TBA Law Blog


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Posted by: Kate Prince on Sep 22, 2020

Judge Amy Coney Barrett, a frontrunner to fill the U.S. Supreme Court vacancy created by the late Justice Ruth Bader Ginsburg, is a Rhodes College graduate, the Daily Memphian reports. Barrett, who was also a favorite in 2018 to fill a SCOTUS vacancy created by the retirement of Justice Anthony Kennedy, is a member of the 7th Circuit Court of Appeals. President Donald Trump met with Barrett yesterday and tweeted that he planned to nominate a woman to the post by the end of the week. Others on the short list are Appeals Court Judge Allison Jones Rushing and White House Deputy Counsel Kate Todd, according to reports. If selected, Barrett would be the second Rhodes College graduate to hold a seat on the U.S. Supreme Court, following Justice Abe Fortas, who graduated in 1930 from Rhodes when it was called Southwestern.

Posted by: Kate Prince on Sep 22, 2020

Memphis-area lawyers, judges, law professors and others came together on Monday night to memorialize the late U.S. Supreme Court Justice Ruth Bader Ginsburg who died Friday, the Daily Memphians reports. Memphis lawyer Jessica L. Indingaro organized the event that celebrated Ginsburg’s wit, courage and her dedication to equal treatment of women under the law. Thirtieth Circuit Court Judge Gina C. Higgins, 4th Division, spoke to roughly 100 attendees from the steps of the Judge D’Army Bailey Courthouse. “We do not accept that your death is the death of an era,” she said. “Instead, it is the birth of … those who will make their voices known.” Tennessee Court of Criminal Appeals Judge Camille R. McMullen, the first African American woman to serve on a state appellate court and Katharine Schaffzin, dean of the University of Memphis Cecil C. Humphreys School of Law were also among those who spoke. The Ben F. Jones Chapter of the National Bar Association, the Memphis Bar Association, AAUW-Memphis and the National Council of Negro Women (Memphis Chapter) sponsored the event.

Posted by: Stacey Shrader Joslin on Sep 21, 2020

U.S. Supreme Court Associate Justice Ruth Bader Ginsburg died Friday evening at 87 after a long fight with metastatic pancreatic cancer. Ginsburg was appointed to the court by then President Bill Clinton in 1993, becoming the second woman to sit on the high court. She was a fierce fighter against gender discrimination and a leading liberal voice on the bench. The Supreme Court has announced a private ceremony on Wednesday, after which Ginsburg will lie in repose at the top of the court’s front steps. The public is invited to pay respects from 11 a.m. to 10 p.m. on Wednesday and from 9 a.m. to 10 p.m. on Thursday. On Friday, a formal ceremony for invited guests will be held at the U.S. Capitol, where she will lie in state. She will then be buried next to her husband, lawyer Martin Ginsburg, at Arlington National Cemetery, The Hill reports. The court vacancy, occurring just weeks before the November presidential election, has created a number of questions about the protocol for filling the seat. President Donald Trump said he will announce a female nominee this Friday or Saturday. U.S. Sens. Lamar Alexander and Marsha Blackburn have confirmed they will support moving forward with a vote on the nominee prior to the election according to the Tennessean.

Posted by: Stacey Shrader Joslin on Sep 18, 2020

The U.S. Supreme Court has announced that oral arguments in October will be conducted by telephone, the National Law Journal reports. The court used the same practice successfully in May with just a few “missteps.” Ten cases are set for the October session, including a major intellectual property case, a forum dispute brought by Ford Motor Co., a dispute over the appointment of state judges in Delaware, and the case of Google v. Oracle America. The court said it would “continue to closely monitor public health guidance in determining plans for the November and December argument sessions.”

Posted by: Stacey Shrader Joslin on Sep 9, 2020

A decision by a special judge overseeing the dispute between Mississippi and Tennessee over groundwater rights is expected soon, the Commercial Appeal reports. The judge has heard final arguments in the case and is expected to make a recommendations to the U.S. Supreme Court. The court will then decide whether to accept that recommendation. Mississippi argues that Tennessee is taking its groundwater from the Sparta Sand Aquifer in north Mississippi near the state line and is seeking $600 million in damages. Tennessee argues the water is an interstate resource and that it is entitled to its use. The National Sea Grant Law Center at Ole Miss School of Law has said it will be the first time the high court has resolved a dispute over groundwater resources.

Posted by: Stacey Shrader Joslin on Sep 9, 2020

The Nashville Chapter of the American Constitution Society (ACS) will host its annual Supreme Court Preview virtually this year on Sept. 23 from 4 to 5:30 p.m. CDT. The program will include a discussion with ACS President and former U.S. Sen. Russ Feingold followed by a discussion of the upcoming Supreme Court term with Vanderbilt University Law School Professor Ganesh Sitaraman. A virtual reception will follow the program. Cost is $10 for those working in the public sector, academia or the judicial branch, as well as students. Cost is $25 for those working in the private sector.

Posted by: Kate Prince on Aug 18, 2020

Attorneys for the federal government last week asked the U.S. Supreme Court to refuse to hear Tennessee’s lawsuit over refugee resettlement, the Tennessean reports. The filing stems from a 2017 lawsuit in which the state claimed the federal government was forcing states to pay for refugee resettlement, violating the 10th Amendment of the U.S. Constitution. The federal government claims the state lacks standing because they did not show any form of injury and they also take issue with the state Attorney General’s refusal to back the lawsuit, which forced the state to hire outside counsel. They also claim Tennessee has overblown its claim of being coerced to pay for resettlement costs. The state’s writ of certiorari comes after its case was dismissed by a federal judge in 2018 and again by the 6th Circuit Court of Appeals in 2019.

Posted by: Stacey Shrader Joslin on Aug 3, 2020

The coronavirus pandemic has fueled an outbreak of lawsuits challenging public health policies, but the U.S. Supreme Court has been a dead end for most, according to a review by USA Today. In April, the court refused to extend absentee voting in Wisconsin beyond the primary election date. In May, it turned down a California church's challenge to state reopening guidelines, which imposed tighter restrictions on churches than other establishments. In June, the court declined to order the move of more than 800 inmates from an Ohio prison experiencing a COVID-19 outbreak. And in July, it turned down an effort to make it easier to vote by absentee ballot in Alabama, and denied petitions from spiritual advisers seeking to delay executions until they could safely attend. Taken together, the high court's actions signal a desire to leave the pandemic in public officials’ hands, the paper concludes.

Posted by: Stacey Shrader Joslin on Jul 31, 2020

At this week’s virtual ABA Annual Meeting, U.S. Supreme Court Justice Stephen Breyer shared insights on an array of topics, including what he considers to be the biggest threat to the rule of law: the current political divisions in the country. “Convince other people. Talk to them. Don’t shout at them. And convince them you’re right … And if you can’t convince people this time, maybe you will next time.” He also said he is optimistic for the future because the country has experienced "slavery, a civil war and a legal system of segregation" but has overcome them all and will continue to overcome new challenges. Read more about his comments or watch the interview with ABA President Judy Perry Martinez. Also during the meeting, the ABA presented its highest honor to former ABA president and World Justice Project founder William Neukom. Earlier in the day, Neukom led a discussion with Microsoft Corp. co-founder Bill Gates on the nation’s response to COVID-19 and recent protests around racial injustice.

Posted by: Stacey Shrader Joslin on Jul 17, 2020
News Type: U.S. Supreme Court

U.S. Supreme Court Justice Ruth Bader Ginsburg said today she is receiving chemotherapy for cancer but tolerating it well and has no intention to retire, Reuters reports. In a statement released by the court, Ginsburg said that a periodic scan in February, followed by a biopsy, revealed lesions on her liver. She began chemotherapy on May 19 and will continue the treatment on a biweekly basis. At 87, Ginsburg is the court’s oldest and second-longest serving justice. She experienced a bout with lung cancer in 2018, colon cancer in 1999 and pancreatic cancer in 2019.


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