈥 from those waters. Rapanos v. United States, 547 U.S. 715, 739, 126 S.Ct. 2208, (2006).

Area(s) of Law:
  • Environmental Law

Tyler v. Hennepin County

Under the Takings Clause of the Fifth Amendment, government cannot bootstrap a delinquent tax to take more than what is owed.

Area(s) of Law:
  • Constitutional Law

Calcutt v. Federal Deposit Insurance Corporation

鈥淸鈥 If the record before the agency does not support the agency action, [or] if the agency has not considered all relevant factors, 鈥 the proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation.鈥 598 U.S. 623, 628.

Area(s) of Law:
  • Administrative Law

Andy Warhol Foundation for the Visual Arts v. Goldsmith

If an original work and a secondary use share the same or highly similar purposes, and the secondary use is of a commercial nature, the first factor is likely to weigh against fair use, absent some other justification for copying.

Area(s) of Law:
  • Copyright

Polselli v. IRS

The IRS may issue summonses to determine whether a taxpayer owes money and also to collect any outstanding liability. When the IRS conducts an investigation for purposes of 鈥渄etermining the liability鈥 of a taxpayer, it must provide notice, 26 U.S.C. 搂7609(a)(1). But once the IRS has reached the stage of 鈥渃ollecting any such liability,鈥 搂7602(a)鈥攚hich is a distinct activity鈥攏otice may not be required, 搂7609(c)(2)(D).

Area(s) of Law:
  • Tax Law

Twitter, Inc. v. Taamneh

The phrase 鈥渁ids and abets鈥 in 搂2333(d)(2), as elsewhere, refers to a conscious, voluntary, and culpable participation in another鈥檚 wrongdoing.

Area(s) of Law:
  • Tort Law

Ciminelli v. United States

Petitioners were indicted and convicted under 18 U. S. C. 搂 1343 and 搂1349, wire fraud and conspiracy to commit wire fraud. On appeal, the Supreme Court reversed, holding the wire fraud statutes protect only interests 鈥渓ong . . . recognized as property,鈥 and intangible economic information is not such an interest. McNally v. United States, 483 U. S. 350, 360 (1987); Carpenter v. United States, 484 U. S. 19, 26 (1987).

Area(s) of Law:
  • Property Law

Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc.

Congress must make its intent to abrogate sovereign immunity unmistakably clear in the language of the statute. Kimel v. Florida Bd. of Regents, 528 U. S. 62, 73.

Area(s) of Law:
  • Sovereign Immunity

National Pork Producers Council v. Ross

The anti-discrimination principle is fundamental to the dormant Commerce Clause; to show violation of the dormant Commerce Clause, petitioner must show discrimination by a statute on out of state economies, evidenced by a substantial burden on the interstate economy. Additionally, under Pike v. Bruce Church, Inc., 397 U.S. 137 (1970), if there is a burden on interstate economy from a facially neutral law, that burden is allowed so long as it is outweighed by putative local benefits.

Area(s) of Law:
  • Constitutional Law

Percoco v. United States

Petitioner was convicted, in relevant part, under 18 U. S. C. 搂搂1343, 1346, and 1349, conspiracy to commit 鈥渉onest-services鈥 wire fraud. The Second Circuit affirmed. On appeal, the Supreme Court reversed, holding that private citizens may enter circumstances involving the government in which they owe a duty of honesty to the public, this is not always the case. See Skilling v. United States, 561 U. S. 358, 408 (2010).

Area(s) of Law:
  • Property Law

Santos-Zacaria v. Garland

A rule is jurisdictional 鈥渙nly if Congress 鈥榗learly states鈥 that it is.鈥 Boechler v. Commissioner, 596 U.S. ___ (2022). A motion for reconsideration is subject to discretionary review and is not an appeal as of right, and therefore is not subject to the exhaustion requirement of 搂1252(d)(1).

Area(s) of Law:
  • Immigration

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