Court narrows scope of federal wire fraud statutes

Court narrows scope of federal wire fraud statutes

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For decades, the Supreme Court has steadily narrowed the scope of the federal criminal wire fraud statutes, and Thursday’s decision in Ciminelli v. United States is no exception. The court held that the federal criminal wire fraud statutes do not incorporate a “right to control” theory of fraud. The court referenced both federalism and overcriminalization concerns in narrowing the scope of the wire fraud statutes, pushing federal prosecutors to be more precise in articulating fraud cases against suspicious state … Read the rest

Supreme Court will consider major case on power of federal regulatory agencies

Supreme Court will consider major case on power of federal regulatory agencies

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Nearly 40 years ago, in Chevron v. Natural Resources Defense Council, the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron.  

The question comes to the court in a case brought by a group of commercial fishing companies. They challenged a rule issued by the National Marine Fisheries Service that requires the fishing industry to pay … Read the rest

Court allows abortion pill to remain widely available while appeals proceed

Court allows abortion pill to remain widely available while appeals proceed

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The Supreme Court on Friday night granted a request from the Biden administration and a drug manufacturer to put on hold a ruling by a federal judge in Texas that suspended the Food and Drug Administration’s approval of mifepristone, part of a two-drug protocol used to end pregnancies in their early stages. The battle over medication abortions, which account for over half of all abortions performed in the United States each year, now returns to the U.S. Court of … Read the rest

Supreme Court further delays ruling on access to abortion pill

Supreme Court further delays ruling on access to abortion pill

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In a brief order, the Supreme Court continued to place on hold a trial judge’s ruling blocking the FDA’s approval of mifepristone, one of two drugs used in medication abortions. Wednesday’s order extends the court’s “administrative stay” – i.e., a stay designed to give the justices time to consider the request – of the trial judge’s ruling until Friday at midnight. The justices are extremely likely to issue a further ruling before the administrative stay expires.

A court of … Read the rest

Ohio State asks court to toss lawsuits over sexual abuse by former university physician

Ohio State asks court to toss lawsuits over sexual abuse by former university physician

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Over a period of 20 years, the late Dr. Richard Strauss sexually abused at least 177 male students in his role as a physician with the Ohio State University’s athletics department and student health center. This week, we highlight cert petitions that ask the court to consider, among other things, … Read the rest

Justices order new briefing in Moore v. Harper as N.C. court prepares to rehear underlying dispute

Justices order new briefing in <em>Moore v. Harper</em> as N.C. court prepares to rehear underlying dispute

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The Supreme Court on Thursday raised questions about whether it would reach a decision in a major election law case. In a brief order, the justices asked for additional briefing in Moore v. Harper, a case argued in December, to address whether the court still has the power to hear the case when the North Carolina Supreme Court has agreed to reconsider the underlying redistricting dispute that sparked the case.

The case began in state court as a … Read the rest

Court schedules final two argument sessions of 2022-23 term

Court schedules final two argument sessions of 2022-23 term

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The final argument session of the Supreme Court’s 2022-23 term will include high-profile disputes over how employers must accommodate their employees’ religious practices and how courts should decide whether threatening statements are protected by the First Amendment. The two cases, Groff v. DeJoy and Counterman v. Colorado, will headline the April argument calendar, which was released – along with the March argument calendar – on Tuesday.

The justices agreed earlier this month to take up Groff and CountermanRead the rest