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...]
House Republicans Vote to Repeal Key Reforms in Dodd-Frank
This past Thursday while everyone was watching the Comey hearing, the House of Representatives voted to rescind several post-2008 regulations that Republicans regard as too restrictive on financial institutions. This is the latest in a series of GOP-guided initiatives to roll back Obama-era rules. Trump said earlier in his presidency that he would … [Read more...]
Kansas Republicans Abandon Governor Brownback’s Experiment in Conservative Governance
Kansas Republicans made an about face this week when they decided to abandon the extremely conservative tax policy that Governor Sam Brownback (R) called a “real live experiment” in unfettered trickle-down economics. The Governor attempted to veto the bill but was overridden by the state legislature, a major embarrassment for the Republican leader … [Read more...]
DeVos Gives Vague Response Regarding Discrimination in Private Schools
When asked by Senator Jeff Merkley (D-Oregon) whether religious discrimination would be allowed in private schools receiving federal funding, Secretary of Education Betsy DeVos would not respond directly to the question. Instead, she insisted on repeating this phrase: “Schools that receive federal funds must follow federal law.” The question came … [Read more...]
DOJ No Longer Allows Settlements to Fund Third-Party Organizations
Two weeks ago, the Justice Department ended yet another Obama-era policy that allowed money from legal settlements to go to third-party organizations. Attorney General Jeff Sessions released a memo (dated June 5th) demanding that all settlement funds are to go directly to the victims involved in the case. The guidance could majorly affect large … [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...]
Texas Voting Laws Are Racist, Federal Courts Rule
In 2013, Supreme Court Justices struck down a key provision (Section 4) of the Voting Rights Act of 1965 that required states with histories of racial discrimination to “pre-clear” changes to voting law before moving forward. This gave nine (mostly) southern states (and parts of six others) the ability to pass voting laws without having to seek … [Read more...]
Former Judge Decries Mandatory Minimum Sentences
In mid-April, Kevin Sharp resigned from his post on a federal court in Tennessee where he served as chief US District Judge. The former judge left to establish a fifth office for the firm Sanford Heisler. Sharp has expressed excitement at the prospect of being a lawyer again, especially at this firm, which specializes in employment and civil … [Read more...]
James Comey Testifies Before Senate Intelligence Committee
https://youtu.be/1JV8AdY3myA From C-SPAN: James Comey Full Opening Statement … [Read more...]
The Republican Plan to Undermine the Regulatory System
Having gained control of Congress and the White House, the GOP has been working on ways to overhaul the regulatory system in this country. Not only do they want to rescind as many Obama-era regulations as possible (via the Congressional Review Act), they also want to pass regulatory reform that will survive well beyond the tenure of the current … [Read more...]
States Can’t Keep Court Fees of Exonerated Individuals, SCOTUS Rules
On April 19th, the Supreme Court ruled that when a criminal conviction is reversed by a reviewing court, the state must refund court costs, fees, and restitution taken from the defendant after being convicted. The ruling pertained to a Colorado law that required exonerated individuals to prove their innocence in a separate civil court before … [Read more...]
Family of Pilots Who Died in Frederick Midair Crash Receive $17 million
In early April, a jury awarded $17 million to families of pilots killed in 2014 in a midair collision over Frederick, MD. The family sued the Midwest Air Traffic Control Services because, according to the families’ claims, the contractor, which operates the Frederick Municipal Airport tower, negligently caused the deaths of Christopher Parsons and … [Read more...]
Henrico Settles Lawsuit Involving Immigrant Detained Past Release Date
A federal lawsuit involving the detainment of an illegal immigrant from El Salvador was recently settled, Richmond.com reported. Jaime S. Alfaro-Garcia – who was being detained for drunk driving – filed the lawsuit in 2015 against Henrico County Sheriff Michael Wade after being held for US Immigration and Customs Enforcement (ICE) … [Read more...]
New Legislation Could Bolster Cruise Passenger Safety Laws
It may come as a shock to some that there are currently no laws requiring cruise ship companies to report death and crimes that occur at sea. That’s why Representative Doris O. Matsui (D-CA) has introduced legislation that would make it necessary for cruise ship operators to report events such as robberies, assaults or death. This … [Read more...]
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