THE COURT is the online resource for debate & data about the Supreme Court of Canada.*

Archive For Entries On U.S. Supreme Court

The USSC Revisits the Fraud-on-the-Market Principle: Halliburton Co v Erica P John Fund

Last Wednesday, the United States Supreme Court heard oral arguments for Halliburton Co v Erica P. John Fund, thereby revisiting the contentious “fraud-on-the-market” principle adopted in the 1988 case of Basic Inc v Levinson, 485 US 224 (1988). The principle works as follows: open and developed securities markets are efficient and all relevant information about […]

What R v Big M Drug Mart Can Teach the US Supreme Court about Corporate Religious Freedom

Late last year, the United States Supreme Court agreed to hear two cases challenging the constitutionality of the Patient Protection and Affordable Care Act’s (“Obamacare”) contraception mandate, with oral arguments to take place in March. At issue in Sebelius v Hobby Lobby Stores, Inc. [Hobby Lobby] and Conestoga Wood Specialties Corp. v Sebelius [Conestoga Wood], which will be consolidated […]

Citizens United Did Not Equate Money with Speech—But McCutcheon Will

Last Tuesday, the Supreme Court of the United States heard oral arguments in McCutcheon v Federal Election Commission (McCutcheon). At issue are provisions of the Federal Election Campaign Act, 2 USC § 431 (the Act), that impose a biennial limit on individual campaign contributions. This lawsuit—brought by Shaun McCutcheon, a wealthy Alabama businessman and serial […]

United States v. Windsor Was a Moral Victory, but Was It a Legal Victory?

It is difficult to overstate the historical significance of United States v. Windsor, 570 US _ (2013), more popularly known as the decision of the US Supreme Court that struck down a key provision of the federal Defense of Marriage Act (DOMA). The decision, delivered by Justice Kennedy on 26 June 2013, instantly unlocked federal […]

Health Care Reform: The Real Winner is The Court

(No, we are not tooting our own horn.) The Supreme Court of the United States’ decision on health care reform last Thursday is surely one of the most important decisions of the century. President Obama, who proposed the law amidst a firestorm of controversy in 2010, seemed cautiously victorious. Despite quashing the individual mandate provision […]

Golan v. Holder: Redrawing the Boundaries of the Public Domain

For many Internet users, the year started off inauspiciously. SOPA, the Stop Online Piracy Act, was introduced in the United States House of Representatives. It swiftly put websites out of business and people all over the world protested online and on the streets. The United States Supreme Court, rather quietly, came out with their decision […]

A Decision Is Rendered In GPS Tracking Case, But With No Decisiveness

They have done away with the nightmarish scenes from George Orwell’s 1984. They have done away with the unnerving language of insidious dangers around the corner. They have even done away with hypothetical scenarios involving round-the-clock surveillance of each other. The decision that the nine justices on the United States Supreme Court reached last week […]

U.S. v. Jones : Tracking Our Expectation of Privacy

The oral argument in the case of U.S. v. Jones before the US Supreme Court started off with an odd imaginative exercise. Chief Justice Roberts asked the court to impose the allegedly unconstitutional actions of the police onto the justices of the Court, and mull over the implications of such an imposition. That is, Chief Justice […]

Golan v. Holder: Should the US be Singing a New Copyright Tune?

One night, you could listen to Sergei Prokofiev’s “Peter and the Wolf” with your friends, remix it with another tune and then pen a bestselling book titled Peter and the Wolf and Zombies. That would all change in 1994 with the signing of the Uruguay Round Agreements Act, a trade agreement that restored the copyright […]

Reneging on a Guilty Plea, Citing ADD

It all started at around the time of the terrorist attacks in New York City. He was a prominent dentist. She was an attractive blonde woman. Sitting the dentist’s chair in Dr. Jeffrey R. Burkes’ office in midtown Manhattan, Shari Perl Herman was getting her wisdom teeth removed by Dr. Burkes. It was supposed to […]