United States Supreme Court

  • New York Law Journal

    SCOTUS Limits Criminal Forfeiture in 'Honeycutt'

    By Steven L. Kessler | August 17, 2017

    Steven L. Kessler writes that with the enactment of the Civil Asset Forfeiture Reform Act of 2000, Congress sought to steer federal prosecutors to criminal forfeiture over civil, believing that the risk of abuse would be reduced because a criminal conviction is required before a defendant's property can be forfeited. Unfortunately, it turned out that greater reliance on criminal forfeiture increased abuses in that area as well. The Roberts-led Supreme Court hinted at some dissatisfaction with the state of criminal forfeiture law in recent decisions, but the rifle shot came in its June 5 decision in 'Honeycutt v. United States'.

  • New York Law Journal

    Silver Wins Motion for SCOTUS Writ

    By B. Colby Hamilton | August 3, 2017

    Former state Assembly Speaker Sheldon Silver will get to remain a free man a little bit longer, thanks to a new ruling from a federal appeals panel.

  • National Law Journal

    In Big Leap, SCOTUS Announces E-Filing Is Coming Soon

    By Tony Mauro | August 3, 2017

    The U.S. Supreme Court announced Thursday that electronic filing of case documents will be required beginning on November 13 and virtually all new filings will be available free of cost to the public. The system will not be part of PACER, the longstanding operation used by lower federal courts, which charges for documents by the page.

  • National Law Journal

    When the Government Fights Itself in Court

    By Tony Mauro | July 28, 2017

    In disputes over LGBT rights and arbitration, the Justice Department is dueling against other executive branch agencies. Is that kosher?

  • New York Law Journal

    In Overseas Remarks, Roberts Says Technology Poses Challenge for Court

    By Nick Perry | July 26, 2017

    "There are devices now that can allow law enforcement to see through walls. Heat imaging and all this kind of thing," U.S. Supreme Court Chief Justice John Roberts said at an event at the Victoria University of Wellington in New Zealand. "Well, what does that do to a body of law that's developed from common law days in England about when you can search a house?"

  • New Jersey Law Journal

    Menendez Hopes Silver Ruling Will Bring Him Good Fortune

    By Charles Toutant | July 19, 2017

    U.S. Sen. Robert Menendez has filed a new motion to dismiss his corruption charges, finding hope in last week's appellate ruling reversing the bribery conviction of former New York Assembly Speaker Sheldon Silver.

  • National Law Journal

    Protect the Justices From 'Drama-Filled' Speeches, DOJ Asserts in Protesters' Case

    By Tony Mauro | July 18, 2017

    Five protesters who disrupted a U.S. Supreme Court session with shouts and songs in 2015 should be sentenced to prison time and barred from the grounds of the court for a year, government lawyers said in court filings Monday.

  • New York Law Journal

    SCOTUS to Decide if Cell Site Location Is Protected by Fourth Amendment

    By Harry Sandick and George LoBiondo | July 7, 2017

    Harry Sandick and George LoBiondo write that in June, the Supreme Court granted certiorari in a case that will test whether the justices are again willing to break new ground in the cell phone privacy context. The court will decide whether the government needs a search warrant to obtain historical records of a suspect's cell phone location, or whether it may do so under the Stored Communication Act, which requires the government to show only that there are reasonable grounds to believe that the records are "relevant and material to an ongoing criminal investigation."

  • National Law Journal

    The Trump Justice Department's Aversion to Class Actions Will Have Wide Impact

    By Marcia Coyle | July 6, 2017

    The recent switch by the Trump administration's U.S. Justice Department from opposing to defending bans on class actions in workplace arbitration agreements will have consequences beyond a trio of challenges the U.S. Supreme Court is set to hear this fall. The government this week, citing the high court switch, said it will no longer defend a class action provision in the U.S. Labor Department's fiduciary rule.

  • National Law Journal

    Justices' Broad View of 'Families' Is Tested in Trump Travel Ban

    By Marcia Coyle | July 5, 2017

    The Trump administration may not view grandparents, aunts, uncles and others as having close enough family relationships in the United States to be excluded from the government's travel ban, but the U.S. Supreme Court on at least two occasions, in different contexts, has recognized the importance of those family bonds.

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