TBA Law Blog


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Posted by: Stacey Shrader Joslin on Apr 18, 2012
News Type: U.S. Supreme Court

The U.S. Supreme Court seemed split Tuesday on whether criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of reduced sentences authorized under the Fair Sentencing Act, which took effect August 2010. The case centers on two defendants who were arrested in 2007 and 2008 for selling crack cocaine but had not yet been sentenced at the time the bill took effect. Much of the court’s discussion focused on whether Congress intended the new law to apply retroactively. WRCB TV3 has more

Posted by: Suzanne Craig Robertson on Apr 17, 2012
News Type: U.S. Supreme Court

The U.S. Supreme Court has ruled on behalf of a private lawyer who advised a California town, saying he is entitled to the same qualified immunity as a public employee. Chief Justice John G. Roberts Jr. wrote the unanimous opinion in Filarsky v. Delia. The common law rule, he wrote, did not draw a distinction between immunity for public servants and private individuals engaged in public service. That rule should be carried forward in suits claiming constitutional violations under Section 1983 of the Civil Rights Act, he said. Get the details from ABAJournal.com

Posted by: Suzanne Craig Robertson on Apr 13, 2012
News Type: U.S. Supreme Court

Retired U.S. Supreme Court Justice Sandra Day O'Connor joined with the three women currently on the court to mark the 30th anniversary of the start of her trailblazing service. Justices Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor recounted the inspiration they drew from O'Connor's nomination by President Ronald Reagan in 1981. Then a young prosecutor in New York City, Sotomayor said O'Connor's rise to the high court showed women that they would have greater opportunities in the legal system. Tri-Cities.com has this historic photo and story from AP

Posted by: Suzanne Craig Robertson on Apr 3, 2012
News Type: U.S. Supreme Court

Jailers may perform invasive strip searches on people arrested even for minor offenses, the U.S. Supreme Court ruled Monday. The court's conservative majority declared that security trumps privacy in an often dangerous environment. In the 5-4 decision, the court ruled against a New Jersey man who was strip-searched in two county jails after his arrest on a warrant for an unpaid fine that he had, in reality, paid. The Tennessean has this AP story

Posted by: Suzanne Craig Robertson on Mar 30, 2012
News Type: U.S. Supreme Court

After months of anticipation, thousands of pages of briefs and more than six hours of arguments, the U.S. Supreme Court justices were set to vote on the fate of President Barack Obama's health care overhaul this morning. It was to be a secret vote that can be changed, but it will set the course for the work they will undertake before they come out with an answer on the historic health care case this summer. WKRN has more

Posted by: Stacey Shrader Joslin on Mar 29, 2012
News Type: U.S. Supreme Court

Vanderbilt University law professor James Blumstein is the only Tennessean to author and file his own amicus curiae brief in the U.S. Supreme Court case testing the constitutionality of the Affordable Care Act. Blumstein, who specializes in health care and constitutional law at the school, said he did not seek others to join him on the brief because he did not want it to become a political document. The Nashville Business Journal looks at his arguments and his thoughts about this week's oral arguments.

Posted by: Stacey Shrader Joslin on Mar 22, 2012
News Type: U.S. Supreme Court

The Supreme Court ruled unanimously yesterday that property owners have a right to prompt review of Environmental Protection Agency (EPA) compliance orders that block activities on lands determined to be protected. In the case, an Idaho couple contested the EPA’s determination that their lot contained wetlands regulated by the Clean Water Act. They also complained there was no reasonable way to challenge that determination without risking fines that could mount quickly. The court rejected EPA's argument that allowing judicial review would compromise the agency's ability to deal with water pollution, allowing the couple to contest the EPA’s determination in federal court. The News Sentinel has the story

Posted by: Stacey Shrader Joslin on Mar 21, 2012
News Type: U.S. Supreme Court

For the first time, the U.S. Supreme Court has ruled that defendants have a constitutional right to effective assistance of counsel in plea bargains. Its 5-4 decision today also declared that when a lawyer acts unethically or gives clearly wrong advice, the defendant may be entitled to a second chance at accepting a plea offer. Writing on behalf of the majority, Justice Anthony Kennedy argued that since 99 percent of all convictions are the result of plea bargains, not trials, the right to adequate assistance of counsel guaranteed in the Constitution cannot exclude the central role plea bargaining plays. NPR has this analysis

Posted by: Stacey Shrader Joslin on Feb 22, 2012
News Type: U.S. Supreme Court

The U.S. Supreme Court has rejected congressional calls for justices to adhere officially to the same ethics rules binding on other federal judges, including when to recuse themselves in cases involving possible conflicts of interest. "The Court does not plan to adopt the Code of Conduct for United States Judges through a formal resolution," Chief Justice John Roberts wrote in a letter released Tuesday to Senate Judiciary Chairman Patrick Leahy, D-VT. But Roberts said he and his eight colleagues would -- on their own initiative -- continue to follow the same rules as other judges when it comes to accepting and reporting on outside income, honoraria and gifts. CNN has more

Posted by: Stacey Shrader Joslin on Feb 22, 2012
News Type: U.S. Supreme Court

The U.S. Supreme Court agreed Tuesday to decide whether the University of Texas' race-conscious admission policies violate the rights of white applicants. The high court has had an evolving record on the discretion of state officials to decide who attends their institutions. In 2003, the court said universities could narrowly tailor their admissions policies to consider an applicant's race. The Texas case is further complicated over issues of standing. Oral arguments are set for this fall with a ruling scheduled for early 2013. Read this CNN report on WCYB Channel 5 Bristol


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