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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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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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Supreme Court Rejects Strict Criminal Forfeiture Timelines

Constitutional Law Reporter

United States , 601 U.S. _ (2024), the U.S. Supreme Court held that a district court’s failure to comply with Federal Rule of Criminal Procedure 32.2(b)(2)(B)’s After a jury convicted McIntosh, the District Court imposed a forfeiture of $75,000 and the BMW at the sentencing hearing. In McIntosh v.

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Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act

Constitutional Law Reporter

Kirtz , 601 U.S. _ (2024), the U.S. Supreme Court held that a consumer may sue a federal agency under 15 U.S.C. §§ 1681n and 1681o for failing to comply with the terms of the Fair Credit Reporting Act (FCRA). While the District Court sided with the USDA, the Third Circuit Court of Appeals reversed. government.

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Supreme Court Clarifies When Public Officials Can Be held Liable for Social Media Activity

Constitutional Law Reporter

Freed , 601 U.S. _ (2024), the U.S. Supreme Court ruled that public officials may be held liable for their social media activity in certain circumstances. The Sixth Circuit Court of Appeals affirmed. The Sixth Circuit Court ruled that Freed was not liable because he maintained his Facebook page in his personal capacity.

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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. We simply cannot know why the jury in McElrath’s case acted as it did, and the Double Jeopardy Clause forbids us to guess,” the Court held. “To Supreme Court. In McElrath v.

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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. Supreme Court’s Decision The Supreme Court unanimously reversed. “A