Tag Archive for June

News and Opinion

SCOTUS Watch – Monday, June 27th – UPDATE: Texas HB2 TRAP law is struck down!!! WIN for reproductive rights …

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

The Supreme Court will be in session this morning for opinions starting at 10:00am Eastern. SCOTUSblog will liveblog at this link starting at 9:30am Eastern.

There are 3 cases pending:
– WIN for women’s reproductive rights!!
Whole Woman’s Health v. Hellerstedt
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health – or any other valid interest.
– WIN for victims of domestic violence
Voisine v. United States
Two men from Maine are challenging their convictions for possessing guns under a federal law that is intended to keep guns out of the hands of people who have previously been convicted of domestic violence. Their claim is that the conviction under state laws is not the same as a conviction under federal law that would trigger the ban.
– McDonnell v. U.S.
Whether “official action” under the controlling fraud statutes is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.

A full list of pending cases (with links) is below the fold.

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Editors' Choice

SCOTUS Watch – Thursday, June 23rd – UPDATE: Affirmative Action wins, DAPA still on hold

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

The Supreme Court will be in session this morning for opinions starting at 10:00am Eastern. SCOTUSblog will liveblog at this link starting at 9:30am Eastern.

There are 8 cases pending. These are the major and/or newsworthy cases heard in the current term but not yet decided:
– United States v. Texas – DECIDED, injunction will not be removed, DAPA implementation still on hold
Whether the Obama administration has the authority to issue its new deferred-action policy for undocumented immigrants, whether the states have standing to challenge the policy at all, whether DHS was required to notify the public about the proposed policy and provide opportunity for the public to weigh in on it, and whether the policy violates the Constitution’s “Take Care Clause,” which requires the president to “take care that the laws be faithfully executed.”
– Whole Woman’s Health v. Hellerstedt
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health – or any other valid interest.
– Fisher v. University of Texas at Austin DECIDED, UT wins
Does the use of racial preferences in undergraduate admissions by the University of Texas violate the Equal Protection Clause?
– McDonnell v. U.S.
Whether “official action” under the controlling fraud statutes is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.

A full list of pending cases (with links) is below the fold.

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Justice, News and Opinion

SCOTUS Watch – Monday, June 20th

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

The Supreme Court will be in session this morning for orders and opinions starting at 9:30am Eastern. SCOTUSblog will liveblog at this link starting at 9:15am Eastern.

There are 13 cases pending. These are the major and/or newsworthy cases heard in the current term but not yet decided:
– United States v. Texas
Whether the Obama administration has the authority to issue its new deferred-action policy for undocumented immigrants, whether the states have standing to challenge the policy at all, whether DHS was required to notify the public about the proposed policy and provide opportunity for the public to weigh in on it, and whether the policy violates the Constitution’s “Take Care Clause,” which requires the president to “take care that the laws be faithfully executed.”
– Whole Woman’s Health v. Hellerstedt
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health – or any other valid interest.
– Fisher v. University of Texas at Austin
Does the use of racial preferences in undergraduate admissions by the University of Texas violate the Equal Protection Clause?
– Encino Motorcars, LLC v. Navarro
Whether “service advisors” at car dealerships are exempt under 29 U.S.C. §213(b)(10)(A) from the Fair Labor Standards Act’s overtime-pay requirements.
– McDonnell v. U.S.
Whether “official action” under the controlling fraud statutes is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.

A full list of pending cases (with links) is below the fold.

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News and Opinion

SCOTUS Watch – Thursday, June 16th

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds. Today will be a Thursday opinion day.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

The Supreme Court will be in session this morning for opinions starting at 10:00am Eastern. SCOTUSblog will liveblog at this link starting at 9:30am Eastern.

There are 16 cases pending. These are the major and/or newsworthy cases heard in the current term but not yet decided:
– United States v. Texas
Whether the Obama administration has the authority to issue its new deferred-action policy for undocumented immigrants, whether the states have standing to challenge the policy at all, whether DHS was required to notify the public about the proposed policy and provide opportunity for the public to weigh in on it, and whether the policy violates the Constitution’s “Take Care Clause,” which requires the president to “take care that the laws be faithfully executed.”
– Whole Woman’s Health v. Hellerstedt
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health – or any other valid interest.
– Fisher v. University of Texas at Austin
Does the use of racial preferences in undergraduate admissions by the University of Texas violate the Equal Protection Clause?
– Encino Motorcars, LLC v. Navarro
Whether “service advisors” at car dealerships are exempt under 29 U.S.C. §213(b)(10)(A) from the Fair Labor Standards Act’s overtime-pay requirements.
– McDonnell v. U.S.
Whether “official action” under the controlling fraud statutes is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.

A full list of pending cases (with links) is below the fold.

(Read More)

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News and Opinion

SCOTUS Watch – Monday, June 13th

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

The Supreme Court will be in session this morning for orders and opinions starting at 9:30am Eastern. SCOTUSblog will liveblog at this link starting at 9:25am Eastern.

These are the major and/or newsworthy cases heard in the current term but not yet decided:
– United States v. Texas
Whether the Obama administration has the authority to issue its new deferred-action policy for undocumented immigrants, whether the states have standing to challenge the policy at all, whether DHS was required to notify the public about the proposed policy and provide opportunity for the public to weigh in on it, and whether the policy violates the Constitution’s “Take Care Clause,” which requires the president to “take care that the laws be faithfully executed.”
– Whole Woman’s Health v. Hellerstedt
Whether, when applying the “undue burden” standard of Planned Parenthood v. Casey, the Fifth Circuit erred in concluding that this standard permits Texas to enforce, in nearly all circumstances, laws that would cause a significant reduction in the availability of abortion services while failing to advance the State’s interest in promoting health – or any other valid interest.
– Fisher v. University of Texas at Austin
Does the use of racial preferences in undergraduate admissions by the University of Texas violate the Equal Protection Clause?
– Encino Motorcars, LLC v. Navarro
Whether “service advisors” at car dealerships are exempt under 29 U.S.C. §213(b)(10)(A) from the Fair Labor Standards Act’s overtime-pay requirements.
– McDonnell v. U.S.
Whether “official action” under the controlling fraud statutes is limited to exercising actual governmental power, threatening to exercise such power, or pressuring others to exercise such power, and whether the jury must be so instructed; or, if not so limited, whether the Hobbs Act and honest-services fraud statute are unconstitutional.

A full list of pending cases (with links) is below the fold.

(Read More)

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Editors' Choice, News and Opinion

SCOTUS Watch – Monday, June 29th – UPDATE: AZ redistricting win, Death drug loss, EPA back to drawing board

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds and this year was no different as over the last two weeks we had Thursday and Friday opinion days. Today should be the last session of the term.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

The Supreme Court will be in session this morning for orders and opinions starting at 9:30am Eastern. SCOTUSblog will liveblog at this link starting at 8:30am Eastern.

These are the cases heard in the current term but not yet decided:
– DECIDED: The districts can be set by the commission. Decision (PDF). The “can citizens redistrict?” case, Arizona State Legislature v. Arizona Independent Redistricting Commission (the Federal District Court upheld the redistricting, legislature appealed directly to Supreme Court)
– DECIDED: Oklahoma drugs are not cruel. Decision (PDF). A death penalty case related to the drugs used, Glossip v Gross (Oklahoma wants to change its drug protocol, 10th Circuit ruled against the plaintiffs and for the state)
– DECIDED: EPA must redo regulations looking at costs. Decision (PDF). Three suits against the EPA over its regulation of utilities and “failure” to consider costs, listed as Michigan vs. the Environmental Protection Agency (EPA) (The states are appealing a ruling upholding EPA rule making procedures)

A full list of pending cases (with links) is below the fold.

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Editors' Choice, News and Opinion

SCOTUS Watch – Friday, June 26th – UPDATE: Court rules that same-sex marriage is a right

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar normally calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds and this year is no different as last week we had our first Thursday opinion day and this week the court is adding Thursday and Friday.

The Friday Liveblog will start at 9:00am Eastern with opinions at 10:00am. We expect the last day of opinions to be Monday, June 29th after which the court will adjourn until the Fall term.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

UPDATE: Obergefell v. Hodges. 6th Circuit overturned, ruling is for Obergefell and affirms a constitutional right for same-sex couples to marry. Decision 5-4, Kennedy writing majority. Opinion (PDF)

Johnson v. U.S. Ruling is for Johnson and that the Armed Career Criminal Act denies due process. Ruling is 8-1, with Scalia writing majority opinion. Opinion (PDF)

The Supreme Court will be in session this morning for opinions starting at 10:00am Eastern. SCOTUSblog will liveblog at this link starting at 9:00am Eastern.

Included in the list of cases heard in the current term but not yet decided are these:
– DECIDED: 6th Circuit overruled. Same-sex marriage is a right. The marriage equality cases, listed under Obergefell v. Hodges (6th Circuit ruled in favor of the state bans)
– The “can citizens redistrict?” case, Arizona State Legislature v. Arizona Independent Redistricting Commission (the Federal District Court upheld the redistricting, legislature appealed directly to Supreme Court)
– A death penalty case related to the drugs used, Glossip v Gross (Oklahoma wants to change its drug protocol, 10th Circuit ruled against the plaintiffs and for the state)
– Three suits against the EPA over its regulation of utilities and “failure” to consider costs, listed as Michigan vs. the Environmental Protection Agency (EPA) (The states are appealing a ruling upholding EPA rule making procedures)

A full list of pending cases (with links) is below the fold.

(Read More)

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Editors' Choice, News and Opinion

SCOTUS Watch – Thursday, June 25th – UPDATED: ACA Wins! Fair Housing Wins!

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds and this year is no different as last week we had our first Thursday opinion day and this week the court is adding Thursday and Friday.

The Thursday Liveblog will start at 9:00am Eastern with opinions at 10:00am. Friday’s Liveblog will start at 9:00am Eastern also with opinions at 10:00am. We expect the last day of opinions to be Monday, June 29th after which the court will adjourn until the Fall term.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 

All eyes turn to the court

The Supreme Court will be in session this morning for opinions starting at 10:00am Eastern. SCOTUSblog will liveblog at this link starting at 8:30am Eastern.

Included in the list of cases heard in the current term but not yet decided are these:
– The marriage equality cases, listed under Obergefell v. Hodges (6th Circuit ruled in favor of the state bans)
– DECIDED: 4th Circuit Affirmed! Subsidies are available on Federal Exchange as well as State Exchange!!The Affordable Care Act state exchange case, King v Burwell (4th Circuit ruled in favor of Burwell)
– The “can citizens redistrict?” case, Arizona State Legislature v. Arizona Independent Redistricting Commission (the Federal District Court upheld the redistricting, legislature appealed directly to Supreme Court)
– A death penalty case related to the drugs used, Glossip v Gross (Oklahoma wants to change its drug protocol, 10th Circuit ruled against the plaintiffs and for the state)
– DECIDED: 5th Circuit Affirmed! Disparate Impact Survives!! An assault on the Fair Housing Act, Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. (The 5th Circuit ruled against the state agency’s mis-application of the Fair Housing Act)
– Three suits against the EPA over its regulation of utilities and “failure” to consider costs, listed as Michigan vs. the Environmental Protection Agency (EPA) (The states are appealing a ruling upholding EPA rule making procedures)

A full list of pending cases (with links) is below the fold.

(Read More)

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Editors' Choice, News and Opinion

SCOTUS Watch – Monday, June 22nd – UPDATED

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this term (before the court adjourns on June 30th for the summer). The calendar calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds and this year is no different as last week we had our first Thursday opinion day (no word yet on this week) THERE WILL BE A THURSDAY OPINION DAY – Liveblog to start at 8:30am Eastern, opinions at 10:00am and also Friday at 10:00am.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

UPDATE: Four cases
– The City of Los Angeles vs. Patel – 9th Circuit upheld in matter of turning over guest registries. The city has no right to the guest registries.
– Kimball v Marvel Entertainment LLC – Marvel wins. Lower court rulings upheld that the original holder of a patent is not entitled to royalties after the patent expires.
– Kingsley v Hendrickson – 7th Circuit overruled in a Due Process case granting protections to a jail inmate.
– Horne v Department of Agriculture – 9th Circuit overruled. Raisin farmer entitled to compensation for raisins seized in the excess raisin program.

The Supreme Court will be in session this morning for orders and opinions starting at 9:30am Eastern. SCOTUSblog will liveblog at this link starting at 9:00am Eastern.

Included in the list of cases heard in the current term but not yet decided are these:
– The marriage equality cases, listed under Obergefell v. Hodges (6th Circuit ruled in favor of the state bans)
– The Affordable Care Act state exchange case, King v Burwell (4th Circuit ruled in favor of Burwell)
– The “can citizens redistrict?” case, Arizona State Legislature v. Arizona Independent Redistricting Commission (the Federal District Court upheld the redistricting, legislature appealed directly to Supreme Court)
– A death penalty case related to the drugs used, Glossip v Gross (Oklahoma wants to change its drug protocol, 10th Circuit ruled against the plaintiffs and for the state)
– An assault on the Fair Housing Act, Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. (The 5th Circuit ruled against the state agency’s application of the Fair Housing Act)
– Three suits against the EPA over its regulation of utilities and “failure” to consider costs, listed as Michigan vs. the Environmental Protection Agency (EPA) (The states are appealing a ruling upholding EPA rule making procedures)
– DECIDED – 9th Circuit Upheld A 4th Amendment case involving hotel guest registries, The City of Los Angeles vs. Patel (the city is appealing 9th Circuit ruling that the registries do not need to be turned over)

A full list of pending cases (with links) is below the fold.

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Editors' Choice, News and Opinion

SCOTUS Watch – Thursday, June 18th – UPDATED

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June is SCOTUS Decision month, when all eyes turn to the Supreme Court for rulings on the cases argued this session (before the court adjourns on June 30th for the summer). The calendar calls for orders and opinions to be released every Monday – 9:30am for orders and 10:00am for opinions. However, history has shown that additional “opinion days” are often added as the month unfolds and this year is no different as we have our first Thursday opinion day.

As always, the Moose News Network will cover the SCOTUS events with the help of SCOTUSblog and Twitter.

 
All eyes turn to the court

UPDATE: Six decisions, reporting from SCOTUSblog
McFadden v. U.S. – “In a unanimous judgment (the Chief Justice concurs in part and concurs in the judgment), the Court holds that when an analogue is involved, the statute requires the government to establish that the defendant knew he was dealing with substance regulated under either the Analogue Act or the main federal Controlled Substances Act.”

Ohio v. Clark – “The Court is unanimous in its judgment that the child’s statements to his teachers (the introduction in court of a young child’s statements to his preschool teachers about child abuse at home, when the child was unfit to testify) did not violate the Confrontation Clause (the Sixth Amendment right of the accused to confront the witnesses against him.).”

Walker v. Texas Division, Sons of Confederate Veterans – “The majority holds that the specialty license-plate designs offered by Texas constitute government speech, and thus Texas was entitled to refuse the design proposed by the Confederate heritage group that featured a Confederate battle flag.”

Davis v. Ayala – “The Court rules five to four to reverse the Ninth Circuit and hold that a trial judge’s decision to exclude a criminal defendant’s attorney from part of a Batson v. Kentucky hearing, in which the prosecutor explained the basis of some of his peremptory strikes of jurors, was harmless error.”

Brumfield v. Cain – “The Court rules five to four … that there was sufficient evidence that a death-row inmate in Louisiana could show he was impaired by an intellectual disability that he was entitled to have his claims under Atkins v. Virginia (which bars the execution of inmates with a mental disability) considered by a federal court.”

Reed v. Town of Gilbert, Arizona. – “In a unanimous judgment (with five other Justices joining Thomas’s opinion), the Court holds that the town’s relevant sign restrictions are content-based regulations that fail strict scrutiny.” (Overturning 9th Circuit)

The Supreme Court will be in session this morning for opinions starting at 10:00am Eastern. SCOTUSblog will liveblog at this link starting at 9:30am Eastern.

Included in the list of cases heard in the current term but not yet decided are these:
– The marriage equality cases, listed under Obergefell v. Hodges (6th Circuit ruled in favor of the state bans)
– The Affordable Care Act state exchange case, King v Burwell (4th Circuit ruled in favor of Burwell)
– The “can citizens redistrict?” case, Arizona State Legislature v. Arizona Independent Redistricting Commission (the district court upheld the redistricting, legislature appealed directly to Supreme Court)
– A death penalty case related to the drugs used, Glossip v Gross (Oklahoma wants to change its drug protocol, 10th Circuit ruled against the plaintiffs and for the state)
– Some other First Amendment cases:
– The Confederate license plate case, Walker v. Texas Division, Sons of Confederate Veterans (5th Circuit ruled against state, state appealed) DECIDED: State can ban racist plates
– A signage case Reed v. Town of Gilbert, Arizona (9th Circuit ruled that the restrictions were reasonable, Reed appealed) DECIDED: Town cannot ban church signs
– An assault on the Fair Housing Act, Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. (The 5th Circuit ruled against the state agency’s application of the Fair Housing Act)
– Three suits against the EPA over its regulation of utilities and “failure” to consider costs, listed as Michigan vs. the Environmental Protection Agency (EPA) (The states are appealing a ruling upholding EPA rule making procedures)
– A 4th Amendment case involving hotel guest registries, The City of Los Angeles vs. Patel (city is appealing 9th Circuit ruling that the registries do not need to be turned over)

A full list of pending cases (with links) is below the fold.

(Read More)

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