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The Ohio State University Moritz College of Law U.S. Supreme Court podcast utilizes faculty experts from specific areas of law to discuss cases decided or pending by the Court, trends in the Court's decisions, or other issues facing the Court. Moritz faculty includes seven former Supreme Court clerks and experts from nearly every area of the law. The podcast is intended for scholars, students, legal professionals and journalists looking for thoughtful and concise commentary on some of the mo ...
 
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A case in which the Court held that pre-August 3, 2010, crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) do not have a “covered offense” under Section 404 of the First Step Act and thus are not eligible for sentence reduction.
 
A case in which the Court held that the Natural Gas Act delegates to Federal Energy Regulatory Commission certificate-holders the authority to exercise the federal government’s eminent-domain power to condemn land in which a state claims an interest, and that it abrogates state sovereign immunity in such cases.…
 
A case in which the Court held that, in order to qualify for a hardship exemption under Section 7545(o)(9)(B)(i) of the Renewable Fuel Standards, a small refinery need not receive uninterrupted, continuous hardship exemptions for every year since 2011.
 
A case in which the Court held that a defendant who has been charged with unlawful reentry into the United States after removal and is seeking dismissal of the charge must prove each of the requirements described in the statute governing such actions.
 
A case in which the Court struck down a policy of the California attorney general’s office requiring charities to disclose the names and addresses of their major donors as violating the First Amendment of the U.S. Constitution.
 
A case in which the Court held that under 18 U.S. C. §922(g)(1), to obtain plain-error relief, a defendant must make a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not know he was a felon.
 
A case in which the Court will decide whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), is automatically entitled to plain-error relief if the district court did not advise him that one element of that offense is knowledge of his status as a felon, regardless of whether he …
 
A case in which the Court held that under 8 U.S.C. § 1254a(f)(4), a grant of temporary protected status does not constitute an “admission” into the United States and thus does not authorize eligible noncitizens to obtain lawful-permanent-resident status under 8 U.S.C. § 1255.
 
A case in which the Court held that the Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the Coronavirus Aid, Relief, and Economic Security Act.
 
A case in which the Court held that a subset of a class of plaintiffs lacked Article III standing to sue a credit reporting agency because they did not suffer an injury comparable to that of the class representative.
 
A case in which the Court held that a defendant in a securities class action has the burden of production and also the burden of persuasion to rebut the so-called Basic presumption.
 
A case in which the Court held a California regulation granting labor organizations a “right to take access” to an agricultural employer’s property to solicit support for unionization constitutes a per se physical taking under the Fifth Amendment?
 
A case in which the Court held that a person seeking disability benefits under the Social Security Act does not forfeit their ability to challenge the appointment of an administrative law judge if they fail to raise that challenge during administrative proceedings.
 
A case in which the Court upheld Arizona’s policy of not counting provisional ballots cast in person on Election Day outside of the voter’s designated precinct and Arizona’s law permitting only certain persons to handle another person’s completed early ballot against challenges under Section 2 of the Voting Rights Act and the Fifteenth Amendment.…
 
A case in which the Court held that the exigent circumstances exception to the Fourth Amendment’s warrant requirement is not categorically triggered when police are pursuing a suspect whom they believe committed a misdemeanor.
 
A case in which the Court held that a court of appeals cannot presume that an immigrant’s testimony is credible and true simply because an immigration judge or the Board of Immigration Appeals did not specifically find that he was not credible.
 
A case in which the Court held that federal law permits a court of appeals to review any issue included in a district court’s order sending a case to state court when the move to state court is based on two statutes, not just the ground for removal itself.
 
A case in which the Court held that Section 13(b) of the Federal Trade Commission Act, by authorizing “injunction[s],” does not authorizes the Federal Trade Commission to demand monetary relief such as restitution.
 
A case in which the Court held that a request for nominal damages satisfies the redressability element necessary for Article III standing where a plaintiff’s claim is based on a completed violation of a legal right.
 
A case in which the Court held that the Federal Housing Finance Agency’s (FHFA) structure violates the separation of powers but that courts need not set aside the final agency action that FHFA took when it was unconstitutionally structured.
 
A case in which the Court was asked to decide whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise clear and unmistakable delegation of questions of arbitrability to an arbitrator.
 
A case in which the Court held that to qualify as an “automatic telephone dialing system” under the Telephone Consumer Protection Act of 1991, a device must have the capacity either to store or to produce a telephone number using a random or sequential number generator.
 
A case in which the Court considered whether a court can decline to exercise jurisdiction on comity grounds in a case arising from the expropriation exemption of the Foreign Sovereign Immunities Act, where the plaintiffs have not sought to exhaust their local remedies in the foreign country.
 
A case in which the Court held that the Foreign Sovereign Immunities Act’s expropriation exception, 28 U.S.C. §1605(a)(3), incorporates the domestic takings rule, which recognizes that a foreign sovereign’s taking of its own nationals’ property is not a violation of international law.
 
A case in which the Court held that its decision in Ramos v. Louisiana, in which it held the U.S. Constitution requires states to obtain a unanimous verdict to convict a criminal defendant for a serious offense, does not apply retroactively to cases on federal collateral review.
 
A case in which the Court held that the Anti-Injunction Act’s bar on lawsuits for the purpose of restraining the assessment or collection of taxes does not bar challenges to unlawful regulatory mandates that are not taxes.
 
A case in which the Court held that a person who is authorized to access information on a computer for certain purposes does not violate Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses that information for an improper purpose; he must also obtain information located in particular areas of the computer that are off-limits to hi…
 
A case in which the Court was asked to decide whether a memorandum by President Donald Trump instructing the Secretary of Commerce to include in his report on the 2020 census information enabling the President to exclude noncitizens from the base population number for purposes of apportioning seats in the House of Representatives.…
 
A case in which the Court held that to trigger the stop-time rule under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a notice to appear must be a single document containing all the information about an individual’s removal hearing.
 
A case in which the Court held that the judgment bar provision of the Federal Tort Claims Act (FTCA) prevents a plaintiff whose FTCA claim against the government failed for lack of subject matter jurisdiction from filing another action, against the same defendants and arising from the same set of facts and injuries, under another theory of liabilit…
 
A case in which the Court held that the refusal of Philadelphia to contract with Catholic Social Services (CSS) for the provision of foster care services unless CSS agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment.
 
A case in which the Court reversed and remanded the Sixth Circuit’s decision holding that the “use of force” clause in the Armed Career Criminal Act encompasses crimes with an intent requirement of mere recklessness.
 
A case in which the Court held that the deliberative process privilege under Exemption 5 of the Freedom of Information Act protects from disclosure an agency’s in-house draft biological opinions that are both predecisional and deliberative, even if the drafts reflect the agencies’ last views about a proposal.…
 
A case in which the Court held that, under Section 5(f) of the Railroad Unemployment Insurance Act and Section 8 of the Railroad Retirement Act, the Railroad Retirement Board’s denial of a request to reopen a prior benefits determination is a “final decision” subject to judicial review.
 
A case in which the Court held that a nonpermanent resident seeking to cancel a lawful removal order fails to carry his burden of showing that he has not been convicted of a disqualifying offense under the Immigration and Nationality Act when the conviction on his record is ambiguous regarding whether a disqualifying offense formed the basis of his…
 
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