TBA Law Blog


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Posted by: Liz Slagle Todaro on Jun 28, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court today issued three rulings and indicated that the final opinions of the term will be issues on Monday. The court held that an obstruction law used to charge hundreds of rioters who took part in the Jan. 6 attack on the Capitol was improperly applied, according to NPR. The statute in question bars obstruction of an official proceeding, and the court found that it only applies in cases of evidence tampering, such as destruction of records or documents. U.S. Attorney General Merrick Garland said he was disappointed by the decision, but emphasized its impact will be limited as no defendants were charged only with that offense. The Tennessean has more on how the ruling may shorten prison sentences for at least two people arrested in Tennessee.

The court also handed down its biggest decision on homelessness in decades, ruling that ordinances banning people from sleeping and camping in public places do not violate the Eighth Amendment ban on cruel and unusual punishment, reports the New York Times. Justice Sotomayor dissented, arguing that the decision focused only on the needs of cities but not the most vulnerable, noting that sleep is a biological necessity, and this decision forces “an impossible choice — either stay awake or be arrested."

Finally, the court overturned the landmark Chevron v. Natural Resources Defense Council (1984) decision, cutting back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretation of ambiguous laws. CBS reports that the decision will likely have far-reaching effects on issues such as employment, environmental protection and health care. SCOTUSblog has more on all of these cases. Four cases remain to be decided, including whether former President Donald Trump has immunity from prosecution, AP reports.

Posted by: Liz Slagle Todaro on Jun 27, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court today formally issued a decision allowing emergency abortions in Idaho while that case makes its way through the courts, The Hill reports. The court issued an unsigned order dismissing an appeal over Idaho’s strict abortion ban, blocking enforcement of the state’s law where it conflicts with federal law. The ruling prevents the state from denying an emergency abortion to a pregnant person whose health is in danger, at least while the case makes its way through the courts. The order did not indicate why the justices had dismissed the case, but a series of concurring and dissenting opinions provided more insight into the justices’ thinking. The Hill has more on the individual opinions. On Wednesday, a draft opinion in the case was "inadvertently and briefly" uploaded to the court's website. SCOTUSblog has more on today's rulings, including overturning a Purdue Pharma bankruptcy plan that contained billions of dollars to help address the nation’s opioid crisis in exchange for protecting the family that owns the company from future lawsuits. The court also blocked an Environmental Protection Agency air-quality initiative while appeals continue.

Posted by: Liz Slagle Todaro on Jun 27, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court indicated it will take the unusual step of extending its term into July as it finishes work on about a dozen cases. The court updated its website with June 28 and July 1 listed as possible days for opinion announcements. The court has yet to hand down decisions in some key argued cases, including former President Trump’s immunity claims, the legality of banning homeless encampments, the power of federal agencies and two cases related to social media, according to The Hill.

Posted by: Liz Slagle Todaro on Jun 26, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court on Wednesday dismissed a case that had placed significant restrictions on government officials’ ability to communicate with social media companies regarding their content-moderation policies, NPR reports. In a 6 to 3 decision authored by Justice Amy Coney Barrett, the court reversed a lower court ruling on the ground those challenging the interactions lacked standing. The case arose from the Biden administration’s efforts to address the spread of false information around certain issues including COVID-19 vaccines and foreign interference in elections. The court did not decide the question of what precisely constitutes permissible contacts between executive branch officials and social media companies. SCOTUSblog has more on the case.

Posted by: Liz Slagle Todaro on Jun 26, 2024

A U.S. Supreme Court opinion in a case challenging Idaho's near-total abortion ban was "inadvertently and briefly" uploaded to the court's website today, according to a spokesperson for the court, who added that the opinion in Moyle v. United States "will be issued in due course," according to Newsweek. The accidentally shared document indicated the court would dismiss Idaho’s appeal in the case, allowing emergency abortions in the state, but did not address other issues raised in the case. With two opinion days left, the justices have just under a dozen rulings to announce this term, including Moyle. AP has a link to the unofficial document.

Posted by: Julia Wilburn on Jun 21, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court has upheld a federal law that bans people under domestic violence restraining orders from owning firearms, rejecting a defendant’s challenge to the ban. The Hill reports that the 8-1 decision, with Chief Justice John Roberts writing for the majority, noted a tradition of disarming individuals found to pose a credible threat to the physical safety of another. Justice Clarence Thomas was the lone dissenter, writing that “not a single historical regulation justifies that statute at issue.”

Posted by: Stacey Shrader Joslin on Jun 17, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court justices added four new cases to the 2024-2025 term, which will begin in October, SCOTUSblog reports. The cases will tackle issues ranging from the burden of proof for an employer hoping to rely on an exemption from the Fair Labor Standards Act, to the pleading standards for cases under the Private Securities Litigation Reform Act. The additional cases bring to 16 the number of cases to be considered in the next term. The court did not act on a group of petitions testing the constitutionality of bans on gender-affirming care for minors in Tennessee and Kentucky.

Posted by: Stacey Shrader Joslin on Jun 17, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court has ruled that bankrupt companies are not entitled to be reimbursed to make up for a disparity in bankruptcy fees that lasted from 2018 to 2020, saying that U.S. taxpayers should not be on the hook for refunds that would add up to hundreds of millions of dollars. The court ruled in a 6-3 opinion that Congress had intended to raise rates uniformly, and had already addressed the disparity by raising rates in two states that briefly charged lower fees, SCOTUSblog reports.

Posted by: Stacey Shrader Joslin on Jun 13, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court ruled in a unanimous decision today that a group of anti-abortion doctors did not have standing to challenge new rules related to mifepristone, one of two drugs commonly used in medication abortion. The decision overturns a ruling by the U.S. 5th Circuit Court of Appeals, which had made it more difficult to obtain the drug. The opinion did not address any underlying regulatory or safety issues raised by the group, only finding that the doctors did not show they had personally been harmed by the government’s rules. In related news, Reuters reports that another case from three Republican-led states is still working its way through the appeals process and if taken up by the court could test the legitimacy of the rule.

In another decision released today, the court overturned a lower court’s ruling ordering Starbucks to reinstate seven Memphis-based employees terminated amid a unionization drive. The justices rejected a “more lenient test” used by the lower court to determine the employees had to be reinstated. Instead, it directed courts to use a more stringent, four-factor test applied in other contexts. Read more about both decisions from The Hill.

Posted by: Julia Wilburn on Jun 7, 2024
News Type: U.S. Supreme Court

Financial disclosures for 2023 from eight of the nine U.S. Supreme Court justices were released today. Justice Clarence Thomas listed luxury travel paid for by Republican megadonor Harlan Crow. Justices Ketanji Brown Jackson and Brett Kavanaugh reported six-figure advances on book deals. Justices Neil Gorsuch and Sonia Sotomayor reported royalty income from their books of $250,000 and nearly $90,000, respectively. Jackson also reported the gift of four Beyonce concert tickets, from Queen Bey herself, valued at more than $900 each. The Associated Press and The Hill have more on the disclosures, which include rental properties, teaching fees and artwork.


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