TBA Law Blog


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Posted by: Stacey Shrader Joslin on Oct 30, 2014
News Type: U.S. Supreme Court

Supreme Court justices will consider this week whether they have the appetite for another major fight over President Barack Obama’s health care law, the Associated Press reports. Some of the same players who mounted a failed effort to kill the law outright now want the justices to rule that financial subsidies under the law are illegal. The group is challenging a federal appeals court ruling that IRS regulations allow subsidies in all 50 states. They argue that financial aid can be provided only in states that have set up their own insurance markets, not in states where the federal government runs the exchanges. The justices will decide whether to hear the case at their private conference Friday. The Memphis Daily News has more.

Posted by: Brittany Sims on Oct 22, 2014
News Type: U.S. Supreme Court

Supreme Court Justice Ruth Bader Ginsburg today issued a revised version of her dissent in the Texas voting rights case to fix an error about one kind of ID card that voters can use to qualify to vote. In ticking off her objections, Ginsburg wrote that Texas would not even accept “photo ID cards issued by the U.S. Department of Veterans’ Affairs.” On Wednesday, the Justice conceded that that comment was incorrect and that kind of ID card, issued through the Court’s public information office, is an acceptable form of photo identification for voting in Texas. SCOTUSblog has more.

Posted by: Brittany Sims on Oct 17, 2014
News Type: U.S. Supreme Court

The Supreme Court this afternoon rejected a plea to stop same-sex marriages from going ahead in Alaska, Scotusblog reports. By denying the state’s plea for postponement in a one-sentence order that did not provide any explanation, the Court’s action had the effect of making that state the 31st in which gays and lesbians can marry legally. Earlier today, the ban in Arizona was nullified, and the state decided that it would have no chance with an appeal to the Ninth Circuit and so advised county clerks that they could start issuing marriage licenses.

Posted by: Brittany Sims on Oct 16, 2014
News Type: U.S. Supreme Court

The Supreme Court won't hear an appeal from the Electronic Frontier Foundation, a civil liberties group that wants to make public an internal Justice Department memo that allows the FBI to informally obtain phone records. The justices on Tuesday let stand an appeals court ruling that said the Justice Department could refuse to release the 2010 memo under an exception to the Freedom of Information Act. WKRN has more from the Associated Press.

Posted by: Brittany Sims on Oct 15, 2014
News Type: U.S. Supreme Court

The U.S. Supreme Court has partly stayed a Texas abortion law that had closed all but eight of the state’s abortion clinics, the ABA Journal reports. As a result of the Court's order on Tuesday, 13 abortion clinics can reopen. One of the law’s requirements said abortion-clinic doctors in Texas must have admission privileges at a hospital within 30 miles of their clinic. A second requirement said abortion clinics must upgrade their facilities to be equipped as hospital-style ambulatory surgical centers, even when they only use drugs to perform abortions. The stay will remain in effect while the New Orleans-based 5th U.S. Circuit Court of Appeals rules on a constitutional challenge to the law.

Posted by: Stacey Shrader Joslin on Oct 14, 2014
News Type: U.S. Supreme Court

The U.S. Supreme Court today declined to take up a case involving so-called acquitted conduct, in which defendants are sentenced based on charges they are acquitted of in trial. In the case before the court, three defendants had been convicted of distributing crack cocaine, but acquitted of more serious charges of being part of a drug conspiracy. When it came time for sentencing, however, the trial judge added at least 15 years to each man’s prison term based on the conspiracy charges. Lawyers for the defendants called the practice “Kafkaesque.” Three of the justices voted to hear the case to decide whether judges have discretion to lengthen prison terms in such circumstances. WRCB-TV has more from the Associated Press.

Posted by: Stacey Shrader Joslin on Oct 14, 2014
News Type: U.S. Supreme Court

The U.S. Supreme Court will not hear an appeal from a civil liberties group that had wanted access to an internal Justice Department memo that allegedly gave the FBI permission to obtain records from phone companies in terrorism investigations. The justices on Tuesday let stand an appeals court ruling that said the Justice Department could refuse to release the 2010 memo under an exception to the Freedom of Information Act, according to the Associated Press. The Electronic Frontier Foundation had argued that the public has a right to see the memo, while the Court of Appeals for the District of Columbia Circuit said the document was part of the government’s internal deliberations and therefore exempt from disclosure. WRCB-TV has more.

Posted by: Stacey Shrader Joslin on Oct 13, 2014
News Type: U.S. Supreme Court

The U.S. Supreme Court last Thursday blocked Wisconsin’s voter ID requirement, and though the order did not give a reason, three dissenters that would have allowed the law to take effect offered a hint, noting that “it is particularly troubling that absentee ballots have been sent out without any notation that proof of photo identification must be submitted.” Despite that oversight, state officials said they would not count absentee ballots unless they included copies of a valid ID. Also last week, a federal judge overturned a voter ID law in Texas, saying it had a disproportionate impact on minority voters and amounted to an “unconstitutional poll tax.” The ABA Journal has more.

Posted by: Stacey Shrader Joslin on Oct 9, 2014
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday allowed provisions of a North Carolina election law – which had been stayed by a federal appeals court because of the potential impact on voting opportunities for African Americans – to take effect. The move means that North Carolina will ban same-day registration and voting, and bar the counting of votes cast in the wrong precincts. The court took similar action in September, when it allowed cuts to early voting to take effect in Ohio. The ABA Journal has more.

Posted by: Stacey Shrader Joslin on Oct 9, 2014
News Type: U.S. Supreme Court

The Supreme Court on Tuesday took up the case of Arkansas prison inmate Gregory Holt, who says his Muslim beliefs require him to grow a half-inch beard. Prison officials in the state do not permit beards except for inmates with certain skin conditions, who can have beards a quarter-inch long. Groups across the political spectrum and the Obama Administration say Holt has a right to grow a beard under a federal law aimed at protecting prisoners’ religious rights. WRCB-TV reports that the justices “appeared united … as they picked apart prison rules … that allow full Afros and mustaches, but no beards.” Also this week, the court heard from warehouse workers who want to be compensated for the time it takes to go through security checkpoints each day. The business community is opposing the idea, saying the security clearances are unrelated to core job duties. The Tennessean has more on that case.


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