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Hencely v. Fluor Corp., Docket No. 24-924

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When Army Specialist Winston Tyler Hencely threw himself in front of a suicide bomber at Bagram Airfield in Afghanistan, he was trying to save his fellow soldiers. The bomber, Ahmad Nayeb, had been hired and supervised by Fluor Corporation, a major military contractor. The Army's own investigation blamed Fluor for the attack, saying the company failed to properly watch Nayeb and let him move freely around the base. Now, in a landmark decision, the Supreme Court has ruled that Hencely can sue Fluor in court, even though the injury happened during wartime on a foreign military base. The decision splits the Court and raises urgent questions about who is responsible when private companies working for the military make deadly mistakes.

What Happened

In 2016, Ahmad Nayeb, an Afghan national hired through the military's "Afghan First" program, detonated a bomb at Bagram Airfield. Hencely was seriously injured when he intercepted the attacker. The Army investigated and concluded that Fluor, the contractor running base logistics, was primarily at fault. Investigators found that Fluor had negligently supervised Nayeb by failing to escort him, allowing him to move freely around the base, and letting him obtain bomb-making materials.

Hencely sued Fluor under South Carolina law. A federal appeals court threw out the case, ruling that state law claims against military contractors cannot proceed when they arise from combat activities during wartime. The Supreme Court disagreed. In a six-to-three decision, the justices said Hencely's lawsuit can move forward because the federal government never ordered or authorized the conduct Fluor is accused of.

The Arguments

Hencely's lawyer argued that nothing in the Constitution or federal law blocks this lawsuit. He pointed to a prior Supreme Court case called Boyle v. United Technologies Corp., which said contractors are only protected from state law claims when they follow government orders, not when they violate them. He also highlighted the Army's own findings that Fluor broke its contractual duties.

Fluor's lawyer framed the case as a constitutional question about war powers. He argued that the Constitution gives the federal government exclusive authority over combat operations, and that allowing state courts to apply state law to events on a foreign battlefield would interfere with military decision-making. He asked the Court to block all such claims arising from combat activities, regardless of whether the contractor broke its contract.

The federal government sided with Fluor and proposed a middle ground. It suggested that claims should be blocked if they arise from combat activities and fall within the scope of the contract, even if the contractor violated the contract's terms. The government worried that holding contractors liable for breaking their contracts would damage the military-contractor relationship.

The Court's Decision

Justice Thomas wrote the majority opinion, joined by Justices Sotomayor, Kagan, Gorsuch, Barrett, and Jackson. The Court made four key points:

First, no part of the Constitution or federal law expressly blocks this lawsuit. A federal law called the Federal Tort Claims Act does carve out an exception for combat activities, but that exception applies only to the government itself, not to private contractors.

Second, the Boyle case does not support a sweeping rule blocking all wartime contractor lawsuits. Boyle protects contractors only when the government directed them to do the very thing they are being sued for. Here, Fluor was sued for doing something the Army said it should not have done. There is no conflict between state law and federal policy when the contractor went off script.

Third, the mere fact of a wartime setting is not enough to wipe out all state law claims. State law is only displaced when the conduct being challenged can reasonably be understood as the military's own choice.

Fourth, the Constitution's structure does not silently bar this lawsuit. Contractors are private companies, not government agencies, and states have always been able to regulate them. Historical cases confirm that lawsuits could proceed even against military officers who exceeded their authority during active hostilities.

The Dissent

Justice Alito, joined by Chief Justice Roberts and Justice Kavanaugh, disagreed. He argued that the Constitution gives war powers exclusively to the federal government and takes them away from the states. This structural arrangement alone, he contended, is enough to block state law from applying here.

Alito also raised practical concerns. Fluor plans to defend itself by blaming the military for approving Nayeb's access to the base. If that defense is allowed, courts could end up second-guessing wartime security decisions, requiring military commanders to testify, and forcing the government to hand over sensitive national security documents. Alito also noted that under South Carolina's rules for choosing which law applies, Afghan law might technically control the case, creating an extraordinarily difficult problem.

Alito did not argue that Hencely has no legal recourse. He argued only that state tort law should not apply to wartime contractor disputes. He left open the possibility that federal law could provide a path forward.

War Powers Boundaries

This decision matters as much for what it preserves as for what it changes. The Court did not overrule the Boyle case. It simply drew a distinction. Boyle involved a contractor that built a product exactly as the government ordered. This case involves a contractor providing ongoing services and accused of violating the government's own instructions.

The Court also rejected the idea that any lawsuit arising from a wartime setting is automatically blocked. Even when the federal government has a strong interest, there still must be a real conflict between state law and a specific federal policy. When a contractor violates the military's own instructions, there is no such conflict.

The decision makes clear that the federal government's war powers belong to Congress and the President, not automatically to every private company working in a combat zone. Contractors remain private entities subject to state law unless Congress passes a law saying otherwise.

The dissent's strongest argument is about real-world consequences. If Fluor's defense involves blaming the military for approving Nayeb, the case could become a courtroom examination of wartime security decisions, which is exactly what the war powers framework is meant to prevent. The majority responded by noting that the appeals court had already found that resolving Hencely's claims would not require second-guessing military judgments.

The case also leaves one significant problem unresolved. The majority noted that both sides had argued under South Carolina law, but the question of which law actually governs could resurface on remand. The Court may be signaling that Congress should step in and create a uniform federal rule if it wants one.

In plain terms: the Supreme Court has said that when a private military contractor makes a deadly mistake, injured soldiers can sue in state court, just as they could sue any other private company. But the Court has also left room for Congress to create different rules if it believes wartime situations require special protection for contractors.

Enbridge Energy, LP v. Nessel, Docket No. 24-783

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A company that waits nearly three years to move its lawsuit to federal court cannot simply ask a judge to let it slide. The Supreme Court just made a unanimous decision to make that crystal clear. The decision matters because it affects how quickly cases get resolved and which courts get to decide them, but more importantly, it shows the Court is willing to enforce rules strictly, even when a company has good reasons for breaking them.

The Case: A Pipeline and a Missed Deadline

Enbridge operates Line 5, a 645-mile petroleum pipeline running beneath Michigan's Straits of Mackinac. Michigan's Attorney General sued in state court in 2019 to shut it down. When Enbridge was notified on July 12, 2019, a 30-day clock started ticking. The company had one month to move the case to federal court. It did not.

Instead, Enbridge fought in state court for months. Only after a related lawsuit by Michigan's Governor moved to federal court did Enbridge try to move the Attorney General's case too. By then, nearly three years had passed. The Attorney General asked the judge to send the case back to state court. The trial judge said no, but an appeals court reversed that decision. The Supreme Court agreed with the appeals court.

What Enbridge Argued

Enbridge made a straightforward pitch: the 30-day deadline is not a jurisdictional rule, meaning it does not determine whether a court has the power to hear a case at all. Because of that, Enbridge argued, judges should be able to use their general fairness powers to excuse a missed deadline. The company essentially asked the Court to create an escape hatch for companies that miss the deadline but have good reasons.

What Michigan's Attorney General Argued

The Attorney General countered on two fronts. First, she said the fairness exception Enbridge wanted only applies to deadlines that kill a case entirely. This deadline just determines which court hears the case, not whether it gets heard at all. Second, even if fairness principles could apply, the removal law is so carefully structured that Congress clearly did not want judges inventing new exceptions on their own.

The Court's Decision

Justice Sotomayor wrote for all nine justices. The Court sided with the Attorney General. The Court did not need to decide whether fairness principles could ever apply to this deadline. Instead, it focused on what Congress actually intended.

The Court found three key reasons Congress did not want judges making exceptions. First, the law uses firm language: removal notices "shall be filed within 30 days." Second, Congress already wrote in specific exceptions for specific situations, like cases involving foreign governments or mass casualty accidents. If Congress wanted judges to create additional exceptions, why would it have written these specific ones? Third, the whole point of removal law is efficiency and finality. Allowing judges to excuse missed deadlines case by case would create endless uncertainty about which court is handling a case.

Clarifying Judicial Fairness Interpretations

Here is the practical reality: if you are a defendant and you want to move a case from state court to federal court, you have 30 days from the moment you are notified. That is it. There is no escape hatch. There is no judge who can say, "Well, you had a good reason for waiting three years, so I will let it slide."

This decision clarifies something important about how courts work. A deadline can be non-jurisdictional, meaning missing it does not automatically destroy a court's power to act, and still be completely inflexible. Think of it like this: missing the deadline does not mean the case disappears. It just means you cannot move it to federal court. The case stays where it is.

The fact that all nine justices agreed shows the Court sees this as a clear rule, even in a high-stakes case involving an international pipeline. When the stakes are that high and the Court is still unanimous, it signals the rule is settled law.

District of Columbia v. R.W., Docket No. 25-248

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The Supreme Court just reversed a lower court's decision to throw out evidence from a police stop, but the case reveals a fundamental tension in how America's courts decide when officers can legally pull someone over. The question sounds simple: did police have enough reason to stop a teenager driving a car at 2 a.m.? But the answer exposes a real disagreement about how judges should evaluate suspicious behavior, and whether the Supreme Court should even be involved in cases like this one.

What Happened That Night

Around 2 a.m., Officer Vanterpool responded to a radio dispatch about a suspicious vehicle. When he arrived, two passengers bolted from the car, leaving a door open. The driver, a teenager named R.W., started backing up without closing the door. The officer blocked the car, drew his weapon, and ordered R.W. to show his hands. Police later charged R.W. with unauthorized use of a motor vehicle and receiving stolen property. The charge was based on evidence from that stop.

The core question was straightforward: did the officer have enough legitimate reason to stop R.W. in the first place? The lower court said no. The Supreme Court said yes, and it did so without even holding a hearing. The Court signaled that the answer was obvious by skipping their regular procedure of hearing oral arguments.

The Court's Reasoning

The Supreme Court ruled that Officer Vanterpool clearly had grounds to stop R.W. Judges must look at the whole situation, not pick apart individual facts one by one. Think of it like a mosaic. A single tile might look meaningless, but tiles arranged together create a clear picture.

The Court found that R.W.'s companions running away was significant. So was R.W.'s own behavior: backing up with a door hanging open while his friends fled suggested he knew something was wrong. Together, these facts plus the radio dispatch gave the officer reasonable suspicion of criminal activity. That's the legal standard police need before stopping someone.

A Serious Disagreement

Justice Jackson dissented, but not to defend R.W.'s rights directly. Instead, she questioned whether the Supreme Court should have taken the case at all. She argued the lower court had done its job correctly: it carefully examined each fact before weighing them together. That's not the same as ignoring the full picture, she wrote.

Jackson also pointed out that every court, including the Supreme Court in this very opinion, decides which facts matter and which don't. The real question is whether the lower court made a clear error. She suggested it didn't. If the only correction needed was giving more weight to the companions running away, that wasn't significant enough to justify the Supreme Court stepping in without a hearing.

Justice Sotomayor noted she would have declined to hear the case entirely, signaling concern about whether this was the right kind of case for the nation's highest court to decide.

Big Questions About Police Power

Police need reasonable suspicion before they can stop someone. That's a lower bar than probable cause, which is what they need to make an arrest. Reasonable suspicion means an officer has a specific, objective, reason to suspect criminal activity. This reason must be based on the full circumstances, not just a gut feeling.

But here's the tension Jackson identified: how do you evaluate the full picture without examining each fact individually? Any judge writing a decision has to discuss facts one at a time and decide which matter. The difference between doing that fairly and improperly ignoring certain facts isn't always clear.

There's also a bigger question about the Supreme Court's role. The justices are supposed to reverse lower courts without full hearings only when the error is obvious. Whether a disagreement about what a teenager's behavior meant at 2 a.m. truly qualifies is debatable. Jackson's dissent is essentially a call for restraint; not every close judgment call needs the Supreme Court to weigh in.

This case shows how courts balance the competing concerns of protecting people from unreasonable police stops while giving officers enough flexibility to investigate genuine threats. The Supreme Court sided with police power here. But Justice Jackson's dissent reminds us that reasonable people can disagree about what suspicious behavior actually means, and that the Supreme Court doesn't need to settle every disagreement among lower courts.

Chevron USA Inc. v. Plaquemines Parish, Docket No. 24-813

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Chevron just won a major victory that could make it much harder for states to hold big corporations accountable in their own courts. The Supreme Court ruled that the oil company can move a Louisiana environmental lawsuit to federal court by claiming a connection to work it did for the U.S. military during World War II. The decision was lopsided. Eight justices agreed Chevron should win. It opens a door for other corporations to use similar arguments to escape state courts. Historically, juries and judges of state courts have been more sympathetic to environmental and injury claims.

What This Case Is Actually About

Louisiana parishes sued Chevron for destroying coastal wetlands through decades of oil drilling. The damage came from drilling practices dating back to the 1940s, when Chevron extracted crude oil to supply its own refineries. Those refineries turned the crude into aviation fuel for the military during World War II.

Chevron's legal argument was creative: it claimed the case should be heard in federal court instead of Louisiana state court because the oil production was connected to a federal military contract. A lower appeals court rejected the argument since the contract was about refining fuel, not drilling for oil, so the connection was too weak. The Supreme Court disagreed and reversed that decision.

This case is about which court gets to decide whether a company pays for the damage it causes. State courts have historically been friendlier to environmental lawsuits and injury claims. Federal courts are often seen as more business-friendly. By moving cases to federal court, companies can sometimes avoid juries in their home states and face judges with different attitudes toward corporate liability. For Louisiana, which has suffered enormous environmental damage from oil and gas operations, this ruling could make it harder to win pollution cases.

What the Justices Actually Disagreed About

All eight justices agreed Chevron should win, but they disagreed on why. Justice Clarence Thomas, writing for six justices, said the law allows companies to move cases to federal court if their conduct has a "close relationship" to federal work, even if the connection is indirect. He pointed out that Chevron's Louisiana oil field supplied crude directly to its own refinery, the drilling methods increased wartime oil output, and the government had labeled that field critical to the war effort.

Justice Ketanji Brown Jackson agreed Chevron should win but disagreed with Thomas's reasoning. She argued that Congress's 2011 change to the removal law was just a technical fix, not a major expansion. She said the law should still require a direct causal link between what the government ordered and what the company did. Under her stricter standard, Chevron still wins because it produced oil specifically to meet its federal contracts. But her approach would make it harder for other companies to use this same argument in future cases.

The Real Question Left Unanswered

The split between Thomas and Jackson matters because it will determine how broadly companies can use this legal maneuver in the future. Thomas's approach means a company just needs to show its conduct is meaningfully connected to federal work. Jackson's approach means the federal government would have had to cause the conduct being sued over.

Think of it this way: Under Thomas's view, a defense contractor sued for workplace safety violations at a factory that also makes military equipment might escape to federal court. Under Jackson's view, that same company would need to show the military specifically ordered unsafe practices. Future cases with weaker connections than Chevron's will reveal which approach actually wins.

Federal versus State Courts

Chevron hasn't permanently won yet. The case goes back to the lower court, which must still decide other legal questions before Chevron can stay in federal court. Dozens of other oil companies sued in similar Louisiana cases will have to make their own arguments about whether they qualify for the same treatment.

For Louisiana and other states, the practical impact is significant. Environmental lawsuits involving potentially billions of dollars in liability now face a higher hurdle. Companies can more easily claim a federal connection and move cases away from state courts where local juries and judges might be more sympathetic to pollution claims. The Supreme Court's decision doesn't guarantee companies will win these cases in federal court, but it gives them a powerful tool to choose where to argue their claims.

Chiles v. Salazar, Docket No. 24-539

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The Supreme Court has made it much harder for states to ban conversion therapy, the controversial practice of trying to change someone's sexual orientation or gender identity. In a decision that split the justices and alarmed civil rights advocates, the Court ruled that Colorado's ban on the practice violates free speech rights when applied to talk therapy. The ruling could affect similar laws in 25 other states and raises urgent questions about what protections minors have when seeking help from licensed counselors.

The Case: A Colorado Counselor Challenges a Ban

Kaley Chiles is a licensed mental health counselor in Colorado who provides talk therapy to minors. Some of her young clients come to her wanting to reduce same-sex attractions or align their gender identity with their biological sex. In 2019, Colorado banned licensed counselors from practicing conversion therapy with minors, defining it as any attempt to change sexual orientation or gender identity, including through talk alone.

Chiles sued, arguing the law violated her right to free speech. She said her work is pure speech because she uses only words, no medications or procedures. Lower courts disagreed, saying the law regulates professional conduct, not speech. The Supreme Court took the case to settle conflicting rulings among lower courts.

The Arguments: Free Speech Versus Medical Regulation

Chiles's lawyers made a straightforward claim: because she uses only words, her therapy is speech protected by the First Amendment. They argued Colorado's law unfairly takes sides in a debate by allowing therapists to affirm LGBTQ+ identities while banning efforts to change them. This is called viewpoint discrimination, and it's one of the most serious violations of free speech law.

Colorado countered that the law regulates medical treatment, not speech. States have long regulated healthcare professionals, the state argued, and a therapist's words function like a prescription. Colorado also pointed to statements from major medical organizations saying conversion therapy is ineffective and harmful.

The federal government sided with Chiles, offering a powerful historical argument: if Colorado's reasoning were correct, a state in the 1970s could have banned therapists from telling gay patients they were not sick, since homosexuality was then classified as a mental disorder. Everyone agrees that would have been unconstitutional. So the same standard must apply today.

What the Court Decided

Justice Gorsuch wrote the majority opinion, joined by eight justices. The Court ruled that Colorado's law regulates speech based on viewpoint and must meet the highest level of constitutional scrutiny, called strict scrutiny. This is the hardest standard for any law to survive.

The Court's logic was direct: Chiles uses only words, so her therapy is speech. Colorado's law restricts that speech by allowing her to express one viewpoint while forbidding another. Calling speech a "treatment" doesn't change its constitutional protection. The Court also rejected the idea that the law only incidentally burdens speech. It directly targets what Chiles is allowed to say based on the message itself.

The Court dismissed Colorado's argument about regulating healthcare. State licensing of counselors only began in 1976 and traditionally focused on qualifications, not silencing particular viewpoints. The Court sent the case back to lower courts, instructing them to apply strict scrutiny. Colorado must now prove the law serves a compelling government interest and is narrowly tailored to achieve it, a very difficult standard to meet.

Where the Justices Disagreed

Justice Kagan agreed the law engages in viewpoint discrimination but wrote separately to flag an important limit. Not every content-based healthcare law automatically demands the highest scrutiny, she argued. A law that banned all talk therapy on sexual orientation for minors, covering both affirming and conversion approaches equally, might survive under a less demanding standard. Her concurrence essentially offers states a roadmap: regulate viewpoint-neutrally, and you might avoid this ruling.

Justice Jackson dissented alone. She argued the majority misunderstands what happens when states regulate medical care that involves speech. Chiles is a licensed medical professional subject to healthcare regulation, not a speaker being censored for her ideas. Jackson warned that the majority's reasoning could make it nearly impossible to regulate any therapy involving practitioner speech, since medical standards of care are inherently based on professional judgment about what helps patients.

Limited States' Power to Ban Conversion Therapy

The decision is both sweeping and incomplete. The Court established one clear rule: states cannot regulate talk therapy based on viewpoint. But it did not strike down Colorado's law or apply strict scrutiny itself. That falls to lower courts now.

The practical impact is significant. Twenty-five states have conversion therapy bans, many written like Colorado's. Those laws are now constitutionally vulnerable. States wanting to regulate in this area will likely need to draft laws that treat all approaches equally, rather than allowing some while banning others.

The deeper tension the Court left unresolved is real: medical standards of care are inherently based on professional judgment about what works and what harms patients. The majority's answer is that the First Amendment prevents the government from turning prevailing professional opinion into enforced conformity, especially given that professional consensus has been wrong before in ways that hurt real people. But Justice Jackson's dissent shows this reasoning has limits that remain unclear.

For everyday citizens, the bottom line is this: the Court has made it harder for states to protect minors from conversion therapy through licensing laws, at least when those laws single out one viewpoint while allowing another. Whether states can regulate the practice in other ways remains an open question.

Cox Communications, Inc. v. Sony Music Entertainment, Docket No. 24-171

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A jury once ordered Cox Communications to pay record labels over a billion dollars for turning a blind eye while its customers illegally downloaded music. Now the Supreme Court has wiped that verdict away, ruling unanimously that internet providers cannot be held responsible for what their customers do online, even when they know it's happening. The decision protects companies like Cox but leaves music companies and other copyright holders with few practical ways to stop mass piracy.

The Case: A Billion-Dollar Dispute Over Who's Responsible

Cox Communications serves about six million internet customers across the United States. Sony Music and other major record labels sued the company, claiming Cox was legally responsible for copyright infringement committed by its own subscribers. The labels had sent Cox more than 163,000 notices over roughly two years, each one flagging a customer for illegally downloading music. Cox responded by sending warning emails and sometimes cutting off service. But the labels argued that was not enough. A jury agreed and ordered Cox to pay over a billion dollars. A federal appeals court upheld the verdict. The Supreme Court then reversed it, with all nine justices agreeing Cox should not be held liable.

The core question was straightforward: if an internet provider knows its customers are breaking copyright law and keeps their service running anyway, does that make the provider itself legally responsible? The Court said no.

What Each Side Argued

Cox's lawyers made a simple argument: knowing about illegal activity is not the same as being responsible for it. They pointed to a recent Supreme Court case involving Twitter, where justices said companies providing general services have no legal duty to cut off users just because those users break the law. They also warned about real consequences. Among the most frequently flagged accounts were regional internet providers, universities, and hotels. Cutting them off would have meant pulling internet access from tens of thousands of innocent people.

The federal government sided with Cox, arguing that copyright law should work the same way as patent law. Under that framework, a company can only be held liable if it actively encouraged the infringement or if the product it sold had no legitimate use.

The record labels fought back hard. They argued that intent includes not just wanting something to happen but knowing it is virtually certain to happen. They pointed out that Cox had shown contempt for copyright law, with one employee writing an expletive about the law in an internal message. They also raised a practical problem: suing millions of individual infringers one by one is essentially impossible. Copyright holders need to be able to hold internet providers accountable. They also flagged a legal puzzle: if internet providers face no liability at all, then a federal law designed to give them a way to avoid liability becomes pointless.

The Court's Decision

Justice Thomas wrote the majority opinion, joined by six other justices. The ruling was clear: an internet provider can only be held responsible for a customer's copyright infringement if the provider actually intended for its service to be used for infringement. That intent can be shown in exactly two ways.

First, inducement. This means the company actively encouraged or promoted infringement. File-sharing companies that marketed their software as a tool for pirating music would fit this category. Second, the service must be so specifically designed for infringement that it has no real legitimate use. The VCR survived a legal challenge because people used it for countless lawful purposes, like recording television shows to watch later.

Cox did not fit either category. It never encouraged infringement. It sent warnings, suspended accounts, and terminated subscribers. Internet service obviously has countless legitimate uses. The Court said the appeals court had gone too far by ruling that simply knowing about infringement and not doing enough to stop it was sufficient for liability.

Where the Justices Disagreed

All nine justices agreed Cox should win, but two of them disagreed with how the majority reached that conclusion. Justices Sotomayor and Jackson wrote separately because they worried the majority was locking copyright liability into exactly two categories forever. They pointed out that a prior Supreme Court case had explicitly said those categories were not meant to replace other legal theories that might develop over time.

Justice Sotomayor would have analyzed the case using a broader legal framework. Under that approach, a company can be held responsible for helping someone else break the law if it consciously participated in that wrongdoing in a way that helped it succeed. Even under that broader standard, she concluded Cox should not be held liable. The problem was what she called the "informational gap." When Cox received a notice flagging an IP address for infringement, it had no way of knowing exactly who was doing the infringing. A single IP address might belong to a household, a college dormitory, or a smaller internet provider serving thousands of its own customers. Without knowing the specific person committing the infringement, Cox could not be said to have intended to help that specific person do it.

Copyright Enforcement in the Digital Age

This decision reshapes copyright enforcement in the digital age. The majority essentially borrowed the framework from patent law and applied it to copyright law, even though copyright law has no written provision addressing when a third party can be held responsible for someone else's infringement. That move closes doors that Justice Sotomayor wanted to keep open.

There is also a strange tension in federal law. Congress created a protection for internet providers who follow certain rules about cutting off repeat infringers. But if providers face no real liability for serving known infringers in the first place, there is nothing to be protected from. The majority addressed this in a single paragraph, pointing out that failing to qualify for the protection does not automatically mean a provider is liable. That may be technically correct, but it raises a serious question about whether Congress intended to create a protection that serves no real purpose.

Copyright holders are now left with very limited options. Suing millions of individual infringers is not realistic. The Court has essentially told Congress that if it wants internet providers to bear responsibility for what their customers do, it needs to say so explicitly in a new law. Whether Congress takes that step will define how online copyright enforcement works going forward.

Rico v. United States, Docket No. 24-1056

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The Supreme Court just settled a question that affects thousands of people on probation every year: if you disappear while under court supervision, can the government simply extend your probation term to punish you for the time you were gone? The answer, in an 8-1 decision, is no. The ruling protects defendants from a legal trap where they could be punished for breaking probation rules during a period the government claims they were not actually on probation.

The Case: A Woman Who Vanished

Isabel Rico was supposed to finish her three-and-a-half-year probation in June 2021. But in early 2018, she disappeared without telling her probation officer where she was going. When authorities finally caught her in January 2023, nearly five years later, she had committed a drug offense in 2022. The question was simple but consequential: did that 2022 crime count as a probation violation, even though her probation should have ended a year earlier?

Lower courts said yes. They ruled that Rico's disappearance had paused her probation clock, keeping her legally bound by its terms the entire time she was gone. That meant her drug offense counted as a serious violation, which dramatically increased her recommended prison sentence. The Supreme Court disagreed and reversed the decision.

Why This Matters

This case reveals a fundamental contradiction in how the government was treating probation. The government wanted it both ways: it claimed Rico was not actually serving probation while she was on the run, yet insisted she could still be punished for breaking probation rules during that same period. As Rico's lawyer pointed out, you cannot violate the terms of something you are not legally subject to. That logical impossibility is what ultimately doomed the government's argument.

The ruling also matters because it shows how courts interpret laws. When Congress created the modern probation system in 1984, it included specific rules for extending probation, specific rules for what happens when someone disappears, and specific rules for tolling time served. The fact that Congress said nothing about automatically extending probation when someone absconds suggested Congress deliberately chose not to allow it.

What the Court Decided

Justice Neil Gorsuch, writing for eight justices, focused on the actual language of the law. He noted that federal law specifies exactly when probation begins, sets maximum lengths for it, and gives courts specific tools to handle people who disappear, including revoking probation and sending them back to prison. But nowhere does the law say probation automatically extends when someone runs.

The Court rejected every argument the government made. The government compared the situation to old rules about escaped prisoners, but the Court noted that those rules applied to actual imprisonment, not probation. The government warned that without this power, courts might be helpless if a probation officer fails to catch someone before their term expires. The Court's response was direct: if there are gaps in the law, Congress should fix them, not the courts.

The Lone Dissent

Justice Samuel Alito disagreed, but his objection was narrow. He argued that even if the 2022 drug offense did not count as a probation violation, the judge could still consider it when deciding Rico's sentence anyway. Federal judges have broad power to weigh factors like public safety and deterrence, and those factors do not disappear just because probation has ended. Alito also noted that sentencing guidelines are advisory, not mandatory, so the judge had flexibility regardless.

What Happens When Someone Runs From Probation

If you or someone you know is on probation, this ruling protects you from a legal trap. It means the government cannot simply freeze your probation clock while you are on the run and then punish you for crimes committed during that frozen period. Your probation term still has a real endpoint.

That said, judges still have significant power. They can consider crimes you commit after probation ends when they decide your sentence. The difference is technical but real: the judge is not starting from a higher recommended range based on a probation violation. The practical effect on your actual sentence could be the same, but the legal path to get there is different. And if you disappear, the government can still revoke your probation and send you back to prison for the original offense.

The Court's message was ultimately about honest language and clear rules. Probation either applies to you or it does not. You cannot be simultaneously off probation and bound by its conditions. That clarity protects everyone involved in the criminal justice system.

Zorn v. Linton, Docket No. 25-297

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A Vermont police sergeant used a painful arm-twisting technique to force a peaceful protester off the floor during a sit-in. She sued. The Supreme Court just said he cannot be held personally responsible. The decision highlights a growing tension on the Court: how much protection should police officers get from lawsuits, and at what cost to people injured by their actions?

What Happened

During a sit-in at the Vermont state capitol, Sergeant Jacob Zorn used a rear wristlock. It's a technique that bends the arm to cause pain and force compliance. Sergeant Zorn used it to lift protester Shela Linton off the floor. Linton was not fighting back or being aggressive. She was simply refusing to move.

Linton sued Zorn personally for violating her constitutional rights. The case hinged on a legal shield called qualified immunity. This doctrine protects government officials from personal lawsuits unless they violated a right that was already clearly established by prior court decisions. The question was simple: at the time Zorn acted, was it already obvious from existing court rulings that what he did was unconstitutional?

The Supreme Court said no. Because the law was not clearly established, Zorn was protected.

The Court's Reasoning

The unsigned majority opinion focused on whether an earlier case called Amnesty America v. West Hartford was specific enough to warn Zorn that his actions were illegal. The Court said it was not, for three reasons.

First, Amnesty America involved much more aggressive conduct. Officers were ramming protesters' heads and throwing them. Second, that case never actually ruled officers violated the law. It sent the case to a jury to decide. Third, Amnesty America itself referenced another case that actually approved of officers warning protesters and then using wristlocks to move them.

The Court emphasized that Zorn gave repeated warnings before using the wristlock. Because of these differences, the majority concluded Zorn could not have known his conduct was clearly illegal.

The Dissent's Objection

Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, disagreed sharply. She argued the majority got the facts wrong. According to the record, Zorn did not warn Linton before grabbing her arm. He only asked her to stand after he had already started twisting it.

Sotomayor also said the majority misread Amnesty America. That case did discuss rear wristlocks on passive protesters as a practice that could amount to excessive force. That should have been enough to put Zorn on notice, she argued.

More broadly, Sotomayor raised an alarm about a pattern she sees on the current Court: it quickly steps in to protect officers from lawsuits but rarely intervenes when courts wrongly let officers off the hook. This imbalance, she warned, is turning qualified immunity into something closer to absolute protection from accountability.

When Cops Can Be Held Accountable

The tension in this case reflects a real problem in how courts handle police lawsuits. The Fourth Amendment requires courts to weigh the full picture when deciding if force was reasonable. How serious was the situation? Was the person a threat? Were they resisting? That is flexible, case-by-case analysis.

Qualified immunity asks something much narrower. Was it already beyond debate, based on prior rulings, that this exact conduct was unconstitutional? The higher that bar, the harder it becomes to win a lawsuit against an officer.

Here is the practical problem: no two situations are exactly alike. If a prior case involving wristlocks on passive protesters alongside head-ramming is not specific enough to clearly establish that wristlocks alone are unconstitutional, then every slightly different scenario essentially needs its own court ruling before an officer can be held liable. That means the body of clearly established law can almost never grow fast enough to keep up with real-world situations.

The core debate on the current Court is how qualified immunity protects officers making difficult decisions in the moment. Decisions shouldn't create an unworkable barrier that shields misconduct from accountability. Tension exists between giving officers immunity and keeping them accountable raising questions about where the line should be drawn. The answer you give depends on how you weigh those competing concerns. The Court's six-justice majority and three-justice dissent clearly weigh them very differently.

Oliver Vs. City of Brandon, Docket # 24-993

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Gabriel Olivier is a street preacher in Brandon, Mississippi, who was arrested in 2021 for violating a city ordinance that restricted protests and demonstrations near a public amphitheater to a designated area. He pleaded no contest and received a fine of $304, one year of probation, and a suspended ten-day jail sentence. Rather than appeal his conviction, Olivier filed a federal lawsuit seeking a declaration that the ordinance violates the First Amendment and an order barring the city from enforcing it against him in the future. He was not trying to overturn his conviction or get money from the city. The Fifth Circuit Court of Appeals ruled that his lawsuit was blocked by a legal doctrine from a 1994 Supreme Court case called Heck v. Humphrey, which said that winning his federal case would essentially mean his conviction was wrong. The Supreme Court unanimously disagreed and reversed that decision.

Arguments Made By Counsel

Olivier's attorney argued that this was a straightforward case about protecting someone from future prosecutions, not about undoing a past conviction. She pointed to a 1977 Supreme Court case called Wooley v. Maynard, where the Court allowed a previously convicted person to sue for protection against future enforcement of the very law he had been convicted under. She argued that the Heck doctrine was designed to stop prisoners from sneaking around the rules for challenging their convictions, and that concern simply does not apply here.

The federal government stepped in to support Olivier and suggested a clear rule: people who are no longer in custody should be allowed to bring forward-looking lawsuits like this one, while lawsuits that are really about attacking a past conviction should remain blocked. The city's attorney pushed back, arguing that because a ruling in Olivier's favor would imply his conviction was wrong, the lawsuit should be blocked regardless of what kind of relief he was asking for. He also pointed out that Olivier had other options available to him, like appealing his conviction or seeking a pardon.

During arguments, Justice Thomas pointed out a significant problem with the city's position: a person who had never been convicted could bring the exact same lawsuit without any issue, so why should Olivier be treated worse simply because he had been prosecuted before? Justice Kagan pressed the city's attorney on whether the Court's own prior ruling in Wooley already answered the question against him. Justices Gorsuch and Sotomayor raised concerns about what happens to people on probation and whether the city's rule could leave some people with no way to challenge an unconstitutional law at all.

Opinion of the Court

Justice Kagan wrote the opinion for a unanimous Court, holding that the Heck doctrine does not block Olivier's lawsuit because he is only asking for protection going forward. The Court walked through its reasoning in three steps. First, it said that the Wooley case from 1977 would resolve this case on its own, because that decision already established that a previously convicted person can use a federal civil rights lawsuit to seek protection from future prosecutions under the same law.

Second, the Court explained that Heck does not change that conclusion. The Heck doctrine was designed to stop prisoners from using civil rights lawsuits to effectively challenge their convictions while bypassing the proper legal process for doing so. Later cases made clear that lawsuits seeking only forward-looking relief fall outside that concern entirely, and Olivier's lawsuit fits squarely in that category.

Third, the Court addressed the city's argument that winning the case would still imply the conviction was wrong. The Court acknowledged that this was technically true, but said that broad legal language from past opinions should be read in the context of the situations those opinions were actually addressing. The Heck doctrine was meant to catch lawsuits that are really disguised attacks on past convictions, not genuine challenges to whether a law can be enforced in the future. The Court also noted that it was not deciding whether someone currently in custody could bring the same kind of forward-looking lawsuit, leaving that question for another day.

How Courts Decide Whether a Civil Rights Lawsuit Is a Disguised Attack on a Prior Conviction

The most important analytical move in this opinion is a simple hypothetical. The Court imagined a person named Laurence who has never been convicted of anything but wants to challenge the same ordinance in federal court. No one would argue that Heck blocks Laurence's lawsuit. But if Laurence wins, the result would equally imply that Olivier's conviction was based on an unconstitutional law. That means the mere fact of a prior conviction cannot be what triggers the Heck barrier, because the logical consequence of winning is the same either way.

This hypothetical exposes the core principle the Court is applying. The Heck doctrine exists to prevent civil rights lawsuits from becoming a back door for prisoners to challenge their convictions without following the proper legal process. When a lawsuit is genuinely about stopping future enforcement of a law, it is a fundamentally different kind of case than one that is really about proving a past conviction was wrong. The first looks forward and asks whether a law is constitutional. The second looks backward and asks whether something went wrong in a prior case.

The practical consequence of the Fifth Circuit's approach was deeply counterintuitive. Under that rule, the person with the most direct and proven experience of being harmed by an unconstitutional law had less access to federal court than someone who had never been prosecuted at all. The Supreme Court's decision corrects that imbalance, at least for people who are no longer serving a sentence or on probation. The question of what happens to someone who is still in custody when they bring a forward-looking challenge remains open, and the Court's careful reservation of that issue signals that the boundaries of the Heck doctrine are not yet fully settled.

Galette v. New Jersey Transit Corp., Docket No. 24-1021

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Is an agency is really the state itself, or just a separate organization the state created? That difference matters because states can sometimes avoid being sued in another state’s courts.

In Galette v. New Jersey Transit Corporation, the Supreme Court said New Jersey Transit is not an “arm of the State” of New Jersey. That means NJ Transit does not get to share New Jersey’s protection from being sued in the courts of another state.

Justice Sonia Sotomayor wrote for a unanimous Court. The justices pointed to how New Jersey set up NJ Transit as its own legal entity with the usual powers that corporations have. In legal language, a “body corporate and politic.” The Court also noted that, under New Jersey law, the state is not formally on the hook for NJ Transit’s debts or court judgments, and the state’s control over NJ Transit didn’t change the bottom line.

The Court affirmed the New York Court of Appeals and reversed the Pennsylvania Supreme Court, sending the cases back down.

Summary of the Case

Two people were injured in separate accidents involving New Jersey Transit buses. One was struck by a bus in Manhattan, and another was hit when a bus collided with his car in Philadelphia. Both victims sued NJ Transit in their home state courts: one in New York, the other in Pennsylvania.

NJ Transit asked both courts to dismiss the lawsuits. The transit agency argued it was legally an arm of the State of New Jersey and therefore protected by sovereign immunity, which generally prevents people from suing state governments.

This created a problem. The New York Court of Appeals disagreed with NJ Transit's claim and allowed the lawsuit to proceed. The Pennsylvania Supreme Court agreed with NJ Transit and dismissed the case. The Supreme Court stepped in to resolve this conflict and establish clear rules for determining when a state-created entity qualifies as an arm of the state for immunity purposes.

The Court ruled unanimously that NJ Transit is not an arm of New Jersey and therefore cannot claim the state's sovereign immunity. The New York judgment was affirmed, and the Pennsylvania judgment was reversed.

Arguments Made By Counsel

NJ Transit's position rested on several grounds. First, the agency argued that formal corporate status should not be the deciding factor. What mattered was the state's intent and the entity's function. Second, NJ Transit argued it served essential governmental functions, specifically transportation infrastructure, while being heavily controlled and funded by New Jersey. Third, the agency pointed out that New Jersey's own characterization of NJ Transit as an instrumentality of the state should carry significant weight. Fourth, NJ Transit emphasized practical realities. The state provided between 15 and 46 percent of its operating budget over decades, demonstrating financial integration with the state.

The victims' counter-argument, supported by New York's highest court, emphasized formal legal structure. NJ Transit was incorporated as a body corporate and politic with traditional corporate powers: the right to sue and be sued, to contract, and to acquire property. The state's statute explicitly disclaimed liability for the corporation's debts. These formal characteristics, they argued, signaled a legally separate entity regardless of how much control the state exercised.

At stake was a fundamental tension in administrative law. Can a state use corporate form as a strategic tool to shield itself from liability while maintaining operational control? Or does the choice of corporate form carry irrevocable legal consequences?

Opinion of the Court

Justice Sotomayor's opinion traced the Court's entire history on this question back to 1824, establishing a clear framework for when an organization remains part of the state versus when it's legally separate.

The key question is whether the state has created a truly independent legal entity. The Court identified three main factors. First, legal structure: Is it set up as a corporation with standard corporate powers—like the ability to sue and be sued? This is the strongest evidence of independence, and states often deliberately choose this form to shield themselves from liability. Second, formal liability: Under state law, is the state legally responsible for the entity's debts? If the state is on the hook, it's more likely part of the government. Third, state control: While this matters somewhat, the Court warned it's an unreliable indicator since states control many genuinely independent entities like cities and counties.

Applying these factors to NJ Transit, the Court found it was clearly independent. NJ Transit is legally structured as a corporation with full corporate powers. New Jersey's law explicitly states that NJ Transit's debts are not the state's debts. Although New Jersey has substantial control through appointments and board representation, state law simultaneously requires NJ Transit to operate independently. This combination of legal separation and formal non-liability outweighed the state's control, making NJ Transit legally distinct from New Jersey itself.

When Corporate Form Determines Sovereign Immunity Status

The real sophistication in this opinion lies in what the Court rejected and why. These rejections reveal what this case is fundamentally about.

Most importantly, the Court rejected the idea that how much a state funds an entity should determine its status. New Jersey's funding of NJ Transit varied wildly over 35 years from 15 to 46 percent of the budget. Where would you draw the line? And it would be absurd if NJ Transit was part of the state in 2010 (when funding was high) but not in 2015 (when funding was lower). The relevant question is formal legal responsibility, not whether the state happens to pay its bills.

Twenty-three states urged the Court to let states decide the issue simply by labeling an entity. If New Jersey calls NJ Transit an instrumentality of the state, case closed. The Court refused because it would let states game the system. They could change an entity's status whenever convenient by rewriting their laws. Beyond that, NJ Transit's own statute used contradictory labels (calling it both an "instrumentality" and a "body corporate"), so even a label-based test wouldn't actually resolve uncertainty. Courts would still need to dig deeper.

NJ Transit argued that operating transit systems is a core government responsibility, proving it should be part of the state. The Court rejected this too. The problem is that "essential" is vague and subjective. Cities and counties perform essential functions but aren't arms of the state. The American Red Cross does essential work in disasters but has no sovereign immunity. The real question isn't whether an entity does something important. It's whether the state runs it directly or created it as a legally separate organization to do the job.

Underlying all these rejections is a clearer principle: sovereign immunity protects a state's control over its own budget decisions. If an entity is formally responsible for its own judgments, the money comes from that entity's budget, not the state's. The state can choose to bail it out afterward, but it hasn't automatically committed its treasury. That preserves what immunity is really meant to protect—the state's freedom to decide how to spend its resources.