TBA Law Blog


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Posted by: Liz Slagle Todaro on Jul 1, 2021
News Type: U.S. Supreme Court

The Supreme Court today ruled that two provisions of an Arizona voting law that restrict how ballots can be cast do not violate the Voting Rights Act, which bars regulations that result in racial discrimination, reports CNN. Justice Samuel Alito delivered the 6-3 majority opinion in Brnovich v. Democratic National Committee, arguing that the “mere fact that there is some disparity in impact does not necessarily mean that a system is not equally open or that it does not give everyone an equal opportunity to vote.” Justice Elena Kagan authored a dissent that portrayed the ruling as part of an ongoing weakening of the landmark 1965 voting rights law by the high court.

Posted by: Stacey Shrader Joslin on Jun 30, 2021

The Presidential Commission on the Supreme Court of the United States met today to hear from a number of subject matter experts. The testimony was organized into four panels: The Contemporary Debate over Supreme Court Reform: Origins and Perspectives; The Court’s Role in Our Constitutional System; Case Selection and Review at the Supreme Court; and Access to Justice and Transparency in the Operation of the Supreme Court. See the list of those who testified and access their written testimony on the White House website. The commission’s next meeting is planned for July 20.

Posted by: Stacey Shrader Joslin on Jun 30, 2021

The U.S. Supreme Court late yesterday left intact a nationwide pause on evictions put in place amid the coronavirus pandemic. The 5-4 vote rejected an emergency request from a group of landlords asking the court to effectively end the Centers for Disease Control and Prevention's (CDC) moratorium, which was recently extended through July. Chief Justice John Roberts and Justice Brett Kavanaugh joined with the court’s three liberals to keep the stay in place, The Hill reports. Kavanaugh said though he believed the CDC had exceeded its authority in enacting the moratorium, the few weeks left would allow for a “more orderly distribution” of rental assistance funds approved by Congress.

Posted by: Stacey Shrader Joslin on Jun 28, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court today declined to consider an appeal from a Virginia school board in a long-running battle over bathroom access, effectively handing a victory to transgender student Gavin Grimm, SCOTUSblog reports. The development leaves in place a federal appeals court ruling in favor of Grimm, a transgender student who first sued his school district in 2015 for access to the boys’ bathroom. In other action today, the justices added a First Amendment case and an immigration case to their docket for next term. And they ordered a lower court to take a closer look at a wrongful-death lawsuit by the parents of a man who died after police officers pinned him to the ground while he was handcuffed.

Posted by: Stacey Shrader Joslin on Jun 25, 2021

The U.S. Senate Judiciary Committee approved a pair of bills yesterday that would dramatically expand video coverage of federal court trials and other proceedings while putting Supreme Court arguments on camera for the first time, Politico reports. It’s the first time such legislation has cleared the committee in more than a decade. Both bills have bipartisan support though some committee members expressed concern that cameras would lead to “showboating” by lawyers and justices. The federal Administrative Office of the Courts also opposes the congressional effort, saying a rules change should go through its process for notice and comment.

Posted by: Kate Prince on Jun 24, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday ruled that when police officers pursue someone suspected of a misdemeanor, that pursuit does not automatically allow for warrantless entry into a home the suspect has entered, the Associated Press reports. “On many occasions, the officer will have good reason to enter — to prevent imminent harms of violence, destruction of evidence, or escape from the home,” Justice Elena Kagan wrote in the majority opinion. “But when the officer has time to get a warrant, he must do so — even though the misdemeanant fled.” Chief Justice John Roberts and Justice Samuel Alito suggested the majority’s opinion gave “no guidance at all” to officers in the field and left too much for them to consider in the midst of a chase.

Posted by: Kate Prince on Jun 22, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday unanimously ruled that the NCAA cannot restrict education-related benefits for college athletes, the Associated Press reports. The justices agreed that the NCAA’s limitations on the benefits that colleges can offer athletes who play Division I basketball and football violate antitrust laws. Schools may now further compete for talent by offering a variety of education-related benefits, like computers and paid internships. The ruling was narrow, however, in that it did not determine whether college sports stars can simply be paid salaries for the benefits their efforts bring to universities. Justice Brett Kavanaugh on Monday wrote about the “serious questions” that exist on whether the NCAA’s other restrictions on compensating athletes can stand. “Traditions alone cannot justify the NCAA’s decision to build a massive money-raising enterprise on the backs of student athletes who are not fairly compensated,” he wrote.

Posted by: Stacey Shrader Joslin on Jun 18, 2021

During the Tennessee Judicial Conference meeting this week in Memphis — held in conjunction with the TBA’s Annual Convention — judges from across the state paid tribute to Tennessee Supreme Chief Justice Jeff Bivins for his leadership during the COVID-19 pandemic. Since March 2020, the court has issued 10 orders related to the pandemic and has provided guidance to courts at all levels about holding remote proceedings. More recently, as the state began to open back up, Bivins reviewed reopening plans for courts in all 31 judicial districts. Bivins thanked his colleagues for the honor and a commemorative t-shirt they gave him that read, ”People, please mute your phones” — a nod to the unexpected interruptions and candid moments that occurred during remote hearings. Bivins also thanked Administrative Office of the Courts General Counsel Rachel Harmon, who fielded thousands of emails, calls and texts from judges seeking guidance on holding proceedings during the pandemic.

Posted by: Stacey Shrader Joslin on Jun 18, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court ruled Thursday that the city of Philadelphia violated the free exercise clause when it refused to contract with a Catholic foster care agency that does not place children with same-sex couples or unmarried couples. The decision was unanimous, although three justices concurred in the judgment rather than joining the opinion by Chief Justice John G. Roberts Jr., the ABA Journal reports. In the majority opinion, Roberts wrote that Catholic Social Services, “seeks only an accommodation that will allow it to continue serving the children of Philadelphia in a manner consistent with its religious beliefs; it does not seek to impose those beliefs on anyone else.”

Posted by: Stacey Shrader Joslin on Jun 17, 2021
News Type: U.S. Supreme Court

The U.S. Supreme Court today upheld ObamaCare, officially known as the Affordable Care Act, against the latest Republican challenge, The Hill reports. The justices ruled 7-2 that Republican states challenging the law lacked standing to sue. Led by Texas, the states bringing the suit focused on the law’s tax penalty designed to induce the purchase of health insurance by most Americans. They argued that former President Trump’s 2017 tax cut, which zeroed out the penalty, made that provision unconstitutional. It was the third major challenge to the law to be rebuffed by the court in roughly a decade.


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