U.S. Supreme Court opinions: June 13 Monday, June 13, 2022
The United States Supreme Court has issued five new opinions.
In ZF Automotive U. S., Inc. v. Luxshare, Ltd., the court held that although 28 U. S. C. §1782(a) permits a district court to order discovery “for use in a proceeding in a foreign or international tribunal,” only a governmental or intergovernmental adjudicative body may qualify as such a tribunal, and the arbitration panels in these cases are not such adjudicative bodies.
Read the court's opinion at: https://www.supremecourt.gov/opinions/21pdf/21-401_2cp3.pdf
In Denezpi v. United States, the court held that the Double Jeopardy Clause does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them.
Read the court's opinion at: https://www.supremecourt.gov/opinions/21pdf/20-7622_ljgm.pdf
In Johnson v. Arteaga-Martinez, the court held that Title 8 U. S. C. §1231(a)(6) does not require the Government to provide noncitizens detained for six months with bond hearings in which the Government bears the burden of proving, by clear and convincing evidence, that a noncitizen poses a flight risk or a danger to the community.
Read the court's opinion at: https://www.supremecourt.gov/opinions/21pdf/19-896_2135.pdf
In Garland v. Gonzalez, the court held that Title 8 U. S. C. §1252(f)(1)—which generally strips lower courts of “jurisdiction or authority” to “enjoin or restrain the operation of ” certain provisions of the Immigration and Nationality Act—deprived the District Courts of jurisdiction in these cases to entertain respondents’ requests for class-wide injunctive relief.
Read the court's opinion at: https://www.supremecourt.gov/opinions/21pdf/20-322_m6hn.pdf
In Kemp v. United States, the court held that the term “mistake” in Federal Rule of Civil Procedure 60(b)(1) includes a judge’s errors of law; because Kemp’s motion alleged such an error, it was cognizable under Rule 60(b)(1) and untimely under Rule 60(c)’s 1-year limitations period.
Read the court's opinion at: https://www.supremecourt.gov/opinions/21pdf/21-5726_5iel.pdf