TBA Law Blog


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Posted by: Brittany Sims on Jun 27, 2014
News Type: U.S. Supreme Court

For the first time since 1940, the U.S. Supreme Court has agreed unanimously on more than 66 percent of its cases throughout the term, Georgetown University law professor Neal K. Katyal writes in an opinion piece for the New York Times. Katyal notes that the figure still holds even if Monday’s remaining two cases are not unanimous. “Unanimity is important because it signals that the justices can rise above their differences and interpret the law without partisanship,” Katyal writes. “When the justices forge common ground, it signals to the nation the deep-seated roots of what the court has said and contributes to stability in the fabric of the law."

Posted by: Brittany Sims on Jun 26, 2014
News Type: U.S. Supreme Court

The U.S. Supreme Court has struck down President Obama’s three recess appointments to the National Labor Relations Board, the ABA Journal reports. In his opinion for the court today, Justice Stephen G. Breyer said Obama lacked the power to make the recess appointments during a three-day recess in January 2012 because the time period was too short. The Court also ruled today that a Massachusetts law banning abortion-clinic protests within a 35-foot buffer zone violates the First Amendment rights of protesters. Chief Justice John G. Roberts Jr. wrote the opinion for the court, which said the 35-foot buffer zone isn't narrowly tailored to carry out the state's aims of ensuring safety, preventing harassment and keeping clinic entrances free of obstruction. In a major decision yesterday, the Court ruled that police generally must get a warrant before searching the cellphone of a person who is arrested. Several more decisions are expected before the Court wraps up its session on June 30.

Posted by: Stacey Shrader Joslin on Jun 16, 2014
News Type: U.S. Supreme Court

A divided U.S. Supreme Court sided with gun control groups and the Obama administration today, ruling that the federal ban on "straw" purchases of guns can be enforced even if the ultimate buyer is legally allowed to own a gun. The justices ruled 5-4 that the law applied to a Virginia man who bought a gun with the intention of transferring it to a relative in Pennsylvania who was not prohibited from owning firearms. The ruling settles a split among appeals courts over federal gun laws intended to prevent sham buyers from obtaining guns for the sole purpose of giving them to others, according to the Associated Press.

Posted by: Stacey Shrader Joslin on Jun 16, 2014
News Type: U.S. Supreme Court

Without comment, the U.S. Supreme Court today left in place a lower court decision that public high school graduations in churches adorned with religious symbols violate the separation of church and state. The case stemmed from a Wisconsin school that held its graduation ceremonies at a local church. Some argued that a large cross and other religious symbols in the building suggested that the government was endorsing a particular religion. The Associated Press has more.

Posted by: Stacey Shrader Joslin on Jun 16, 2014
News Type: U.S. Supreme Court

The U.S. Supreme Court ruled unanimously today that an anti-abortion group can challenge an Ohio law that bars false statements about political candidates during a campaign, the Associated Press reports. Writing for the court, Justice Clarence Thomas said the existence of the law has a chilling effect on political speech because individuals and interest groups have reason to believe their statements may be censured. Both liberal and conservative groups have criticized the law, saying it stifles crucial debate during elections, including negative speech that may sometimes twist the facts. Tennessee and 12 other states have similar laws. WRCB-TV has the story.

Posted by: Stacey Shrader Joslin on Jun 16, 2014
News Type: U.S. Supreme Court

The religious rights of corporations, the speech rights of abortion protesters, the president’s power to make recess appointments and the privacy rights of those under arrest are among the big issues still unresolved at the Supreme Court, the Associated Press reports. The justices handed down three rulings Monday and will decide more of the 14 remaining cases on Thursday. The story, carried by WRCB-TV Chattanooga, looks at some of the key cases that remain.

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

A divided U.S. Supreme Court ruled Monday that most immigrant children who have become adults while their parents wait to become legal permanent residents should go to the back of the line when they turn 21. In a 5-4 decision, the justices sided with the Obama Administration in finding that immigration laws offer relief only to a small percentage of children who "age out" of the system. The rest – tens of thousands of children – will no longer qualify for the immigration status granted to minors, the Associated Press reports. Though a majority agreed to the ruling there was no majority opinion. Justices Elena Kagan, Anthony Kennedy and Ruth Bader Ginsburg signed one opinion while Chief Justice John Roberts and Justice Antonin Scalia wrote a separate opinion. All five agreed to the outcome of the case but disagreed on the reasoning.

Posted by: Stacey Shrader Joslin on Jun 2, 2014
News Type: U.S. Supreme Court

The U.S. Supreme Court today refused to hear an appeal claiming that Rutherford County had not provided adequate public notice before approving construction plans for the Islamic Center of Murfreesboro (ICM). This means “the lawsuit over adequate notice is now completely over, and Rutherford County has prevailed,” an ICM board member told the Tennessean this afternoon. Chancellor Robert Corlew III had ruled two years ago that the government failed to provide adequate public notice before plans to construct the mosque were approved. The Tennessee Court of Appeals overruled Corlew, and the Tennessee Supreme Court declined to hear the case. Attorneys representing those opposed to the center then asked the U.S. Supreme Court to hear the case.

Posted by: Stacey Shrader Joslin on Jun 2, 2014
News Type: U.S. Supreme Court

A reporter who has been ordered to divulge the identity of the source of classified information lost his bid today to get the U.S. Supreme Court to clarify whether journalists have a right to protect their confidential sources. Without comment, the justices rejected an appeal from New York Times reporter James Risen to revisit the court's 42-year-old ruling that has raised questions about journalists' ability to shield confidential sources. Risen detailed a botched CIA effort during the Clinton Administration to thwart Iran's nuclear ambitions. Federal prosecutors want to force him to testify about his sources in the trial of CIA officer Jeffrey Sterling, who is accused of disclosing government secrets. ABC News has the story.

Posted by: Stacey Shrader Joslin on May 27, 2014
News Type: U.S. Supreme Court

The U.S. Supreme Court ruled 5-4 today that states may not rely only on intelligence test scores to determine whether a death row inmate is eligible to be executed if the inmate scores between 70 and 75, the AP reports. A score of 70 is widely accepted as a marker of mental disability, but medical professionals say those who score as high as 75 can be considered intellectually disabled because of the test’s margin of error. The mental health community had argued that an accurate diagnosis must include evaluation of an individual's ability to function in society. Until today’s ruling, the court had left it up to the states to determine the definition of mentally disabled. The decision impacts only those states with a fixed statistical cut-off for execution.


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