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U.S. Supreme Court Upholds CFPB Funding Scheme

Constitutional Law Reporter

601 U.S. _ (2024), the U.S. Supreme Court upheld the funding scheme that supports the Consumer Financial Protection Bureau (CFPB or Bureau). Facts of the Case The case centers on the Constitution’s Appropriation Clause, which commands that “[n]o Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.

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SCOTUS Rules Double Jeopardy Bans Retrial of Defendant Found Non-Guilty by Reason of Insanity

Constitutional Law Reporter

Georgia , 601 U.S. _ (2024), the U.S. Supreme Court held that the State of Georgia can’t retry a defendant acquitted of murder by reason of insanity. The court vacated both the malice-murder and felony-murder verdicts pursuant to Georgia’s so-called repugnancy doctrine, and authorized retrial. In McElrath v.

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SCOTUS Clarifies Court Must Resolve Competing Arbitration Provisions

Constitutional Law Reporter

Suski , 602 U.S. _ (2024), the U.S. Supreme Court held that where parties have agreed to two contracts — one sending arbitrability disputes to arbitration, and the other either explicitly or implicitly sending arbitrability disputes to the courts — a court must decide which contract governs. In Coinbase, Inc.

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SCOTUS Clarifies Reach of FAA Exemption for Transportation Workers

Constitutional Law Reporter

LLC , 601 U.S. _ (2024), the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) exemption for transportation workers in interstate commerce applies to transportation workers regardless of whether they work in the transportation industry. In Bissonnette v. LePage Bakeries Park St.,

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SCOTUS Holds No Time Limit for Damages Under Copyright Act

Constitutional Law Reporter

Nealy , 601 U.S. _ (2024), the U.S. Supreme Court held that the Copyright Act entitles a copyright owner to obtain monetary relief for any timely infringement claim, no matter when the infringement occurred. The Court did not address when copyright infringement claims accrue with regard to the statute of limitations. Martinelli.

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SCOTUS Sides With NRA in First Amendment Dispute

Constitutional Law Reporter

Vullo , 602 U.S. _ (2024), the U.S. Supreme Court ruled that the National Rifle Association (NRA) may continue its First Amendment lawsuit against the former head of New York’s Department of Financial Services. The Supreme Court remanded the case back to the Second Circuit to evaluate the NRA’s claims in accordance with its opinion.

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SCOTUS Sides With California Developer in Takings Case

Constitutional Law Reporter

County of El Dorado , 601 U.S. _ (2024), the U.S. Supreme Court held that a traffic impact fee imposed by the County of El Dorado based on a fee schedule in the County’s General Plan ran afoul of the Constitution’s Takings Clause. That is incorrect,” Justice Amy Coney Barrett wrote on behalf of the unanimous Court.