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Over sharp dissents, court intervenes to allow federal government to execute 13th person in six months

The Supreme Court on Friday allowed the federal government to execute Dustin Higgs, reversing lower-court orders that had put the execution on hold and drawing strongly worded dissents from two justices. Higgs’ execution was the third federal execution this week, and it concludes a push by the Trump administration to carry out death sentences before the inauguration of President-elect Joe Biden, who opposes capital punishment. In a brief, unsigned ruling issued around 11 p.m., the justices rever...
Tags: Featured, Maryland, Supreme Court, Law, Court, Joe Biden, Indiana, Department Of Justice, Johnson, Trump, Higgs, U S Court of Appeals, Sotomayor, Breyer, Elena Kagan, 4th Circuit


Court allows execution of Corey Johnson to proceed after COVID-19 diagnosis

The justices on Thursday night denied two last-minute appeals by Corey Johnson, who sought to postpone his execution so that he could recover from COVID-19, which he contracted in prison after spending most of his life on death row. Johnson also argued that he was ineligible for the death penalty on the basis of intellectual disability and that he should have been allowed to seek a sentencing reduction under a 2018 prison-reform law. In rejecting his appeals, the court cleared the final obstacle...
Tags: Featured, Maryland, Supreme Court, Law, Virginia, Indiana, Department Of Justice, Johnson, Donald Trump, Richmond, Trump, Higgs, D C Circuit, Sotomayor, Breyer, Elena Kagan


Reversing several lower courts, justices allow execution of Lisa Montgomery

The Supreme Court on Tuesday night cleared the way for the execution of Lisa Montgomery, the first woman to be executed by the federal government in 68 years. Montgomery was convicted in 2008 of strangling Bobbie Jo Stinnett, a Missouri woman who was eight months pregnant, and extracting the premature baby to pass off as her own child. In a series of brief, unsigned orders, the Supreme Court reversed a pair of rulings from federal appeals courts that had put Montgomery’s execution on hold, and i...
Tags: Featured, Supreme Court, Law, Joe Biden, Indiana, Missouri, Department Of Justice, Justice Department, Montgomery, Trump, Federal Bureau of Prisons, D C Circuit, U S Court of Appeals, Elena Kagan, Kagan, 7th Circuit


Justices grant FDA request to block mail delivery of abortion pills

The Supreme Court on Tuesday granted a request from the Food and Drug Administration to reinstate a federal requirement that a pill used to induce abortion in the early stages of pregnancy be picked up in person from a health care provider. A federal district judge had suspended that requirement last summer because of the COVID-19 pandemic and then left that ruling in place after the justices in October directed the FDA to return to the lower court to seek narrower relief. The Supreme Court’s ne...
Tags: Featured, Maryland, Supreme Court, Law, Court, Joe Biden, Indiana, United States, Food And Drug Administration, Nebraska, Fda, Biden, Trump, Sonia Sotomayor, John Roberts, U S District Court


New year round-up highlights more of the same struggles with COVID in incarceration nation

Gosh knows we all wish we could forget about COVID in this new year, and I sure wish the turn of the calendar would lead to a big turn in the stories of how the coronavirus is impacting prisons and the broader criminal justice system.  But, as this round-up of recent headlines and stories highlight, incarceration nation continues to be ravaged by COVID-19 in so many ways: From the Anchorage Daily News, "Nearly every inmate in Alaska’s largest prison has now had COVID-19, officials say" From the ...
Tags: Law, Indiana, Alaska, Wisconsin, Ohio, Doj, US supreme court, Anchorage Daily News, Douglas A Berman, COVID, Rommel Broom, New York Times States, Jail Population From the Washington Post, NBC News Ohio


"It would be nice if the wall-to-wall marathon showings of A Christmas Story on TBS and TNT led to a rediscovery of Jean Shepherd's other work..."

"... and even to a revival of the radio arts, but given that people have so many other things to occupy themselves nowadays, that it's unlikely."  Said Lurker21, in the comments to the Christmas Café. I've never seen "A Christmas Story," though I am one of Jean Shepherd's biggest fans. For years, in the 1960s, I used to get in bed in time to hear the "Call to Post" — which, today, sounds like something about blogging — on my radio tuned to WOR. And then...   Listening to those Jean...
Tags: Facebook, New York, Law, Wikipedia, Christmas, Blogging, Indiana, Tbs, TNT, Seinfeld, Mad magazine, Donald Fagen, Shepherd, Johnny Cash, WOR, Griffith


Is there any chance COVID might halt the three pending federal executions slated for next month?

The question in the title of this post is prompted by this AP piece headlined "Lawyers: 2nd US inmate scheduled to be executed has COVID-19."  Here are the details: A second federal inmate scheduled to be put to death next month in a series of executions by the Trump administration has tested positive for COVID-19, his lawyers said Friday. The diagnosis of Cory Johnson, who was convicted of killing seven people related to his drug trafficking in Virginia, comes a day after attorneys for Dustin ...
Tags: Texas, Fcc, Law, Virginia, US, Joe Biden, Indiana, Associated Press, Johnson, Montgomery, Trump, Higgs, Richmond Virginia, Cory Johnson, AG Barr, Lisa Montgomery


Divided court reinstates Arizona inmate’s death sentence

The Supreme Court issued orders on Monday from the justices’ private conference last week. The justices had already granted one case, involving class certification in a securities-fraud case, from that conference on Friday, so it was no surprise that they did not add any new cases to their merits docket for this term. The justices denied review in two high-profile cases, involving LGBTQ rights and a proof-of-citizenship requirement for voting, and issued a summary opinion that vacated a ruling b...
Tags: Featured, Supreme Court, Law, Indiana, Arizona, Kansas, Circuit, Donald Trump, 9th Circuit, Howe, U S Court of Appeals, Elena Kagan, Schwab, 10th Circuit, Cases in the Pipeline, Neil Gorsuch


Justices allow execution of Alfred Bourgeois to proceed

Alfred Bourgeois became the 10th person to be put to death by the federal government this year, after the Supreme Court on Friday evening denied his application for a delay of the execution. Justices Elena Kagan and Sonia Sotomayor indicated that they would have granted the application. Federal law and Supreme Court precedent ban the execution of someone who is mentally disabled. Through his counsel, Bourgeois told the justices that he met the current psychological standards for intellectual dis...
Tags: Texas, Featured, Supreme Court, Law, Virginia, Indiana, Bourgeois, Atkins, Sonia Sotomayor, U S Court of Appeals, Sotomayor, Elena Kagan, Kagan, 7th Circuit, American Psychiatric Association, Terre Haute Indiana


Dear SCOTUS, Please Do Not Humor Indiana’s Anti-LGBTQ+ Ways 

This case shouldn't merit any attention whatsoever by the Supreme Court.
Tags: Supreme Court, Law, Indiana, Family law, Ellen Trachman, Assisted Reproductive Technology (ART


"A record-breaking surge in U.S. coronavirus cases is being driven to a significant degree by casual occasions that may feel deceptively safe... dinner parties, game nights, sleepovers and carpools."

"Many earlier coronavirus clusters were linked to nursing homes and crowded nightclubs. But public health officials nationwide say case investigations are increasingly leading them to small, private social gatherings. This behind-doors transmission trend reflects pandemic fatigue and widening social bubbles, experts say — and is particularly insidious because it is so difficult to police and likely to increase as temperatures drop and holidays approach." WaPo reports. It is so difficult to ...
Tags: Law, Indiana, Surveillance, WaPo, Ann Althouse, Coronavirus


"Promoting Expungements to Minimize the Adverse Impact of Substance Use Disorder Criminalization"

The title of this post is the title of this notable new article authored by Brittany Kelly, John Heinz, Anthony Singer and Aila Hoss now available via SSRN.  Here is its abstract: Research has already documented the irreparable harm of the criminalization of drugs.  In the United States, these policies have led to disproportionate rates of incarceration of black men, separated children from their parents in foster care and custody proceedings, and often left people unable to secure employment a...
Tags: Law, Indiana, United States, Douglas A Berman, Brittany Kelly John Heinz Anthony Singer, Aila Hoss


A “view” from the South Lawn: The constitutional oath

On Monday morning, after Air Force One landed in Allentown, Pennsylvania, for a campaign event, President Donald Trump was asked by the press pool whether he was planning a White House event to celebrate the presumed confirmation of Amy Coney Barrett to the Supreme Court. “Yeah, we’re going to see probably at the White House later on this evening, see how it all works out,” Trump said. “The vote is taking place, and we’ll see how that works out.” Would it be a large event, he was asked, and was ...
Tags: Utah, Featured, Supreme Court, Law, Congress, Montana, Washington, Kentucky, Senate, White House, Indiana, Pennsylvania, North Dakota, Tennessee, Ted Cruz, Wisconsin


Tips Tuesday

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology. Research & Writing Don’t confuse e.g. and i.e. Neil Guthrie Many people do, like the drafters of a contract at issue in an Indiana case brought to our attention by Ross Guberman in a LinkedIn post. The contract made one party responsible for ‘the periodic repair of damages to said Easement area caused by vehicular traffic...
Tags: Law, Indiana, Ross Guberman, Tips Tuesday, Neil Guthrie


Symposium: A close look at Barrett’s rulings on qualified immunity

This article is part of a symposium on the jurisprudence of Supreme Court nominee Amy Coney Barrett. Stephen Wermiel writes the “SCOTUS for law students” column for SCOTUSblog. He is a professor of practice at American University Washington College of Law, where he teaches constitutional law and a seminar on the Supreme Court. Among the hot-button issues that Judge Amy Coney Barrett has encountered in her nearly three years on the U.S. Court of Appeals for the 7th Circuit is the scope of qualifi...
Tags: Featured, Supreme Court, Law, Navy, Indiana, Chicago, DOE, Thomas, Ford Fusion, Sonia Sotomayor, Benner, John Doe, Barrett, U S Court of Appeals, Sotomayor, Purdue


Symposium: Barrett’s record suggests willingness to uphold abortion restrictions

This article is the first entry in a symposium on the jurisprudence of Supreme Court nominee Amy Coney Barrett. As a presidential candidate in 2016, Donald Trump pledged to appoint “pro-life” justices. As a result, he told Fox News anchor Chris Wallace, the Supreme Court would “automatically” overturn Roe v. Wade, the landmark 1973 decision establishing the right to obtain an abortion. At this ongoing week’s confirmation hearings for Judge Amy Coney Barrett, Trump’s nominee to fill the vacancy o...
Tags: Featured, Supreme Court, Law, Obama, Colorado, Planned Parenthood, Indiana, Chicago, Fox News, Catholic, Circuit, Louisiana, Donald Trump, Ruth Bader Ginsburg, Notre Dame, Sykes


Should we be rooting for or against some criminal justice discussions during the VP debate?

The question in this title of this post is my sincere question as I think about tonight's scheduled debate between the 2020 vice presidential candidates, current VP Mike Pence and Senator Kamala Harris.  Especially after the many ugly dimensions of last week's Prez election debate, I find myself wondering too much about whether we can even have effective civil discourse in this nation.  That depressing fundamental concern aside, it is perhaps worth recalling that almost exactly four years ago at...
Tags: Law, Congress, California, Senate, Indiana, Kamala Harris, Mike Pence, Scott, HARRIS, Tim Scott, Prez, Douglas A Berman, Trump Administration, Gov Pence, Quijano


Who is Amy Coney Barrett?

Who is Judge Amy Coney Barrett and what’s next for her confirmation battle? Amy Howe answers these questions and more on this week’s episode of SCOTUStalk. Amy sits down with SCOTUSblog media editor Katie Barlow to discuss the significance of President Donald Trump’s third nomination to the court, what the truncated confirmation timeline will be like, and what hot-button issues she would face as the court’s newest justice. Listen on Acast | Spotify The full transcript is below. [00:00:00] O...
Tags: Florida, New York, Featured, Supreme Court, Law, Obama, Congress, Colorado, California, Washington, White House, New York City, Barack Obama, Indiana, Cnn, Chicago


Amy Coney Barrett set for Trump nomination to supreme court – live

President will name replacement for Ruth Bader GinsburgEvangelical leaders due in Oval Office before announcement‘Not special any more’: how the Senate failed the peopleRuth Bader Ginsburg is first woman to lie in state in US CapitolSign up for Fight to Vote – our weekly US election newsletter 8.17pm BST The presidential election takes place on 3 November, but there is plenty of time to appoint Amy Coney Barrett to the supreme court by then. CNN has reported on the likely timetable for the S...
Tags: Law, Republicans, Senate, US, World news, US news, Indiana, Cnn, Democrats, US politics, US Senate, US Congress, US constitution and civil liberties, Donald Trump, Ruth Bader Ginsburg, US supreme court


Justices deny request to postpone federal execution of man who killed as teenager

The Supreme Court on Thursday the execution of Christopher André Vialva, who was sentenced to death for the 1999 murders and carjacking of Todd and Stacie Bagley, two youth ministers from Iowa who had agreed to give Vialva a ride after stopping to use a pay phone in Texas. Vialva, who was 19 at the time of the crime, was executed by lethal injection on Thursday evening at a federal prison in Indiana. He was the seventh person to be executed by the federal government this year after a 17-year p...
Tags: Texas, Featured, Supreme Court, Law, Indiana, United States, Iowa, Department Of Justice, Trump, Todd, Capital Cases, Christopher Andre Vialva, Stacie Bagley, Vialva, Texas Vialva


Justices decline to block sixth federal execution this year

The Supreme Court on Tuesday evening declined to postpone the execution of William Emmett LeCroy, Jr., who was sentenced to death for raping and killing 30-year-old Joann Tiesler while on probation in 2001. Shortly after the court’s ruling, LeCroy died by lethal injection at around 9 p.m. EDT at a federal prison in Indiana. Due to the coronavirus pandemic, LeCroy argued that his execution should have been postponed to allow for the attendance of his longtime lead attorney. In a petition and acco...
Tags: Featured, Supreme Court, Law, Indiana, Department Of Justice, Lecroy, Capital Cases, Christopher Vialva, William Emmett LeCroy Jr, Joann Tiesler


Another accounting of Justice Ginsburg's criminal justice legacy

I receive via email from Arizona State College of Law's Academy for Justice a terrific review (with links) of some of Justice Ruth Bader Ginsburg major work in criminal justice cases during her tenure on the Court, as well as some leading scholarship discussing this work. I got permission to reprint this collection here, so: Some of Justice Ginsburg's Criminal Justice Opinions : Timbs v. Indiana, 586 U.S. ___ (2019) (Excessive Fines Clause) Perry v. New Hampshire, 565 U.S. 228 (2012) (eyewitne...
Tags: Florida, Law, Alabama, Indiana, United States, New Hampshire, Arizona, New Mexico, Ruth Bader Ginsburg, Terry, Miller, Thomas, Perry, Ginsburg, Chandler, Shelton


Profile of a potential nominee: Amy Coney Barrett

President Donald Trump announced on Saturday that he would nominate a woman to fill the vacancy left by the death of Justice Ruth Bader Ginsburg. According to news reports, Judge Amy Coney Barrett, a judge on the Chicago-based U.S. Court of Appeals for the 7th Circuit, is on the shortlist of candidates whom the president is considering. Judge Amy Coney Barrett (University of Notre Dame) This is not the first time that Barrett’s name has been mentioned in connection with a possible Supreme Cou...
Tags: Texas, Featured, Supreme Court, Law, Obama, Colorado, Navy, California, Planned Parenthood, Washington, Senate, Virginia, Court, West Virginia, Indiana, Chicago


In (sentencing) memoriam: noting a few major sentencing majority opinions by Justice Ginsburg

Justice Ruth Bader Ginsburg was nominated to be a Justice when I was still in law school, so it has been a very long time since I have thought about a Supreme Court without her voice and views being integral to the Court's work.  And, as I noted in this post last night, she was literally the critical swing vote in US v. Booker to give us the advisory guideline system that has defined the federal sentencing for over fifteen years. Though Justice Ginsburg did not write an opinion in Booker, she wr...
Tags: Supreme Court, Law, California, Oregon, Court, US, Indiana, United States, Arizona, Ruth Bader Ginsburg, Booker, Ginsburg, Cunningham, Kimbrough, Douglas A Berman, Timbs


Materials In 6-Point Font? No Way To Mark It Up? Online Bar Exam Plan Keeps Getting Better & Better!

We would all protest if attorneys were forced to work like this.
Tags: New York, Technology, Law, Indiana, Law Schools, Bar Exams


Defense of looting takes current debate beyond parody

SACRAMENTO – National Public Radio’s interview last month with Vicky Osterweil, author of a new book called “In Defense of Looting,” generated so much pushback that the network had to add a clarification providing more “context” to help readers “fully assess” her “controversial” views. But there isn’t anything that NPR’s editors could do to contextualize Osterweil’s dangerous message. In technical terms, her argument – that the American system of property rights is oppressive and looting and may...
Tags: Opinion, Opinion columns


Crime And Punishment In Indiana

The Indiana Supreme Court decided thorny criminal law issues in two cases decided yesterday. Double jeopardy in the Wadle case we expressly overrule the Richardson constitutional tests in resolving claims of substantive double jeopardy. Going forward, and with a focus... [Author: Legal Profession Prof]
Tags: Law, Indiana, Current Affairs, Richardson, Indiana Supreme Court, Legal Profession Prof, Wadle


Staying Dry & Distant at the EAA Museum

With thunderstorms lined in assaulting waves on radar and pathfinding drops splattering themselves against my office window, changing my Saturday morning plans for a two-wheel ride to Rio, Wisconsin, seemed prudent. Remembering that the EAA Aviation Museum had reopened on the previous Monday, a visit there would be interesting on several levels, especially since it has been several years since I last paced my way around its winged occupants. Turning into the museum driveway, the blue signs sayi...
Tags: General, Minnesota, Navy, Lifestyle, Indiana, Military, Drones, Wisconsin, Aviation, Chicagoland, Michigan, Nagasaki, Saigon, Wright, PAUL, Huey


Tuesday round-up

This week marks the 10-year anniversary of Justice Elena Kagan’s confirmation to the Supreme Court, and USA Today’s Richard Wolf examines the heavy influence she has had during her first decade as a justice. Kagan’s ability to find common ground with conservative justices – and to pick her battles when she dissents – has helped the court maintain “most of its luster as the least political branch of the federal government,” Wolf writes. At the same time, the political branches continue to focus o...
Tags: Supreme Court, Law, Washington Post, Nbc News, Barack Obama, Joe Biden, Indiana, Cnn, Nevada, Circuit, Usa Today, Round-up, Wolf, John Roberts, Josh Blackman, Roberts


A Hacker Walks Into A Bar Exam — See Also

Day 2: Bar exams continued across the country and it continued to be a mess, highlighted by the admission that Michigan's bar exam was hacked. Omnibus coverage here. On Second Thought: After an earlier delay, Indiana moves to an emailed bar exam. Money, Money, Money, Money: Bonuses come to Ogletree and Baker Botts. But...: Layoffs coming for the staff ranks.
Tags: Law, Indiana, Michigan, Ogletree, See Also



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