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TBA Law Blog

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Hospitals Could Recoup Money After SCOTUS Decision

Posted by: Katharine Heriges on Jun 7, 2019
News Type: U.S. Supreme Court
Hospitals that serve higher numbers of low-income patients could recoup a significant amount of money after a ruling by the U.S. Supreme Court this week, the Times Free Press reports. In a 7-1 decision, the court determined that the U.S. Department of Health and Human Services faltered by not allowing public comment when the department changed the way it calculates payments designed to offset the costs of treating uninsured and underinsured patients.

ACLU to SCOTUS: Trump Administration Wants Census Citizenship Question to Rig Elections

Posted by: Katharine Heriges on May 31, 2019
News Type: U.S. Supreme Court
The American Civil Liberties Union informed the U.S. Supreme Court in a letter yesterday that new evidence suggests that the Trump administration is adding a citizenship question to the census to create an election advantage for Republicans, the ABA Journal reports. The U.S. Supreme Court put the case on a fast track amid a June deadline for printing the census forms for 2020. According to ACLU lawyer Dale Ho, Republican redistricting specialist Dr. Thomas Hofeller played a significant role in orchestrating addition of the question to the census. The ACLU alleges Hofeller had concluded in a 2015 study that a citizenship question would clearly disadvantage Democrats when census data is used in redistricting, and he helped ghostwrite a DOJ letter asking the Commerce Department to add the question.

PBS Frontline Project Examines SCOTUS Confirmation Battles

Posted by: Katharine Heriges on May 22, 2019
News Type: U.S. Supreme Court
PBS’s Frontline series recently released Supreme Revenge, a massive project that includes more than 42 hours of interviews about the U.S. Supreme Court’s most momentous confirmation battles. The project includes filmed interviews with U.S. Senators and staff, White House advisers, leading journalists, activists and legal scholars. Thirty-nine of those testimonials have been compiled and made available for viewing on the PBS website.

SCOTUS Sides with Native American Man Charged with Off-season Hunting

Posted by: Katharine Heriges on May 20, 2019
News Type: U.S. Supreme Court
The U.S. Supreme Court on Monday sided with a Wyoming hunter charged with off-season hunting, ruling 5-4 that a 150-year-old treaty between a Native American tribe and the United States was still active and protected the man's rights, The Hill reports. Clayvin Herrera was charged in 2014 with off-season hunting, but he argued that an 1868 treaty between the U.S. and the Crow Tribe — of which he is a member — protected his ability to hunt at that time. Conservative Justice Neal Gorsuch sided with the court's liberal justices to tip the scales in Herrera's favor.

SCOTUS Will Not Hear Challenge to Tennessee's Lethal Injection Method

Posted by: Katharine Heriges on May 13, 2019
News Type: U.S. Supreme Court
The U.S. Supreme Court will not hear a challenge to Tennessee's lethal injection method, officially ending a battle over the controversial drugs used to kill death row inmates here, the Tennessean reports. That decision came days before death row inmate Donnie Edward Johnson, 68, is scheduled to die. Had the high court agreed to hear the case, it might have delayed his execution. The challenge, brought by Johnson and 22 other death row inmates, argued that the state's three-drug protocol, led by the sedative midazolam, does not keep inmates from feeling excruciating pain as they die.

Lawsuit Against Apple Can Continue, SCOTUS Rules

Posted by: Katharine Heriges on May 13, 2019
News Type: U.S. Supreme Court
The U.S. Supreme Court has ruled that consumers could forge ahead with a lawsuit against Apple over the way it manages its App Store, The Washington Post reports. The 5-4 decision allows device owners to proceed with a case that alleges Apple has acted as a monopoly by requiring iPhone and iPad users to download apps only from its portal while taking a cut of some sales made through the store. Justice Brett Kavanaugh, who sided with the court's liberal justices in the 5-4 decision, authored the opinion in the case.

SCOTUS Appears Ready to Allow Citizenship Question on Census Form

Posted by: Katharine Heriges on Apr 23, 2019
News Type: U.S. Supreme Court
The justices of the U.S. Supreme Court heard arguments today on whether a citizenship question can be included on forms for the upcoming 2020 census, and appeared split along ideological lines, NPR reports. Based on their questions during today's oral arguments at the high court, the justices appear ready to vote 5-4 to allow the Trump administration to add the questions for next year's head count. Conservative justices say there is historical precedent for inclusion of the question, while liberal justices argue that the question will result in fewer people filling out the form. The decision matters because population counts will determine how many congressional seats and Electoral College votes each state gets for the next decade. The data also guides the distribution of $880 billion a year in federal funding for schools, roads and other public services.

U.S. Supreme Court to Hear High Profile LGBT Rights Cases

Posted by: Katharine Heriges on Apr 22, 2019
News Type: U.S. Supreme Court
The U.S. Supreme Court announced today that it will hear three high-profile cases involving employment discrimination against LGBT Americans, which will determine whether federal civil rights protections extend to include sexual orientation and gender identity, ABC News reports. The cases center on Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of "sex." The justices will consider whether the term covers sexual orientation and gender identity. The cases will be heard during the court's fall term, which starts in October.

SCOTUS Decision to Lift Execution Stay Prompts Dissent from Court's Minority

Posted by: Katharine Heriges on Apr 12, 2019
News Type: U.S. Supreme Court
The U.S. Supreme Court has lifted a stay that blocked the execution of an Alabama man, a decision which prompted a dissent by the court’s liberals, who criticized the “middle of the night” decision that didn’t allow for discussion Friday morning, The ABA Journal reports. The Supreme Court lifted the stay after inmate Christopher Lee Price’s execution warrant expired, which means that the execution will be delayed while the state seeks a new execution warrant. "To proceed in this way calls into question the basic principles of fairness that should underlie our criminal justice system,” Breyer wrote. “To proceed in this matter in the middle of the night without giving all members of the court the opportunity for discussion tomorrow morning is, I believe, unfortunate.”

Justice Thomas: No Plans to Leave Bench

Posted by: Barry Kolar on Apr 8, 2019
News Type: U.S. Supreme Court

U.S. Supreme Court Justice Clarence Thomas is refuting reports that he is considering retirement so that President Trump can appoint a younger justice, the ABA Journal reports. In response to a New Yorker article on that topic, Thomas, 70, told a Pepperdine University School of Law audience that he has no plans to leave the bench. In 20 years? “No,” Thomas said. In 30 years? “No,” Thomas repeated.

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