TBA Law Blog


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Posted by: Katharine Heriges on Oct 24, 2018
News Type: U.S. Supreme Court
The former owners of an Oregon bakery are asking the U.S. Supreme Court to accept their appeal and decide that they had a First Amendment right to refuse to bake a custom cake for a same-sex wedding, The ABA Journal reports. The decision could resolve a broader question that the Supreme Court didn’t settle in its Masterpiece Cakeshop decision involving a Colorado baker who refused to bake a cake for a same-sex wedding. “The State of Oregon drove Melissa and Aaron Klein out of the custom-cake business and hit them with a $135,000 penalty because the Kleins could not in good conscience employ their artistic talents to express a message celebrating a same-sex wedding ritual,” a cert petition filed Oct. 19 says.
Posted by: Katharine Heriges on Oct 15, 2018
News Type: U.S. Supreme Court
The U.S. Supreme Court has agreed to take on the case of whether the operator of a public-access TV channel is a state actor who can be sued by two producers for an alleged First Amendment violation, The ABA Journal reports. The case raises the broader question of whether private property can be a public forum. The producers argue that the Manhattan Neighborhood Network was a public forum, and their First Amendment rights were violated when it stopped airing their video. The network is owned by a private nonprofit, who claims the video included harassing and threatening language. 
Posted by: Suzanne Robertson on Oct 12, 2018
News Type: U.S. Supreme Court

U.S. Supreme Court Chief Justice John G. Roberts Jr. has referred ethics complaints filed against Justice Brett Kavanaugh during his confirmation hearings to the Denver-based 10th U.S. Circuit Court of Appeals, the ABA Journal reports. Roberts revealed the transfer of misconduct complaints in an Oct. 10 letter, reports the Washington Post, USA Today and Politico. The complaints question whether Kavanaugh was dishonest and lacked judicial temperament during the confirmation hearings, anonymous sources told the Post.

Posted by: Suzanne Robertson on Oct 12, 2018
News Type: U.S. Supreme Court

U.S. Supreme Court Justice Sonia Sotomayor will be featured at the Southern Festival of Books this Saturday at 1 p.m. at War Memorial Auditorium in Nashville. She has released two new children’s books: Turning Pages: My Life Story and The Beloved World of Sotomayor. In Turning Pages, a picture book, the justice tells her life story from the Bronx to the highest court in the land. Beloved World is an adaptation of her story for middle-grade readers with a focus on the importance of determination and hard work and the promise that dreams can come true. The Nashville Scene talks with her.

Posted by: Suzanne Robertson on Oct 12, 2018
News Type: U.S. Supreme Court

U.S. Supreme Court Justice Ruth Bader Ginsburg has always had a following, but now her appeal has branched out. She has become a pop culture icon, the ABA Journal reports. "You can be an upper middle-class, a suburban stay-at-home mom, an urban graduate student who identifies as genderqueer / nonbinary or a rural America retiree who voted for Donald Trump and still admire Ginsburg, according to marketing experts, who say that her appeal with various groups is unique. And the attention the Me Too movement has brought to sexual harassment and rape has made many more people interested in speaking about gender discrimination publicly — issues Ginsburg has been addressing and fighting for decades."

Posted by: Barry Kolar on Oct 8, 2018
News Type: U.S. Supreme Court

What will be the first cases newly sworn in Supreme Justice Brett Kavanaugh hears? Bloomberg News looks at cases coming before the court this week involving penalties for gun crimes and more. Kavanaugh took the oath of office last weekend.

Posted by: Barry Kolar on Oct 8, 2018
News Type: U.S. Supreme Court
The U.S. Supreme Court is back in session, so act now to take part in the 35th Annual TBA Academy and Admissions Ceremony, Nov. 26-27. A select group of Tennessee attorneys will be able to take part in this private ceremony before the court and enjoy other events at the court and the capitol. A reception and celebration dinner kick off the program, which also includes the opportunity to earn three hours of CLE credit. The group will stay at the Hay Adams Hotel, where the TBA has obtained a special rate for participants. The deadline to submit applications is Oct. 22 and space is limited.
Posted by: Liz Slagle Todaro on Oct 5, 2018
News Type: U.S. Supreme Court

A closely divided U.S. Senate today advanced Brett Kavanaugh's Supreme Court nomination to a final floor vote that could occur as soon as Saturday. In a 51-49 result, the Senate voted to end debate on the nomination, and his confirmation now seems guaranteed, as reported by the Washington Post. The American Bar Association today announced it is reopening the evaluation of Kavanaugh due to "new information of a material nature regarding temperament." The review is not expected to be completed before the final vote. Kavanaugh supporters have touted the ABA's previous rating of "well qualified."

Posted by: Katharine Heriges on Sep 14, 2018
News Type: U.S. Supreme Court
U.S. Supreme Court nominee Brett Kavanaugh today denied an allegation of sexual misconduct from a woman who claimed he attempted to rape her when they were both in high school, Reuters reports. “I did not do this back in high school or any time,” Kavanaugh said. Sen. Chuck Grassley, Republican chairman for the Senate Judiciary Committee, said this allegation should not halt Kavanaugh’s confirmation proceedings. 
Posted by: Katharine Heriges on Sep 7, 2018
News Type: U.S. Supreme Court
Former TBA president John Tarpley gave testimony today in the confirmation hearing of U.S. Supreme Court nominee Brett Kavanaugh. Speaking on behalf of the American Bar Association, Tarpley explained how the judge earned a unanimous “well-qualified rating,” The ABA Journal reports. Tarpley is the lead evaluator on the Standing Committee on the Federal Judiciary. He said the panel found that Kavanaugh “enjoys an excellent reputation for integrity and is a person of outstanding character. It was clear from all or our interviews and all of the other evidence that he learned the importance of integrity from a very early age.”

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