Business Law Case Brief

Instructor:
I am providing below Supreme Court cases that were recently decided and a couple
older cases. As to each I will help you by providing the issue I want you to focus on.
That means, while most cases will have some side issues, I want you focused on the
issue that prompts the case’s importance. For the case you select, respond to the
points in the format (Facts, Issue, Ruling, Rationale) and then as to each there will be a
suggested dissent to review. In other words, “brief” the main, majority opinion and then
summarize the dissent and answer the question: “Considering the main opinion and the
dissent, which do you find most persuasive and why?”
The cases to select from and the issue on each:
South Bay United Pentecostal Church, et al., vs. Gavin Newsom, Governor, 592
U.S. — (2021)(6-3 decision)
Issue: Did the state’s COVID response and mandated prohibition on indoor
worship services and at home services violate the “free exercise” clause of the
Constitution?
Consider the dissent by Justice Kagan.
It’s a difficult case to summarize because Justices went in several directions. The
Church wanted to overturn several state mandates and the Court left some in place and
overturned others. You may need a secondary source to determine the actual holding;
but the dissent stands on its own. In briefing this case, discuss in particular J. Kagan’s
comment “the First Amendment demands ‘neutrality'” and address what that means and
how it was applied or misapplied in this case.
Jones v. Mississippi, Slip Opinion, April 22, 2021 , Docket 18-1259 (6-3 decision)
Issue: Does a state court order following a criminal conviction of a juvenile
ordering life in piston without possibility of parole and without a finding of the minor is
incorrigible violate the Eighth Amendment prohibition against cruel and unusual
punishments?
The majority opinion was written by J. Kavanaugh and a dissent was filed by J.
Sotomayor. Consider both and explain which you find more persuasive and why.
Herrerra v. Wyoming, 587 U.S. — (2019)(Docket 17-532)(5-4 decision)
Issue: Did conviction of Crow Indian for hunting in Bighorn National Forest
violate the Crow Tribe of Indians’ 1868 treaty with the U.S.?
Consider also the dissent by Justice Alito.
Which opinion/argument do you find more persuasive? Why?
Gamble v. United States, 587 U.S. — (2019)(Docket 17-646) (7-2 Decision)
Issue: Where a criminal defendant has been convicted in state court, does a
subsequent prosecution for the same offense by the federal government violate the
prohibition of “double jeopardy” as found in the Constitution?
After briefing the majority opinion of Justice Alito, consider the dissent of either
Justice Ginsburg or Justice Gorsuch.
Which opinion/argument do you find more persuasive? Why?
Rucho v. Common Cause, 588 U.S. — (2019)(5-4 Decision)
Issue: Where it is alleged that a state has drawn election district maps in a way
to give political advantage to one, particular party, can the courts intervene to provide
relief to voters whose power has been diluted or diminished by the redistricting?
C.J. Roberts wrote the majority opinion. The dissenting opinion was written by
J. Kagan.
Which opinion do you find more persuasive and why?
County of Maui, Hawaii v. Hawaii Wildlife Fund, et al., 590 U.S. — (2020)
https://www.documentcloud.org/documents/6876365-U-S-Supreme-Court-Decision-Haw
ai%CA%BBi-Wildlife-Fund.html#document/p2
Issue: Under the Clean Water Act, are pollution discharges “from” a point into
ground water which then migrate into the ocean subject to the EPA permitting
requirements of the act?
After determining what the majority opinion ruled, read either the Justice
Thomas or the Justice Alito dissent. Do you find the dissent or the majority more
persuasive… why?