2025
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Free Speech Coalition v. Paxton
2024 Term of Court: The Texas legislature enacted a statute requiring Internet web sites that published pornographic, but otherwise legal visualizations of sex, to condition viewer access upon proof, capable of Internet verification, that the viewer is at least 18 years of age. The explicitly stated purpose of that statute was to prevent minors from Continue reading
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Mahmoud v. Taylor
2024 Term of Court: The federal Constitution provides that Congress, our federal legislature, and our state legislatures “shall make no law . . . prohibiting the free exercise [of religion] . . ..”[1] In Mahmoud v. Taylor, US Sup.Ct.Slip Opinion of June 27, 2025, the United States Supreme Court held that that “Free Exercise Clause” Continue reading
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Medina v. Planned Parenthood
2024 Term of Court: The Medicaid statute, 42 U.S.C. §1396 through §1396w-8 (hereafter “Medicaid”), offers federal money to states wanting to provide health care services to residents who have no other means to pay for them. To obtain the federal funds, the state must submit a health care service plan to the federal Secretary of Continue reading
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TRUMP V. CASA
2024 Term of Court: The President of the United States has issued an Executive Order requiring his subordinates in his Administration to interpret the “Birthright Citizenship Clause” of the United States Constitution (U.S. Const., Amendment XIV, §1) as excluding, from birthright citizenship, children born in the United States 1) to a mother in the United Continue reading
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FEDERAL COMMUNICATIONS COMMISSION V. CONSUMERS’ RESEARCH
2024 Term of Court In a series of similar provisions, the federal Constitution requires the separation of the powers of the federal government among three distinct branches. Article I, Section 1 opens with the following: All legislative Powers herein granted shall be vested in a Congress of the United States . . . . Article Continue reading
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Fuld v. PLO
2024 Term of Court: The Fifth Amendment to the United States Constitution provides, in part, that “No person shall . . . be deprived of life, liberty, or property, without due process of law. . . .” In this case, the Court ruled that the “Due Process Clause” of the Fifth Amendment allows Congress to Continue reading
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A.J.T. v. Osseo Area Schools
2024 Term of Court: Two federal statutes prohibit public entities from discriminating against disabled individuals by reason of their disability, but only as long as the individuals are otherwise “qualified” to utilize the public entity’s services. See Section 504 of the Rehabilitation Act of 1973, 29 U. S. C. §794, and Title II of the Continue reading
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Perttu v. Richards
2024 Term of Court: The federal Prison Litigation Reform Act (“the PLRA”) requires the inmates of state prison or other confinement facilities to exhaust the administrative remedies their state offers to them for rectifying allegedly illegal conditions of their confinement before the inmate may file a federal court lawsuit against those conditions. 42 U.S.C. §1997e(a). Continue reading
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RE: FEDERAL COURT JURISDICTION
2024 Term of Court: Federal courts frequently have to deal with the jurisdiction or power they have under the federal Constitution. The Constitution gives federal courts power over all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to Continue reading
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RE: PREPAYMENT REMEDIES AGAINST FEDERAL TAXES
From 2024 Term of Court In most cases, federal tax law prevents unhappy taxpayers from challenging their assessed tax liabilities until the taxpayers have actually paid the tax they want to dispute. See 26 U.S.C. §7421(a) and 28 U.S.C. §2201(a). One exception to that general rule allows taxpayers who are facing a noticed Internal Revenue Continue reading
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RE: SOVEREIGN IMMUNITY
2024 Term of Court The federal government claims “sovereign immunity” from lawsuits for damages, but Congress has enacted several statutes that implicitly waive that immunity. Two of the statutes explicitly allow lawsuits for damages against the government’s law enforcement officers, for assaults, batteries, false imprisonments, false arrests, abuses of process, and malicious prosecutions, each of Continue reading
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RE: RELIEF FROM “FINAL JUDGMENT”
June 5, 2025 The procedural rules that govern civil proceedings in federal trial courts are oriented toward a final but just resolution of every case brought before them. See Federal Rule of Civil Procedure 1. For that reason, Federal Rule of Civil Procedure 60(b) offers a limited number of narrow grounds for relief from a Continue reading
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RE REVERSE DISCRIMINATION IN EMPLOYMENT
June 5, 2025 The federal statute commonly known as “Title VII” prohibits most instances of racial and sexual discrimination in employment decisions. 42 U.S.C. §2000e-(2)(a)(1). To make out a case of illegal discrimination in court, federal trial courts require the plaintiff to prove an instance of illegality with either direct or circumstantial evidence. See McDonnell Continue reading
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RE SUING FOREIGN COUNTRIES
June 5, 2025 The Foreign Sovereign Immunities Act, 28 U.S.C. §§1330, 1602-1611, authorizes federal trial courts to try certain cases brought against foreign governments, and against certain instrumentalities of foreign governments. To obtain jurisdiction over those foreign entities, the Act requires a specialized service of process on the foreign defendant. 28 U.S.C. §§1330(b), 1608. Different Continue reading
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RE GUN MAKER LIABILITY
June 5, 2025 Congress has enacted a statute to prohibit lawsuits against firearm manufacturers for the damages caused by the misuse of their products by third parties. See “The Protection of Lawful Commerce in Arms Act” (“the PLCAA”) at 15 U.S.C. §§7901-7903. The statute makes an exception for lawsuits against manufacturers who “aid” or “abet” Continue reading
RECENT RULINGS 