TBA Law Blog

TBA Law Blog

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ABA Rates SCOTUS Nominee ‘Well Qualified’

Posted by: Katharine Heriges on Mar 10, 2017
News Type: U.S. Supreme Court
The American Bar Association has rated U.S. Supreme Court nominee Neil Gorsuch as “well qualified,” the ABA’s Standing Committee on the Federal Judiciary announced yesterday. The rating is based on hundreds of interviews and a thorough review of Gorsuch’s writings. “Well qualified” is the highest rating the committee offers.

SCOTUS: Jury Deliberations Not Guaranteed Secret if Bias Involved

Posted by: Katharine Heriges on Mar 7, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court ruled yesterday that courts must make an exception to jury deliberation secrecy if evidence shows that those discussions involved racial bias, the New York Times reports. The case stems from a 2010 sexual assault trial in which a juror reportedly said of the defendant, “I think he did it because he’s Mexican.” Justice Anthony Kennedy wrote in the majority opinion that jury selection and reports from jurors alone are not always effective in determining racial bias. 

SCOTUS Sends Transgender Bathroom Case Back to Lower Court

Posted by: Katharine Heriges on Mar 7, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court has canceled its expected hearing of the case of Gavin Grimm, a transgender high school student who sued his school district to gain access to the restrooms that match his gender identity, Bloomberg reports. The case was scheduled to be heard on March 28, but the court issued a one-sentence order to send the case back to a lower court.

SCOTUS Rules in Favor of Disabled Girl and Service Dog

Posted by: Katharine Heriges on Feb 23, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court ruled unanimously yesterday that the family of a Michigan girl with cerebral palsy can sue the girl’s school for banning her service dog, the ABA Journal reports. The court ruled that the family was not required to exhaust administrative remedies under the Individuals with Disabilities Education Act before filing a disabilities suit. The school banned the dog in 2009.

Supreme Court Comes Down Against Race-Based Testimony

Posted by: Katharine Heriges on Feb 22, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court today ruled in favor of a death-row inmate whose expert witness testified he is more likely to be dangerous in the future because he is black, the ABA Journal reports. The inmate had been convicted in Texas in 1995 during a time in which a death sentence couldn’t be imposed unless jurors believed the convicted presented a future danger. Chief Justice John Roberts wrote the 6-2 majority opinion.

Gorsuch Calls Trump Attacks on Judiciary 'Demoralizing'

Posted by: Katharine Heriges on Feb 9, 2017
News Type: U.S. Supreme Court
U.S. Supreme Court nominee Judge Neil Gorsuch expressed consternation at President Trump’s negative remarks towards the judiciary, the New York Times reports. A White House advisor confirmed that Gorsuch had called Trump’s remarks “demoralizing” and “disheartening.” Via Twitter, Trump had earlier attacked a Seattle judge who temporarily blocked his travel ban, calling him a “so-called judge” whose ruling was “ridiculous.” Trump also  complained that judicial review of the ban was “disgraceful” and “so political.” 

Neil Gorsuch Selected as SCOTUS Nominee

Posted by: Katharine Heriges on Feb 1, 2017
News Type: U.S. Supreme Court
Judge Neil Gorsuch, from the Denver-based 10th U.S. Circuit Court of Appeals, was nominated by President Donald Trump to fill the U.S. Supreme Court vacancy left by the death of Justice Antonin Scalia. Gorsuch, considered a reliable conservative, is a former Washington, D.C. lawyer educated at Harvard and Oxford. Gorsuch may face challenges to his confirmation, however, as Congressional Democrats consider seeking reprisal after Republicans blocked Obama nominee Merrick Garland last year, according to the New York Times. The American Bar Association issued a response to the pick, which can be read here.

SCOTUS Pick Expected Tomorrow

Posted by: Katharine Heriges on Jan 30, 2017
News Type: U.S. Supreme Court
Multiple sources are reporting that President Donald Trump’s pick for the Supreme Court will be announced live on television tomorrow at 8 p.m. EST, according to the ABA Journal. Three finalists confirmed to replace Judge Antonin Scalia are Judge Neil Gorsuch of the Denver-based 10th U.S. Circuit Court of Appeals, Judge William Pryor of the Atlanta-based 11th U.S. Circuit Court of Appeals and Judge Thomas Hardiman of the Philiadelphia-based 3rd U.S. Circuit Court of Appeals.

ABA Urges SCOTUS to Hear Expedited Deportation Case

Posted by: Katharine Heriges on Jan 27, 2017
News Type: U.S. Supreme Court
The American Bar Association is urging the U.S. Supreme Court to hear a case challenging the federal government’s right to deport immigrants without a hearing. Twenty-eight mothers arrested in Texas in 2015 are fighting against the U.S. government’s “expedited removal” process. The families claimed asylum, which would make them ineligible for expedited removal, but authorities deemed they had no credible fear of persecution and ordered their removal. Read more at the ABA Journal.

SCOTUS Will Not Hear Texas Voter ID Appeal

Posted by: Katharine Heriges on Jan 24, 2017
News Type: U.S. Supreme Court
The U.S. Supreme Court will not hear an appeal from Texas that seeks to revive the strict voter ID requirements a lower court found had a discriminatory effect on minorities, reports Reuters. A 5th U.S. Circuit Court of Appeals decision found that the 2011 Texas law violated the U.S. Voting Rights Act, and the appeals court directed a federal district court to examine claims by the plaintiffs that the law was actually intended to be discriminatory, rather than merely having a discriminatory effect. A hearing on that case was scheduled for today but has been delayed following a request from President Trump’s administration. 
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