There are situations in which a government contractor might want access to documents held by the government. The Freedom of Information Act (FOIA) provides a means to acquire such documents. FOIA requires federal agencies to make records available to the public upon...
Separation of powers; Congressional subpoena for the President’s personal papers
TRUMP v. MAZARS USA, LLP, ___ U.S. ___, No. 19-715 (9 July 2020) During April 2019, three committees of the U.S. House of Representatives issued subpoenas for information about the finances of President Trump, his children, and affiliated businesses. The House...
Criminal Law; Immigration Law; Party Presentation Principle
UNITED STATES v. SINENENG-SMITH, ___ U.S. ___, No. 1967 (7 May 2020) This case concerns a provision of the immigration laws, 8 U. S. C. §1324, which makes it a felony to encourage or induce an alien to enter or reside in the United States, knowing or in reckless...
Is the President Absolutely Immune From A State Grand Jury Subpoena?
THE CASE OF DONALD TRUMP v. CYRUS VANCE, Jr. and MAZARS USA Winston Churchill wrote a biography of his ancestor John Churchill, who is better known as the Duke of Marlborough. Describing the period of conflict spanning the demise of Cromwell’s government and the...
Criminal law; immigration; preemption doctrine
KANSAS v. GARCIA, ___ U.S. ___, No. 17-834 (3 March 2020) Until 1986, federal law did not prohibit employing illegal aliens. In 1986, Congress enacted the Immigration Reform and Control Act (IRCA) that makes it illegal to knowingly hire an illegal alien to work in...
Bivens action; whether to extend the Bivens doctrine; separation of powers
Hernandez v. Mesa, ___ U.S. ___, No. 17-1678 (25 February 2020) In Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), the Supreme Court held that a person claiming to be the victim of an unlawful arrest and search could bring a 4th Amendment claim for...
Fair Debt Collection Practices Act; statute of limitations; discovery rule
ROTKISKE v. KLEMM, ___ U.S. ___, No. 18-328 The Fair Debt Collection Practices Act (FDCPA) authorizes private civil actions against debt collectors who engage in certain prohibited practices. The statute provides that a private action must "be filed within one year...
Firearms; mass shooting; negligent background check; Federal Tort Claims Act; discretionary function
SANDERS, et al., v. UNITED STATES OF AMERICA, ___ F.3d ___, U.S. Court of Appeals for the Fourth Circuit, No. 18-1931 (30 August 2019). Federal law prohibits several categories of persons from buying or possessing a firearm, including anyone who is an unlawful user of...
Private Property and Takings Clause of the Fifth Amendment
KNICK v. TOWNSHIP OF SCOTT, PENNSYLVANIA, ___ U.S. ___, No. 17-647 (21 June 2019) The Takings Clause of the Fifth Amendment states that “private property [shall not] be taken for public use, without just compensation.” The Supreme Court has long held that property...
Does Apple Monopolize the Retail Market for Apps: APPLE v. PEPPER, ___ U.S. ___, No. 17-204 (13 May 2019)
Antitrust; direct purchaser rule Facts In 2007, Apple introduced the iPhone. The next year, Apple created an electronic App Store where consumers could buy apps for their iPhones. The apps sold to consumers are developed by third-party app developers, not by Apple. ...