Claims

Justices seem receptive of private suits against investment companies

by

In a recent hearing regarding FS Credit Opportunities Corp. v. Saba Capital Master Fund, the Supreme Court justices exhibited a surprising openness to allowing private parties to sue investment companies under the Investment Company Act of 1940. This case marks a significant moment as it challenges the traditional skepticism the Court has shown towards implied rights of action in previous decades. The justices’ consideration of the statute’s provisions suggests a potential shift in the legal landscape governing investment companies and their accountability. Arguments Presented Before the Court The arguments presented by Shay Dvoretzky, representing the … Read more

Text and History, Not History and Tradition

by

The interpretation of constitutional law often hinges on the principles of textualism and historical context. In debates surrounding the Second Amendment, a prevalent notion is that the Supreme Court employs a “history and tradition” test to adjudicate claims. However, this characterization can obscure the essential role of the text itself in constitutional interpretation. This discussion aims to clarify the distinction between relying solely on tradition versus a more balanced approach that incorporates both text and history. The Misconception of “History and Tradition” in Constitutional Interpretation Many legal scholars argue that the Supreme Court’s reliance on … Read more

Supreme Court difficult to read in case on campaign finance limitations

by

The recent deliberations of the Supreme Court regarding campaign finance limitations have sparked considerable interest and debate among legal scholars, political analysts, and the general public. The case, National Republican Senatorial Committee v. Federal Election Commission, challenges the constitutionality of federal laws that restrict the financial coordination between political parties and candidates. As the justices weigh the implications of these restrictions, the outcome remains uncertain, reflecting the complexities of First Amendment rights in the context of political spending. Background of the Case During the oral arguments, the justices expressed a range of viewpoints, with some … Read more

Supreme Court Sends Dispute on HIV Disability Claim Back to Lower Court

by

The Supreme Court recently made significant rulings regarding two distinct legal cases, one involving a disability claim related to HIV and the other concerning the definition of “reasonable doubt” in criminal trials. In the first case, the high court addressed the appeal of a Louisiana man who claimed he was denied access to a physical therapy clinic due to his HIV status. This ruling has potential implications for how federal disability laws are interpreted in relation to state laws, particularly during public health emergencies. Case Overview: Doe v. Dynamic Physical Therapy In Doe v. Dynamic … Read more