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TBA Law Blog

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SCOTUS Accepts 2nd Gerrymandering Case

Posted by: Katharine Heriges on Dec 11, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court on Friday accepted a second case examining whether partisan gerrymandering is unconstitutional, the ABA Journal reports. In this case, Benisek v. Lamone, Maryland Republicans are challenging the drawing of congressional districts with the alleged intent of putting a Democrat in office. In another case already on the docket, Wisconsin Democrats are arguing against an alleged partisan gerrymander of the statewide map.

Federal Judge to SCOTUS: Justice Department Left ‘Incorrect Impression’ in Stay Request

Posted by: Katharine Heriges on Dec 7, 2017
News Type: U.S. Supreme Court
U.S. District Judge William Alsup filed a statement with the U.S. Supreme Court that says the Justice Department left an “incorrect impression” in its request for a stay of his order for the disclosure of government records, the ABA Journal reports. The statement was filed in response to the DOJ’s request for the court to block his order to turn over documents regarding the government’s wind-down of the Deferred Actions for Childhood Arrivals program. Alsup said the DOJ failed to include qualifiers when it characterized his remarks on discovery and left the “incorrect impression” that he had “endorsed unfettered discovery.”

Gorsuch Appears to Side with Liberal Justices Over Cellphone Warrant

Posted by: Katharine Heriges on Nov 30, 2017
News Type: U.S. Supreme Court

As the U.S. Supreme Court considered whether police need a warrant supported by probable cause to obtain cellphone location data, Justice Neil M. Gorsuch yesterday appeared to have sided with liberal justices, the ABA Journal reports. Justices Samuel A. Alito Jr. and Anthony M. Kennedy appeared to lean most towards agreeing with the government that a warrant wasn’t needed in the case Carpenter v. United States, while Justice Sonia Sotomayor appeared to most favor protections on cellphone data.

SCOTUS Suspended the Wrong Lawyer, Again

Posted by: Katharine Heriges on Nov 29, 2017
News Type: U.S. Supreme Court

For the second time this year, the U.S. Supreme Court has acknowledged it suspended the wrong lawyer, the ABA Journal reports. The court mistakenly suspended Jim Robbins of San Francisco rather that James A. Robbins of New York. The latter had tried to cover up his loss of a client’s will. In May, the Supreme Court suspended the president-elect of the Massachusetts Bar Association who happened to share the same first and last name of the lawyer the court intended to suspend.

SCOTUS to Review Law Banning Political Apparel at Polling Locations

Posted by: Katharine Heriges on Nov 13, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court today agreed to review a Minnesota law that bans political apparel and insignias at Election Day polling places, the ABA Journal reports. The challengers claimed the law violated their rights to free speech. The Minnesota law defines banned apparel as material promoting a group with recognizable political views. The 8th U.S. Circuit Court of Appeals dismissed the challenge in February because states have a legitimate interest in upholding “peace, order and decorum” at polling locations.

10 Sworn-in to U.S. Supreme Court at TBA Academy

Posted by: Suzanne Robertson on Oct 11, 2017
News Type: U.S. Supreme Court

Ten Tennessee attorneys were admitted to the U.S. Supreme Court today as part of the TBA's 34th Annual Academy in Washington, D.C. The event, which offered three hours of CLE credit, kicked off Tuesday with a reception and celebration dinner, continuing today with breakfast at the Supreme Court, being sworn-in, and watching two oral arguments. After hearing a lecture on the history of the court the group had lunch at the U.S. Capitol, followed by a tour conducted by a staff member from Sen. Bob Corker's office. Those admitted today are Deborah Murphy Dickson, Michael Patrick Dolan, Floyd Senter Flippin, Thomas H. Forrester, Mark N. Foster, Zachary D. Jones, TBA President-elect Jason Pannu, Donna Simpson, TBA Executive Director Joycelyn Stevenson and Scott David Weiss. See a picture of the group.

SCOTUS Hears Arguments on Gerrymandering Case

Posted by: Katharine Heriges on Oct 3, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court heard arguments today in a case that could determine whether extreme partisan gerrymandering is unconstitutional, The New York Times reports. While they all seem to agree that gerrymandering is “distasteful,” as Justice Samuel Alito put it, the justices have differing perspectives for determining when the practice veers into the realm of violating the Constitution. In his remarks, Chief Justice John Roberts worried that the court’s legitimacy would be damaged by a ruling appearing to favor one political party or another.

SCOTUS Kicks Off Term Today

Posted by: Katharine Heriges on Oct 2, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court took the bench today to kick off what Justice Ruth Bader Ginsburg is calling a “momentous” term, CNN reports. This year’s big issues include gerrymandering, voting rights, religious liberty, privacy and immigration issues. Cases up for the Court include that of a Colorado baker who refused to bake a cake for a same-sex wedding, a case of whether investigators need to obtain a warrant for cell tower data and the case of the Trump Administration’s travel ban, which might have to be sent back down to a lower court due to the recent changes made to the order.

SCOTUS to Hear Case of Death Row Inmate Unable to Stop Lawyer from Conceding Guilt

Posted by: Katharine Heriges on Sep 28, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court today announced it will consider whether it is unconstitutional for defense counsel to concede a defendant’s guilt over his express objection, the ABA Journal reports. The question centers around the case of Robert Leroy McCoy, a Louisiana death row inmate who objected to his lawyer’s suggestion to admit guilt and accept a plea deal. His lawyer, Larry English, argued that it was his ethical duty to save McCoy’s life, and therefore admitted McCoy’s guilt with the goal of sparing him from the death penalty.

U.S. Supreme Court to Consider Mandatory Union Contributions for Public Employees

Posted by: Katharine Heriges on Sep 28, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court today agreed to revisit the issue of mandatory collective bargaining fees for public employees, the ABA Journal reports. The Court was split 4-4 in March 2016 when it first looked at whether public sector employees who aren’t members of a union can be required to pay for collective bargaining. Now with conservative Justice Neil Gorsuch on the bench, the case has the potential to “deal a crushing blow to organized labor.”
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