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Symposium: June Medical decision is no cause for congressional complacency

Richard Blumenthal is the senior United States senator from Connecticut. He joined an amicus brief on behalf of 197 members of Congress in support of the petitioners in June Medical Services v. Russo. He is the Senate lead sponsor of the Women’s Health Protection Act. Today’s Supreme Court decision in June Medical Services v. Russo is a landmark legal victory against radical politicians relentlessly attacking reproductive rights cross the country. Roe v. Wade is safe—for now. This ruling is an i...
Tags: Texas, Featured, Supreme Court, Law, Congress, Senate, United States, Connecticut, Louisiana, Donald Trump, Richard Blumenthal, John Roberts, Baton Rouge, U S Court of Appeals, Stephen Breyer, Breyer


Opinion analysis: With Roberts providing the fifth vote, court strikes down Louisiana abortion law (Updated)

Four years ago, by a vote of 5-3, the Supreme Court struck down a Texas law that (among other things) required doctors who perform abortions to have the right to admit patients at a nearby hospital. In that case, Justice Anthony Kennedy joined his four more liberal colleagues in holding that, although Texas has a genuine interest in protecting the health of pregnant women, there was no evidence that the law actually did anything to promote that interest – but it did make it more difficult for wo...
Tags: Health, Texas, Featured, Supreme Court, Law, Planned Parenthood, New Orleans, Louisiana, Kennedy, Thomas, John Roberts, Roberts, Baton Rouge, District Court, Alito, U S Court of Appeals


"Racial tragedies stoke pressure on Joe Biden to pick a nonwhite running mate."

A WaPo headline. The photo at the top shows Biden, at a debate, next to Kamala Harris. I was trying to think of a word to describe his gesture and demeanor. I could only think of "mansplaining." Is there a word "whitesplaining"? There's got to be.Against this backdrop [the "explosive incidents involving race and police violence"], several nonwhite prospects have emerged from the pack. Top Biden allies see Sen. Kamala D. Harris (D-Calif.), who is African American and Indian, as a leading contende...
Tags: Minnesota, Law, Police, Wikipedia, Georgia, Joe Biden, Biden, Kamala Harris, Orlando, Calif, Duckworth, Orlando Sentinel, Baton Rouge, Daley, WaPo, Fla


"As restrictions ease in Louisiana, a restaurant owner in Baton Rouge talks about how the pandemic has affected her business and why the decision to reopen isn’t an easy one."

The NYT "Daily" podcast has a fantastic interview today with a restaurant owner. Her story and her way of telling it are so compelling. The detail is personal, her reasons for needing to open and to stay closed are agonizingly balanced. Please do yourself a favor and listen, even if only to the first few minutes about how she, a dental hygienist at the time, met her husband, a chef. [Author: [email protected] (Ann Althouse)]
Tags: Law, Michael Barbaro, Restaurants, Louisiana, Baton Rouge, Ann Althouse, Coronavirus


Ugly details on COVID realities in federal prison in Louisiana as Bureau of Prisons slowly updates system-wide spread

The Washington Post has this troubling report, headlined "An explosion of coronavirus cases cripples a federal prison in Louisiana," about what is going on the federal prison where the first federal inmate died from contracting the coronavirus.  Here are excerpts: A federal prison in Louisiana has, within days, exploded with coronavirus cases, leading to the death of one inmate on Saturday, the admission of a guard into a hospital intensive care unit, and positive test results for another 30 in...
Tags: Law, Washington Post, US, Atlanta, Chicago, Brooklyn, Louisiana, Doj, Jones, New York Ny, Federal Bureau of Prisons, Brooklyn NY, Baton Rouge, Oakdale, AG Barr, Bureau of Prisons


Symposium: June Medical Services – An opportunity to reject invasive appellate review

Fadwa Hammoud is the solicitor general of the state of Michigan, which joined an amicus brief on behalf of the petitioner in June Medical Services v. Gee. Many articles concerning June Medical Services v. Gee attempt to read the tea leaves regarding the future of abortion rights in light of the newer members of the Supreme Court, Justices Neil Gorsuch and Brett Kavanaugh. And rightfully so, given the effect that the court’s composition can have on American life. But I will leave the tasseography...
Tags: Health, Texas, Featured, Supreme Court, Law, Michigan, Louisiana, DOE, Anderson, Cooper, Baton Rouge, U S Court of Appeals, Hellerstedt, 5th Circuit, Medical Services, June Medical Services


Monday round-up

On Friday, a group of Democratic-led states and the House of Representatives asked the Supreme Court to grant expedited review of a lower-court decision striking down part of the Affordable Care Act. Amy Howe has this blog’s coverage, in a post that first appeared at Howe on the Court. Mark Sherman reports for AP that the coalition of states “asked the Supreme Court for a fast-track review of a recent court ruling that declared part of the statute unconstitutional and cast a cloud over the rest....
Tags: Supreme Court, Law, California, Washington Post, Ap, New York Times, House Of Representatives, Louisiana, Ruth Bader Ginsburg, Round-up, Mark Sherman, U S Supreme Court, John Roberts, Mark Joseph Stern, Robert Barnes, Baton Rouge


Thursday round-up

Briefly: At The Advocate of Baton Rouge (via How Appealing), Joe Gyan Jr, reports that in Mckesson v. Doe, “[a] civil rights group is urging the nation’s highest court to overturn a lower-court ruling that said a Black Lives Matter organizer has no First Amendment defense to a lawsuit filed by a Baton Rouge officer who was injured while trying to arrest protesters after the 2016 killing of Alton Sterling.” Mark Sherman reports for AP that when Chief Justice John Roberts “makes the short trip fr...
Tags: Supreme Court, Law, Senate, Ap, Donald Trump, Black Lives Matter, DOE, Round-up, Mark Sherman, John Roberts, McKesson, Baton Rouge, Joe Gyan Jr, Alton Sterling


Reviewing LWOP populations in Louisiana and nationwide

I am just finding time to blog about this lengthy terrific piece from last weekend in The Advocate under the headline "Louisiana's life without parole sentencing the nation's highest — and some say that should change." I recommend the piece in full, and here are some excerpts: About 15 percent of Louisiana's prison population consists of people serving life without parole, which is the highest percentage among all states. Those numbers are the result of sentencing laws enacted decades ago — inc...
Tags: Supreme Court, Law, LSU, America, Tennessee, New Orleans, Louisiana, U S Supreme Court, Department of Corrections, Baton Rouge, University of Mississippi, Douglas A Berman, Louisiana Department of Corrections, Texas Arkansas Mississippi Alabama, Loyola University More, Jamila Johnson


No Actual Suspension For Isolated DUI

The Louisiana Supreme Court On September 8, 2017, respondent was involved in an automobile accident as she drove west on Perkins Road in Baton Rouge. A witness saw respondent’s vehicle cross the center line and veer into oncoming traffic, drive... [Author: Legal Profession Prof]
Tags: Law, Baton Rouge, Louisiana Supreme Court, Legal Profession Prof, Bar Discipline & Process, Perkins Road


Henry Montgomery (of Montgomery v. Louisiana) denied parole yet again at age 72

A few years ago Henry Montgomery won in the Supreme Court with his claim that the landmark Eighth Amendment decision in Miller v. Alabama must be applied retroactively.  But that win only garnered him a chance to be paroled after serving more than 50 years on a murder charge as a teenager in the early 1960s.  Last year, Montgomery was denied parole as detailed in this prior post, and yesterday he was denied parole again as reported in this local article headlined "After 55 years in prison, Baton...
Tags: Supreme Court, Law, Alabama, Angola, Louisiana, Montgomery, Miller, U S Supreme Court, Kelsey, Baton Rouge, Louisiana State Penitentiary, Henry Montgomery, Vannoy, Douglas A Berman, Charles Hurt, Keith Nordyke


Symposium: Undue burden, balancing test or bright line? Court should take the Louisiana admitting-privileges case to clarify the meaning of Whole Woman’s Health

Catherine Glenn Foster is the president and chief executive officer of Americans United for Life. The U.S. Supreme Court’s last pronouncement on abortion came in 2016, in the jurisprudential netherworld between the death of Justice Antonin Scalia and the appointment of Justice Neil Gorsuch. Whole Woman’s Health v. Hellerstedt invalidated portions of Texas’ HB 2, including a requirement that doctors performing abortions maintain patient-admitting privileges at a hospital within 30 miles of their ...
Tags: Health, Texas, Featured, Mississippi, Supreme Court, Law, Planned Parenthood, Wisconsin, Louisiana, Antonin Scalia, John Roberts, Scalia, The Supreme Court, Baton Rouge, U S Court of Appeals, Stephen Breyer


A year after denial, Henry Montgomery (of Montgomery v. Louisiana) to get parole reconsideration by parole board

In every area of criminal law, as many are seeing in real time with the FIRST STEP Act, the implementation of any legal changes can be almost as important as the legal changes themselves.  The high-profile case of 72-year-old Henry Montgomery, who won in the Supreme Court with his claim that the landmark Eighth Amendment decision in Miller v. Alabama must be applied retroactively, continues to demonstrate this fact.  Though granted a chance at parole after serving more than 50 years on a murder ...
Tags: Supreme Court, Law, Alabama, Pennsylvania, Angola, Michigan, Louisiana, Montgomery, Miller, Abbott, U S Supreme Court, Baton Rouge, Louisiana State Penitentiary, Henry Montgomery, Douglas A Berman, East Baton Rouge Sheriff


“Star in conservative legal circles, Baton Rouge’s Kyle Duncan confirmed to Fifth Circuit Court of Appeals”

“Star in conservative legal circles, Baton Rouge’s Kyle Duncan confirmed to Fifth Circuit Court of Appeals”: Bryn Stole has this front page article in today’s edition of The Advocate of Baton Rouge, Louisiana.
Tags: Law, Uncategorized, Baton Rouge, Fifth Circuit Court of Appeals, Kyle Duncan


Free speech roundup

“Lucha Underground Wrestling Sends Legal Threat To Journalists For Publishing ‘Spoilers'” [Tim Geigner, TechDirt] Watch what you say about lawyers: politically active Baton Rouge trial lawyer threatens political blog The Hayride over critical coverage [The Hayride, Robert Davis/Louisiana Record] Update: Stanford’s Mark Jacobson drops defamation lawsuit against other scientists [Jonathan Adler, earlier] Update: federal judge tells town of Sibley, Iowa to stop threatening resident who ...
Tags: Law, Stanford, China, Uncategorized, Sports, Terrorism, Aclu, Iowa, Free Speech, Baton Rouge, Jonathan Adler, Mark Jacobson, Evergreen State, Libel Slander And Defamation, Tim Cushing TechDirt, SIBLEY Iowa


Free speech roundup

SCOTUS grants certiorari in three First Amendment cases, bringing term’s total to four so far: National Institute of Family & Life Advocates v. Becerra (challenge to California law requiring “crisis pregnancy centers” to convey state-prescribed messages), Lozman v. Riviera Beach (scope of First Amendment claims for retaliatory arrest), Minnesota Voters Alliance v. Mansky (ban on political apparel at polls) [Ronald K.L. Coleman, Amy Howe/ SCOTUSBlog, Eugene Volokh, Howard Wasserman] Roy Moore t...
Tags: Facebook, Supreme Court, Law, California, Washington Post, Russia, Uncategorized, Alabama, Social Media, Free Speech, First Amendment, Roy Moore, Trafficking, Erik Wemple, Baton Rouge, Riviera Beach


Reckless Driving: Any Course of Action for Someone Who Hit Car W/Object

I am in the state of Louisiana - in Baton Rouge. If you've been here, you know that our drivers are... something else. To keep it short - today I was on a road, and when I didn't move up as far as the person behind me wanted (on to some train tracks), they decided to honk a few times at me. I waved them off in front of my rear view - like "hold your horses", as I'm not going to park on tracks. Some room opened up on the opposite side of the tracks, so I moved forward at this time, and the o...
Tags: Law, Louisiana, Moving Violations, Parking And Traffic Tickets, Baton Rouge


Preventing Acts of God: Construction Accidents Caused by Outside Factors

For this week’s Guest Post Friday here at Musings, we welcome back Seth Smiley. Seth, a native of Baton Rouge, is the owner of Smiley Law Firm. He is admitted to practice in all state and federal courts in Louisiana and California. Seth Smiley is the son of a general contractor, and acquired valuable work experience in the construction industry prior to entering law school. He earned his J.D. from Loyola, New Orleans in 2009. In his practice, Seth handles all aspects of construction cases, from...
Tags: Law, California, Guest Post, Construction, Louisiana, Baton Rouge, Seth, Guest Post Friday, Construction Law, Virginia Construction Attorney, Virginia Construction Mediator, Construction Law Musings Richmond VA, Loyola New Orleans, Virginia Construction Litigation, Seth Smiley Seth, Seth Smiley


July 26 roundup

“It’s time for our justice system to embrace artificial intelligence” [Caleb Watney, Brookings] Ontario woman named vexatious litigant and barred from filing lawsuits without leave tells newspaper “to hold off on publishing her story until all of her matters before the court were concluded, or else” [Jesse McLean and Emily Mathieu, Toronto Star] Psittacine hearsay? Parrot said to have repeated “don’t (expletive) shoot” in murder victim’s voice; wife convicted [AP/Detroit News] “The parrot ...
Tags: Law, Animals, Uncategorized, Copyright, Canada, Pennsylvania, Cbs, Intellectual Property, Black Lives Matter, Ontario, Baton Rouge, Seventh Circuit, Jesse McLean, Serial Litigants, John Ross Short Circuit, Caleb Watney Brookings


Henry Montgomery (of Montgomery v. Louisiana) re-sentenced to life with parole

As reported in this lengthy local article, a defendant whose surname means a lot to a lot of juvenile offenders long ago sentenced to life without parole was resentenced today in Louisiana. Here are just some of the details of the latest chapter of a truly a remarkable case: A Baton Rouge judge Wednesday gave a 71-year-old man convicted of killing a sheriff's deputy when he was 17 a chance to leave prison before he dies. Henry Montgomery has been locked up for 54 years in the killing of East Ba...
Tags: Supreme Court, Law, Angola, Louisiana, Montgomery, Anderson, Wilson, U S Supreme Court, Baton Rouge, Richard Anderson, Louisiana State Penitentiary, East Baton Rouge Parish, Louisiana Supreme Court, Henry Montgomery, East Baton Rouge, Blouin


Spotlighting the continued challenges for juve lifers like Henry Montgomery even after SCOTUS victories in Miller and Montgomery

Mother Jones has this notable new article about Henry Montgomery and other juveniles who are still fighting to get relief after seemingly helpful recent Supreme Court Eighth Amendment rulings. The full headline of this piece is "The Supreme Court Said His Prison Sentence Was Unconstitutional. He’s Still Behind Bars. Despite a ruling in their favor, Henry Montgomery and other juvenile lifers are no closer to getting out."  Here are excerpts: But although the Supreme Court often appears all-power...
Tags: Supreme Court, Law, Alabama, Angola, Michigan, Louisiana, Kennedy, Montgomery, US supreme court, Miller, Legislature, Mother Jones, Baton Rouge, Supreme Court Said, Henry Montgomery, Ku Klux


Deep dive into the deep challenges of sentencing different types of child sex offenders

The Shreveport Times has this detailed five-part series, called Sinister Web, which looks into the modern digital world of child pornography. One article in the series examines case-processing and sentencing issues and challenges in this sad space under the headlined "Different outcomes for child rapists, child pornographers."  Here are excerpts: Prosecutors face specific challenges when handling contact child sexual abuse cases, which often result in less prison time for those who sexually ass...
Tags: Law, Lafayette, Louisiana, Times, Flowers, Bureau Of Justice Statistics, Ward, Melville, Louisiana State Police, Baton Rouge, Shreveport, Guillory, Douglas A Berman, Caddo Parish, Metoyer, Jesse Ward


Class Action Status Sought In Lawsuit Against Louisiana’s Defense System

Class Action Status Sought In Lawsuit Against Louisiana's Defense System The post Class Action Status Sought In Lawsuit Against Louisiana’s Defense System appeared first on Legal Reader.
Tags: Lawsuit, Legal, Law, Defense, Court, Jury, Local, Practice, Trial, Louisiana, Public, Judge, Lawyer, Claim, Attorney, News & Politics


Disbarment But Not Permanent For iPad Theft

The Louisiana Supreme Court has disbarred an attorney for criminal conduct In April 2015, a lobbyist working at the Louisiana State Capitol in Baton Rouge reported that his briefcase and Apple iPad, keyboard, and case were stolen from the Capitol... [Author: Legal Profession Prof]
Tags: Law, Louisiana State Capitol, Baton Rouge, Louisiana Supreme Court, Legal Profession Prof, Bar Discipline & Process


Inside the plea mill, how bad prosecutors cause bad policing, and other stories

Here are a few odds and ends which merit Grits readers' attention:Inside the plea mill in San Antonio: "Little-noticed jail court offers inmates a fast track" Related, from the SA Express-News: "Rules for bail punish the poor."Eva Ruth Moravec recounted the stories of seven off-duty police officers who shot and killed people in 2016 and differing DA policies about presenting such cases to a grand jury.Read how Harris County Sheriff's deputies mistook a sock full of cat litter for meth thanks to ...
Tags: Texas, Law, Maine, Dallas, San Antonio, Baton Rouge, Gritsforbreakfast, TDCJ, Eva Ruth Moravec, Texas Lege


Prez Candidate Clinton promises “end to end reform in our criminal justice system — not half-measures, but full measures"

This new Politico article reports on the latest criminal justice reform promise by a vote-seeking politician under this full headline: "Clinton promises 'end to end' criminal justice reform in pitch to black voters: Visiting Charlotte less than two weeks after a controversial police shooting, the Democrat makes makes an appeal to the voters she needs to beat Donald Trump in North Carolina."  Here are excerpts from the piece: In a humble church with a familiar name, Little Rock A.M.E. Zion, Hill...
Tags: Law, Obama, Politico, America, Barack Obama, Dallas, Philadelphia, John Mccain, North Carolina, Donald Trump, Clinton, Charlotte, Democratic Party, Baton Rouge, Mecklenburg County, Marlon Marshall


Friday round-up

Yesterday the Obama administration asked the Supreme Court to leave in place a lower court ruling striking down North Carolina’s controversial election law, which included a requirement that voters provide a government-issued photo ID. Amy Howe covered the request for this blog, with other coverage coming from Lyle Denniston at his blog, Jessie Hellmann of The Hill, Pete Williams of NBC, and Rick Hasen at his Election Law Blog. In other election-related news, Rick Hasen also covers Gary Johns...
Tags: Nbc, Supreme Court, Law, Obama, Hillary Clinton, Arkansas, Ohio, North Carolina, Donald Trump, Los Angeles Times, Bloomberg Bna, Reuters, Gary Johnson, Lyle Denniston, Lawrence Hurley, Linda Greenhouse


Prez Obama commutes 214 more federal sentences

As reported here by Politico, "President Barack Obama commuted the sentences of 214 people on Wednesday, bringing his total number of commutations to 562." Here is more about this latest encouraging clemency news, with some political context: The president's biggest batch of commutations comes as Donald Trump touts a "law and order" message. But for advocates of sentencing reform, it's a sign that the administration isn't letting up on the 2014 Justice Department initiative to ease punishments f...
Tags: Law, Obama, Congress, Senate, White House, America, Barack Obama, House, Dallas, Donald Trump, Justice Department, Sally Yates, Trump, Prez Obama, Baton Rouge, Eggleston


"Best Lawyer" Suspended For 30 Months

The District of Columbia Court of Appeals has imposed a reciprocal 30 month suspension of an attorney based on discipline imposed by the Louisiana Supreme Court. WAFB9 had the background Baton Rouge police report the second man wanted in connection... [Author: Legal Profession Prof]
Tags: Law, Baton Rouge, Legal Profession Prof, Bar Discipline & Process, District of Columbia Court of Appeals


Podcast: New Texas death-in-custody data online

Grits contributing writer Amanda Woog, who is a postdoctoral fellow at the UT-Austin Institute for Urban Policy Research and Analysis, has made a curated version of Texas' death-in-custody database available for the first time online. See her fancy new website, somewhat blandly dubbed the Texas Justice Initiative. There's nothing dull about its contents, however.Last year, the Texas Legislature mandated that police departments report all police shootings to the Attorney General, whether or not t...
Tags: Texas, Law, Dallas, Houston, Dallas Morning News, Sandra Bland, Scott, WFAA, Baton Rouge, AG, Brandi, Henson, Brandi Grissom, Texas Legislature, Castile, Scott Henson



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