TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 1, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court today issued orders from its conference last Thursday and did not add any new cases to its docket for the fall. That means the court will not review a challenge to the constitutionality of laws in some states where lawyers who want to practice law must join that state’s bar association and pay dues, SCOTUSBlog reports. The lawsuit was filed by two Wisconsin lawyers who argue that compelling them to do so violates the First Amendment. Justices Clarence Thomas and Neil Gorsuch dissented from the denial of review writing they would “grant certiorari to address this important question.”

Posted by: Stacey Shrader Joslin on Apr 27, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court ruled last Thursday that a lawful permanent resident twice convicted on drug possession charges should be deported, according to U.S. News & World Report. The decision, which split the court 5-4 along ideological lines, came in the case of a green card holder who was present at a gun shooting in 1996 and convicted of drug possession in 2007 and 2008. Writing for the majority, Justice Brett Kavanaugh noted that a “criminal record of this kind” made the resident ineligible to stay in the country.

Posted by: Stacey Shrader Joslin on Apr 27, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court on Friday declined a request by states who cited the COVID-19 pandemic in asking the justices to temporarily halt a Trump administration policy making it harder for legal immigrants to become permanent residents if they use public benefits. The justices had voted 5-4 in January to allow the administration to implement its policy while lawsuits against it continued. But lawyers for Connecticut, New York, Vermont and New York City asked the justices to reconsider, saying the rule was hindering their ability to stop the spread of the virus by “deterring immigrants from accessing healthcare and public benefits.” Friday’s order was brief with no justice noting disagreement. The Times Free Press has the report from the Associated Press.

Posted by: Kate Prince on Apr 23, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court on Thursday ruled that sewage plants and other industries cannot avoid environmental requirements under landmark clean-water protections when they send dirty water on an indirect route to rivers, oceans and other navigable waterways. The decision stems from a Hawaii case about whether a sewage treatment plant needs a federal permit when it sends wastewater deep underground, instead of discharging the treated flow directly into the Pacific Ocean. Rejecting the Environmental Protection Agency’s views, the justices voted 6-3 that discharge of polluted water into the ground, rather than directly into nearby waterways, does not relieve an industry of complying with the Clean Water Act. The Nashville Ledger has the full story from the Associated Press.  

Posted by: Stacey Shrader Joslin on Apr 20, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court ruled today that juries in state criminal trials must be unanimous to convict a defendant, settling a quirk of constitutional law that had allowed divided votes to result in convictions in Louisiana and Oregon. The Associated Press reports the court found the practice to be inconsistent with the Constitution’s right to a jury trial and that it should be discarded as a vestige of Jim Crow laws in Louisiana and racial, ethnic and religious bigotry that led to its adoption in Oregon in the 1930s. The 6-3 ruling also overturned the conviction of Evangelisto Ramos, who is serving a life sentence in Louisiana.

Posted by: Stacey Shrader Joslin on Apr 13, 2020

The U.S. Supreme Court will use phone conferences to hear oral arguments in May, including those associated with a landmark case involving President Trump's financial records. The court will hear 10 cases over six days by teleconference to abide by social-distancing policies. News media and the public will have access to a live audio feed of the arguments — an unprecedented move —SCOTUSBlog reports. Other cases to be heard involve questions of religious liberty, “faithless electors” and ObamaCare’s contraception requirement, the Hill reports. Specific dates will be announced soon.

Posted by: Stacey Shrader Joslin on Apr 8, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court made it easier for federal employees 40 and older to sue for age discrimination in a decision handed down Monday, the Associated Press reports. The justices ruled 8-1 that federal workers have a lower hurdle to overcome than counterparts in the private sector. However, the court made it clear that an employee could not expect to win back pay or the promotion sought if discrimination was not the key factor in the employment decision. The decision came in the case in which Chief Justice John Roberts, a 65-year-old baby boomer, invoked the "OK, boomer" meme during arguments in January.  Read more in the Times Free Press.

Posted by: Stacey Shrader Joslin on Apr 3, 2020

The U.S. Supreme Court will postpone oral arguments scheduled for April amid the ongoing pandemic, SCOTUS Blog reports. The justices had been scheduled to hear arguments over six days in late April. Today's news follows the decision to postpone March oral arguments. A spokesperson for the court said the justices will consider rescheduling arguments for later in the term if health and safety guidance allow it, or may explore other options. The justices continue to hold regularly scheduled conferences, with some participating remotely, and will continue to decide cases that have been argued so far this term.

Posted by: Stacey Shrader Joslin on Mar 16, 2020

The U.S. Supreme Court announced today that is has postponed oral arguments scheduled for its March session. It was scheduled to hold arguments on March 23-25 and March 30-April 1. However, it will hold its regularly scheduled conference on March 20 and issue its regularly scheduled order list on March 23. The building continues to be open for official business and filing deadlines have not been extended, but the building remains closed to the public until further notice.

Posted by: Stacey Shrader Joslin on Mar 13, 2020
News Type: U.S. Supreme Court

The U.S. Supreme Court on Wednesday allowed the Trump administration to continue enforcing a policy that requires asylum-seekers to remain in Mexico while their claims are heard, the Hill reports. The justices allowed the administration to enforce the policy while it appeals a lower court ruling that found it to be illegal. Justice Sonia Sotomayor was the only justice to publicly dissent from the decision.


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