On June 19th, the Supreme Court found that sexual offenders should not be barred from accessing social media sites such as Facebook and Twitter. The 8-0 ruling effectively struck down a North Carolina law that made it a felony for a registered sex offender "to access a commercial social networking Web site where the sex offender knows that the … [Read more...]
Supreme Court Sides With Alabama Death Row Inmate
On June 19th, the Supreme Court ruled in favor of James McWilliams who was convicted of murder and sentenced to death by an Alabama trial court in 1984. The Court sided with McWilliams who argued that the trial court failed to provide adequate mental health expertise as is required by the Constitution. With a 5-4 decision, the highest court … [Read more...]
Administration Reverses Position in Major Labor Case
Last week, the Trump administration submitted an amicus brief to the Supreme Court that effectively reversed the administration’s position on arbitration agreements as originally stated in a petition for review, filed in 2016. The Office of the Solicitor General rarely changes its position on a major case like this, even if there’s a … [Read more...]
Gorsuch’s First Few Months as Justice of the Supreme Court
About two months after being sworn in, Justice Neil Gorsuch was formally welcomed to the high court with a formal investiture ceremony last week. In his first few months as Justice of the Supreme Court, he has offered the public a glimpse of what’s to come. Of course, the young (49-year old) justice already sat on over 2,700 panels during his … [Read more...]
Justice Gorsuch Writes His First Opinion for the Supreme Court
Justice Neil Gorsuch delivered his first opinion this week, explicating the unanimous Court’s decision that the Fair Debt Collection Practices Act (FDCPA) does not apply to companies that have purchased debt in full with the intent to collect. A unanimous decision on a non-controversial case made this a suitable occasion for a first opinion – an … [Read more...]
Florida Supreme Court Declares Caps on Non-Economic Damages Unconstitutional
Lawyers and victims of medical malpractice cases won a major victory last week when the Florida Supreme Court declared caps on non-economic damages to be unconstitutional. Reversing one of the major legislative victories of former Governor Jeb Bush, the Court found the caps to be arbitrary and concluded that they did not achieve the intended result … [Read more...]
Supreme Court Decision Limits Power of SEC
Earlier this month, the US Supreme Court issued a unanimous ruling that effectively limits the power of the Securities and Exchange Commission (SEC) to recover funds gained through fraudulent activity. Justice Sonia Sotomayor authored the opinion for the court, writing that the SEC must seek “disgorgement” – the process whereby illegally garnered … [Read more...]
Supreme Court Will Hear a Case Involving Cell Phone Privacy
Recently, the Supreme Court agreed to hear a case that could determine whether the government can use information obtained from cell phone companies to find out a person’s location – and whether they can do this without a warrant. In the past, the highest court has prevented government authorities from using GPS devices to track someone’s movement. … [Read more...]
Lawsuit Attempts to Halt Public School Bible Classes in W.V.
A lawsuit filed in January could force public schools in Mercer County, West Virginia, to cease having bible classes during the school day. The bible classes have been an aspect of public education in that county for the past 75 years, but the suit – which was amended by the Freedom From Religion Foundation (FFRF) several months ago – claims that … [Read more...]
Court Denies Attempt to Repeal Colorado’s Marijuana Laws
This past Wednesday, the United States Court of Appeals for the Tenth Circuit rejected Nebraska and Oklahoma’s claim that Colorado’s marijuana laws violate federal statutes. Colorado’s Amendment 64, passed on November 6th 2012, repealed state statutes that prohibit the recreational use of marijuana. Their arguments to the appeals court echoed the … [Read more...]
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