Last Month at the Supreme Court | July 2024

The Supreme Court recently concluded a historic term with a number of groundbreaking decisions, spanning topics including sentencing under the Armed Career Criminal Act, jury trial availability in SEC securities fraud cases, the Mandatory Repatriation Tax, the legal standard for Fourth Amendment malicious prosecution claims, the bar on gun possession in cases of domestic violence restraining orders, and the Confrontation Clause as it pertains to expert witnesses.  The following series of alerts offer analysis and practical takeaways.  Click the links below to read more about each decision and look out for our final publication of the 2023 Supreme Court Term later this month!

For more information, please contact Chantel Febus, James Azadian, Cory Webster, Christopher Sakauye, Monika Harris, Puja Valera, or A. Joseph Duffy, IV.

Decision Alert: Supreme Court Upholds Bar on Gun Possession Under Domestic-Violence Restraining Orders

On June 21, 2024, in United States v. Rahimi, the Supreme Court held that an individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment. Chief Justice Roberts authored the opinion for the Court. Several Justices wrote concurring opinions. Justice Thomas was the lone dissenter. Read the full synopsis here.

Decision Alert: Supreme Court Unanimously Holds Confrontation Clause Implicated if Testifying Expert Conveys Absent Expert’s Basis for Opinions

On June 21, 2024, in Smith v. Arizona, the Supreme Court unanimously held that when an expert conveys an absent lab analyst’s statements in support of the expert’s opinion, and the statements provide that support only if true, then the statements come into evidence for their truth. Consequently, they implicate the Sixth Amendment’s Confrontation Clause. Justice Kagan delivered the majority opinion for the Court. Read the full synopsis here.  

Decision Alert: Supreme Court Holds That a Unanimous Jury Must Determine Beyond a Reasonable Doubt Facts That Affect Sentencing Under the Armed Career Criminal Act

On June 21, 2024, in Erlinger v. United States, the Supreme Court held that the Fifth and Sixth Amendments require a jury to unanimously find, beyond a reasonable doubt, that a defendant’s previous offenses qualify for purposes of enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Justice Gorsuch delivered the opinion of the Court. Chief Justice Roberts wrote a concurring opinion. Justices Kavanaugh and Jackson wrote dissenting opinions. Read the full synopsis here.

Decision Alert: Supreme Court Holds Defendants Entitled to a Jury Trial When SEC Seeks Civil Penalties for Securities Fraud

On June 27, 2024, the Supreme Court held in SEC v. Jarkesy that Congress violated the Seventh Amendment by allowing the Securities and Exchange Commission to pursue civil penalties through administrative proceedings that do not allow defendants to be tried by a jury. Chief Justice Roberts authored the opinion. Justice Gorsuch filed a concurring opinion, joined by Justice Thomas. Justice Sotomayor authored the dissent, joined by Justices Kagan and Jackson. Read the full synopsis here.  

Decision Alert: Supreme Court Upholds Mandatory Repatriation Tax

On June 20, 2024, in Moore v. United States, the Supreme Court held that the Mandatory Repatriation Tax (MRT), a corporate tax on foreign earnings, is constitutional under the Sixteenth Amendment. Justice Kavanaugh authored the opinion for the Court. Justice Jackson wrote a concurring opinion. Justice Barrett filed an opinion concurring in the judgment, joined by Justice Alito. Justice Thomas authored a dissenting opinion, joined by Justice Gorsuch. Read the full synopsis here.

Decision Alert: Supreme Court Determines Legal Standard for Fourth Amendment Malicious Prosecution Claims

On June 20, 2024, the Supreme Court held (6-3) in Chiaverini v. City of Napoleon, Ohio that a plaintiff charged with a crime not supported by probable cause can prevail on a Fourth Amendment malicious prosecution claim under 42 U.S.C. § 1983 even if he is charged with other crimes that are supported by probable cause. Justice Kagan delivered the majority opinion for the Court. Read the full synopsis here.