Supreme Court Decision Syllabus (SCOTUS Podcast)
Following what the Supreme Court is actually doing can be daunting. Reporting on the subject is often only done within the context of political narratives of the day -- and following the Court's decisions and reading every new case can be a non-starter. The purpose of this Podcast is to make it as easy as possible for members of the public to source information about what is happening at the Supreme Court. For that reason, we read every Opinion Syllabus without any commentary whatsoever. Further, there are no advertisements or sponsors. We call it "information sourcing," and we hope that the podcast is a useful resource for members of the public who want to understand the legal issues of the day, prospective law students who want to get to know legal language and understand good legal writing, and attorneys who can use the podcast to be better advocates for their clients.
*Note this podcast is for informational and educational purposes only.
Supreme Court Decision Syllabus (SCOTUS Podcast)
USDA v. Kirtz (Fair Credit Reporting Act / Sovereign Immunity)
DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT RURAL HOUSING SERVICE v. KIRTZ
Reginald Kirtz obtained a loan from the Department of Agriculture Rural Development Rural Housing Service. According to Kirtz, the USDA later told one of the major credit agencies (TransUnion) that Kirtz was behind on his payments. Kirtz says this was false and these false statements hurt his credit report and score. He sued the USDA under the Fair Credit Reporting Act. The USDA moved to dismiss in District Court because on sovereign immunity grounds. The FCRA defines "person" to include government agencies -- but the statute does not expressly abrogate sovereign immunity otherwise. The District Court granted the USDA's motion to dismiss on these grounds. The Third Circuit reversed. The issue in front of the Supreme Court was whether the federal government can be sued for violation of the Fair Credit Reporting Act, or if this is precluded on sovereign immunity grounds. Held: A consumer may sue a federal agency for defying the FCRA’s terms.
Justice Gorsuch writing for a unanimous Court.
