TBA Law Blog


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Posted by: Paul Burch on Aug 1, 2023

Federal judicial officials warned that pending appropriations legislation in Congress would have "detrimental impacts ... on the administration of justice and the functioning of the federal courts if enacted," reports Reuters. In letters made public today, the Judiciary Conference expressed deep concern that the current proposed allocations could force elimination of hundreds of jobs, including in federal public defender offices and for probation and pretrial services as well as cutbacks to cybersecurity improvements. Though the current bills would give the court system a modest overall increase in funding, it is less than the judicial branch's requested 8% increase.

Posted by: Paul Burch on Jul 25, 2023

U.S. Rep. Steve Cohen of Memphis has asked Gov. Bill Lee to make a disaster declaration for Shelby County, after severe thunderstorms last week damaged businesses, homes and utilities, Action News 5 reports. Shelby County Mayor Lee Harris declared a local state of emergency on July 21. In his letter to the governor, Cohen noted that the West Tennessee Emergency Management Agency (TEMA) has estimated that damage from high winds will exceed $11 million. In addition, a diesel fuel leak from a generator in Germantown has affected approximately 4.5 million gallons of water. Germantown Mayor Mike Palazzolo told a press conference that the diesel-contaminated water will be "pumped away" from homes into the stormwater conveyance system that leads to the Wolf River, reports the Commercial Appeal.

Posted by: Paul Burch on Jul 20, 2023

The Democratic-led Senate Judiciary Committee voted 11-10 today along party lines to advance a bill that would mandate a binding ethics code for the Supreme Court, reports Reuters. The legislation would impose new requirements for financial disclosures and for recusal from cases in which a justice may have a conflict of interest. The bill would require Republican support to win passage in the full Senate. Democrats have sought legislation after reports by Associated Press, ProPublica and other news outlets that have called into question both liberal and conservative judge's adherence to practicing full disclosure of outside income and gifts.

Posted by: Stacey Shrader Joslin on Jul 19, 2023

Rachel Bloomekatz, an Ohio litigator whose work on gun control drew Republican scrutiny, was narrowly confirmed to the U.S. Sixth Circuit Appeals Court yesterday, Bloomberg Law reports. Bloomekatz, once a clerk to former Supreme Court Justice Stephen Breyer, has been a solo practitioner in Columbus since 2019. She was confirmed by the U.S. Senate on a vote of 50-48 more than a year after being nominated. She will fill the Ohio seat being vacated by Judge Ransey Guy Cole. Read past coverage of her confirmation journey from TBA Today.

Posted by: Stacey Shrader Joslin on Jul 17, 2023
News Type: Congressional News

The U.S. Senate Judiciary Committee is scheduled to vote this week on a measure that would impose a binding ethics code on the U.S. Supreme Court. The committee chair tells the Associated Press that it is time for the justices to bring their conduct in line with the ethical standards of other branches of government. The news outlet has been releasing investigative pieces that show the justices, regardless of ideological stripes, have engaged in activity that raises ethical concerns. The legislation being considered would require the court to adopt an ethics code. One Republican on the committee said Congress should leave the matter to the court given concerns around the separation of power.

Posted by: Stacey Shrader Joslin on Jul 14, 2023

Nashville attorney Joanne Sowell has decided not to run as a Democrat for U.S. Senate next year, the Nashville Post reports. Sowell had established a campaign in April and raised nearly $130,000 from individual donors. She filed a campaign termination report today and has returned a large portion of donations. Sowell’s departure from the race leaves state Rep. Gloria Johnson, D-Knoxville, as the only possible candidate who has expressed interest. She told the paper in May that she is “definitely considering a run.”

Posted by: Stacey Shrader Joslin on Jun 14, 2023

The Senate Judiciary Committee’s Subcommittee on Federal Courts held a hearing today on U.S. Supreme Court ethics. Those testifying included George Mason University Law School Assistant Professor Jennifer Mascott, Hofstra University School of Law Professor James Sample, and Donald Sherman, chief counsel and executive vice president for Citizens for Responsibility & Ethics. The session comes on the heels of a full committee hearing last month into whether Congress or the U.S. Supreme Court itself should adopt a code of ethics for justices. Watch the proceeding on the committee’s website.

Posted by: Paul Burch on Jun 8, 2023
News Type: Congressional News

Tennessee Republican Rep. Diana Harshbarger and Mikie Sherrill, D-NJ, have introduced the Expanded Telehealth Access Act, a bipartisan bill that will make permanent Centers for Medicare and Medicaid Services waivers that allow for all Medicare-eligible healthcare providers to furnish telehealth services to patients, the Citizen Tribune reports. After the outbreak of the COVID-19 pandemic, the CMS waived requirements that specify the types of healthcare providers that are eligible to bill telehealth services to Medicare, with waivers expiring at the end of 2024 following an extension by Congress. The new legislation would expand the range of healthcare providers that may provide telehealth services to Medicare patients to include physical therapists, occupational therapists, speech language pathologists, and any additional provider participating in Medicare that furnishes a telehealth service.

Posted by: Paul Burch on Jun 6, 2023
News Type: Congressional News

A lawyer for Texas billionaire and Republican donor Harlan Crow has offered to meet with Senate Judiciary Committee staff to discuss his ties to U.S. Supreme Court Justice Clarence Thomas, Reuters reports. Last month, Crow rejected the committee's request to detail gifts he or his companies have made to Thomas. In a six-page letter released Tuesday, Crow's lawyer said he does not think the committee has the power to request information from Crow but “we respect the Senate Judiciary Committee's important role in formulating legislation concerning our federal courts system, and would welcome a discussion with your staff."

Posted by: Paul Burch on Jun 1, 2023
News Type: Congressional News

The U.S. Senate today voted 52-46 to overturn a student debt relief plan that would have given 40 million borrowers up to $20,000 in loan forgiveness, reported The Hill. A presidential veto is expected. The Congressional Budget Office recently estimated that reversing course on the relief bill would reduce the deficit by $320 billion over 10 years.


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