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Supreme Court Kicks Off 2023-2024 Term with Oral Arguments in Three Cases

Constitutional Law Reporter

The justices heard three oral arguments in the first week of the new term and considered issues ranging from a civil rights tester’s right to sue to federal sentencing laws to the constitutionality of the Consumer Financial Protection Bureau. ” Decisions in all three cases will be rendered before the term ends in June 2024.

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U.S. Supreme Court Upholds CFPB Funding Scheme

Constitutional Law Reporter

601 U.S. _ (2024), the U.S. By a vote of 7-2, the Court held that Congress’ statutory authorization allowing the CFPB to draw money from the earnings of the Federal Reserve System to carry out the bureau’s duties satisfies the Constitution’s Appropriations Clause. In Consumer Financial Protection Bureau v. of America, Ltd.,

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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. The Court did not address when copyright infringement claims accrue with regard to the statute of limitations. In reaching its decision, the majority noted that the Copyright Act’s statute of limitations establishes a three-year period for filing suit, which begins to run when a claim accrues.

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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. Given that the United States, as a sovereign, is generally immune from suits seeking money damages unless Congress chooses to waive that immunity, the Court’s “clear statement” rule allows a suit against the government only when “the language of the statute” is “unmistakably clear” in allowing it.

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SCOTUS to Take Up Abortion Again in April

Constitutional Law Reporter

United States scheduled for April 24, 2024. The issue before the Court is whether Idaho’s strict abortion law is preempted by the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. Following the Supreme Court’s decision in Dobbs 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. Pursuant to the FAA, arbitration agreements are “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” All this “complexity and uncertainty” would “‘breed[] litigation from a statute that seeks to avoid it.’”

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SCOTUS Poised to Decide Fate of Chevron Doctrine

Constitutional Law Reporter

The Court’s Chevron decision established a bedrock principle of administrative law. Under Chevron , courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Natural Resources Defense Council , 467 U.S.

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