Last Month at the Supreme Court | May 2024

This May 2024 edition of Last Month at the Supreme Court examines the Court’s recent unanimous decision allowing private property owners to pursue just compensation claims through a state law cause of action, as well as the Court’s consideration of whether an anti-corruption statute applies to gratuities, whether a federal emergency medical law overrides a state abortion ban, and whether enforcement of a city’s camping regulation against a homeless population is “cruel and unusual punishment."

This edition also covers the Court’s deliberation of presidential immunity from criminal prosecution for a former president, whether January 6 defendants can be charged with obstruction, and what standard governs Fourth Amendment malicious prosecution claims.

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

Decision Alert: Supreme Court Issues Narrow Unanimous Decision in Takings Case

On April 16, 2024, the Supreme Court unanimously held in DeVillier v. Texas that DeVillier and other affected property owners should be permitted to pursue their just compensation claims under the Takings Clause through a cause of action available under Texas law. Justice Thomas delivered the opinion of the Court, which reversed the Fifth Circuit’s decision. Read the full synopsis here.

Supreme Court Examines Whether Anti-Corruption Statute Applies to Gratuities

In Snyder v. United States, the Supreme Court will decide whether 18 U.S.C. § 666(a)(1)(B), which makes it a crime for state and local officials to accept bribes, criminalizes payments in recognition of actions the official has already taken or committed to take, without any quid pro quo agreement to take those actions. Read the full synopsis here.  

Supreme Court Weighs Limits of State Abortion Bans

In the consolidated cases Moyle v. United States and Idaho v. United States, the Supreme Court will determine whether the federal Emergency Medical Treatment and Labor Act (EMTALA) preempts Idaho’s state law criminalizing most abortions in the State. Read the full synopsis here.

Supreme Court Takes On the Constitutionality of Ordinances Against Homeless People

In City of Grants Pass v. Johnson, the Supreme Court addresses whether a city’s enforcement of generally applicable ordinances that regulate camping on public property constitutes “cruel and unusual punishment” prohibited by the Eighth Amendment. Read the full synopsis here.  

Supreme Court Parses the Limits of Presidential Immunity

In Trump v. United States, the Supreme Court will determine to what extent a former president enjoys presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. Read the full synopsis here.

Supreme Court to Determine Scope of Witness, Victim, or Informant Tampering Statute for January 6 Prosecutions

In Fischer v. U.S., the Supreme Court will decide the scope of Section 1512(c) of the Witness, Victim, or Informant Tampering Statute, 18 U.S.C. § 1512(c)—specifically, whether it applies only to evidence spoliation (and related misconduct), or more broadly covers obstructions of official proceedings. Read the full synopsis here.  

Supreme Court To Determine Legal Standard for Fourth Amendment Malicious Prosecution Claims

In Chiaverini v. City of Napoleon, the Supreme Court will decide whether a plaintiff charged with a crime not supported by probable cause can prevail on a Fourth Amendment malicious prosecution claim when he is also charged with other crimes that were supported by probable cause. Read the full synopsis here.