The political branches should not be allowed to devise a mechanism that allows them to escape political accountability. This Court should grant the petition [for certiorari] and reverse.
Courts construe laws. But they cannot make law. A law, particularly a criminal law, must be capable of being understood by ordinary people... Accordingly, this petition presents an opportunity to do what the Court should have done in Skilling: acknowledge that repairing a statute is beyond the scope of the judicial power and send the honest services law back to Congress.
If a non-delegation limit exists, the International Emergency Economic Powers Act crosses it by transferring to the President a near-total legislative power—decisions about the “important subjects”—explicitly vested in Congress by the People. The Court should say so.
If the government takes away a property owner’s fundamental right to exclude, in whole or in part, it is a categorical physical taking that is contrary to the Fifth Amendment without regard to any other facts or circumstances. While the lack of available housing may be a public problem, these private property owners cannot be singled out to bear the burden of fixing it. The trial court’s decision should be affirmed.
The Court should return to first principles, hold that the President has authority to remove principal executive officers at will, so that, consistent with the Constitution, the President has an effective check against Congress’s broad delegations of power to Executive Branch agencies.
New York's All-Electric Buildings Act requires most new buildings to be all-electric— effectively disallowing the installation of fossil-fuel equipment, including natural gas and propane infrastructure. [Mulhern] sued, arguing that the Energy Policy and Conservation Act (EPCA) preempted the state law. A ruling in Mulhern’s favor would be consistent with the statutory text and correct the flawed policy arguments advanced by the opponents of EPCA preemption, guiding future courts to focus on the EPCA itself.
While Section 2 still protects individuals from voting discrimination based on their race, it cannot constitutionally be read to protect group rights. Therefore, a State should not be entitled to rely on Section 2 to justify race-based redistricting.
"[T]he Seventh Amendment is a constitutional protection against arbitrary government power. And critically, it is a limit on the permissible structure of an adjudicatory body—if the Seventh Amendment jury trial right applies to a claim, it must be tried in an Article III court."
“By granting Okello Chatrie’s petition, this Court can clear up the confusion about two issues, helping ensure uniform Fourth Amendment protection for sensitive data belonging to users of services which have become integral to our specialized, technologically advanced economy.”