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Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from May 27 – June 17, 2021 inclusive. Appeals Civil Procedure: Court Record Access MediaQMI inc. v. Kamel, 2019 QCCA 814; 2021 SCC 23 (38755) In Québec, the Code of Civil Procedure give...
Tags: Law, Court, Queen, Court of appeal, Quebec, Trustees, Donovan, Morrow, Colucci, Summaries Sunday, Supreme Advocacy, Supreme Advocacy LLP, Supreme Court of Canada Supreme Advocacy LLP, Supreme Advocacy Letter, Kamel, Slatter


Firearms Policy Coalition Challenges Nevada Ban on Self-Built Firearms

Yesterday, Firearms Policy Coalition (FPC) filed a motion for preliminary injunction in its federal Second Amendment lawsuit challenging Nevada’s unconstitutional statutes enacted in Assembly Bill 286. IMG istock 884215372 U.S.A. -(AmmoLand.com)- Yesterday, Firearms Policy Coalition (FPC) filed a motion for preliminary injunction in its federal Second Amendment lawsuit challenging Nevada’s unconstitutional statutes enacted in Assembly Bill 286, which established a new, confiscatory ban on all ...
Tags: Minnesota, Maryland, Guns, Supreme Court, California, New York City, Court, Georgia, Pennsylvania, United States, Tennessee, New Jersey, Palmer, Davis, Nevada, Meyer


Devin Nunes' Family's Bizarrely Stupid Defamation Lawsuit Goes Off The Rails (techdirt)

As you may recall, Rep. Devin Nunes has been involved in a bunch of totally frivolous SLAPP suits that seem designed to try to intimidate journalists from writing stories criticizing Devin Nunes. A key one that seems to have gotten deeply under Nunes' skin is an Esquire piece from a few years ago entitled Devin Nunes’s Family Farm Is Hiding a Politically Explosive Secret written by reporter Ryan Lizza. In the fall of 2019 he sued over that article, and a few months later his family sued over it ...
Tags: News, California, Court, Iowa, Wall Street Journal, Hearst, Mike Masnick, Napa Valley, Justin, Allen, Tulare, Jennifer, Roberts, Devin, Dep, Esquire


Fulton quiets Tandon’s thunder: A free exercise puzzle

This article is the first entry in a symposium on the court’s decision in Fulton v. City of Philadelphia. Jim Oleske is a professor of law at Lewis & Clark Law School. His research focuses on the intersection of religious liberty and other constitutional values. Ten weeks ago, acting on an emergency application for injunctive relief in the COVID-19 case of Tandon v. Newsom, the Supreme Court issued an unsigned opinion that appeared to resolve one of the two major free exercise issues previously...
Tags: Featured, Law, Court, Philadelphia, Smith, Rube Goldberg, Trump, Thomas, Fulton, Alito, Barrett, U S Court of Appeals, Stephen Breyer, Clarence Thomas, Tandon, Kavanaugh


Ken Paxton Shoulda Hired a Legal Philosopher

It has been a morning of overlapping consensus at the Supreme Court: in both California v. Texas and Fulton v. Philadelphia, the Justices found their way to a broad (7-2 or 9-0) resolution of questions far narrower than what the plaintiffs in these lawsuits had hoped to win from a far-right court. In the case of California v. Texas—and what an appropriate name for what is essentially a purely partisan lawsuit, the latest long-shot effort to unravel the Affordable Care Act through judicial acti...
Tags: Texas, Justice, Supreme Court, California, Court, Philadelphia, Branding, Cle, Thomas, Fulton, Ken Paxton, CBO, Breyer, Oliver Wendell Holmes, Texas AG, Joseph Fishkin


Kurt Lash on Reconstruction (1): Defining the topic, setting the canon

For the Symposium on Kurt Lash, The Reconstruction Amendments: The Essential Documents (University of Chicago Press, 2021)(2 vols.). What follows is a two-part review of Kurt Lash’s truly important collection of materials on “the Reconstruction Amendments” just published by the University of Chicago Press.  Both Lash and the Press have performed a genuine service to anyone interested in American constitutional history by bringing out these handsomely produced two volumes.  They will be a...
Tags: Europe, New York, Maryland, Supreme Court, Mexico, Kentucky, Boston, Virginia, Massachusetts, Court, Georgia, Canada, Pennsylvania, United States, New York Times, Connecticut


Gun-waving St. Louis couple pleads guilty to misdemeanors

By Jim Salter | Associated Press ST. LOUIS — A St. Louis couple who gained notoriety for pointing guns at social justice demonstrators pleaded guilty Thursday to misdemeanor charges, but the man left the courthouse defiantly pledging to “do it again” if faced with the same circumstances. Patricia McCloskey pleaded guilty to misdemeanor harassment and was fined $2,000. Her husband, Mark McCloskey, pleaded guilty to misdemeanor fourth-degree assault and was fined $750. They also agreed to give up ...
Tags: Minneapolis, Senate, Virginia, Court, Sport, Ap, Soccer, Missouri, Republican, St Louis, Donald Trump, Southern California, David Mason, Mark, Lee, Callahan


"The refusal of Philadelphia to contract with CSS for the provision of foster care services unless [Catholic Social Services] agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment."

 The Supreme Court has just ruled in Fulton v. Philadelphia.ROBERTS, C. J., delivered the opinion of the Court, in which BREYER, SOTOMAYOR, KAGAN, KAVANAUGH, and BARRETT, JJ., joined. BARRETT, J., filed a concurring opinion, in which KAVANAUGH, J., joined, and in which BREYER, J., joined as to all but the first paragraph. ALITO, J., filed an opinion concurring in the judgment, in which THOMAS and GORSUCH, JJ., joined. GORSUCH, J., filed an opinion concurring in the judgment, in which THOMAS and ...
Tags: Supreme Court, Law, Court, Css, Adoption, Philadelphia, Smith, Thomas, Fulton, Adam Liptak, Alito, Barrett, Breyer, Elena Kagan, Kavanaugh, Catholic Social Services


UCLA finds link between poor air quality, COVID vulnerability

LOS ANGELES — Long-term exposure to poor air quality increased the risk of COVID-19 throughout the country last year, according to a UCLA-led research team. The researchers found that the use of preventative measures — like stay-at-home orders and masking — reduced the risk of COVID-19 by 8% and 15%, respectively, but did not reduce the increase of incidence in counties with historically poor air quality. “This is evidence that long-term exposure to poor air quality increased the risk of COVID-1...
Tags: News, California, Court, US, California News, Los Angeles, Sport, Soccer, United States, Ucla, LA County, UCLA Fielding School of Public Health, David Geffen School of Medicine, Jody Heymann, Heymann, Top Stories LADN


Supreme Court: An epic showdown over religion and LGBTQ rights ends in a whimper

The Court’s decision in Fulton v. City of Philadelphia punts most of the important issued raised by the case.
Tags: Supreme Court, Court, Philadelphia, Fulton v City


‘Obamacare’ survives: Supreme Court dismisses big challenge

By MARK SHERMAN WASHINGTON (AP) — The Supreme Court dismissed a major challenge to the Obama era health care law on Thursday, turning aside an effort by Republican-led states to throw out the law that provides insurance coverage for millions of Americans. The justices, by a 7-2 vote, left the entire law intact in ruling that Texas, other GOP-led states and two individuals had no right to bring their lawsuit in federal court. The Biden administration says 31 million people have health insurance b...
Tags: Politics, Texas, News, Supreme Court, Obamacare, Obama, Congress, Washington, Court, Sport, Joe Biden, Soccer, Gop, Healthcare, Mitch McConnell, Medicare


Supreme Court dismisses challenge to Obama era health law

By MARK SHERMAN WASHINGTON (AP) — The Supreme Court has dismissed a challenge to the Obama era health care law, preserving insurance coverage for millions of Americans. The justices, by a 7-2 vote, left the entire law intact Thursday in ruling that Texas, other Republican-led states and two individuals had no right to bring their lawsuit in federal court. The Biden administration says 31 million people have health insurance because of the law popularly known as “Obamacare.” The law’s major provi...
Tags: Politics, Texas, News, Supreme Court, Obamacare, Obama, Congress, Washington, Court, Sport, Joe Biden, Soccer, Healthcare, Mitch McConnell, Medicare, Associated Press


"Court tosses suit by Republican states challenging Affordable Care Act."

"The justices ruled 7-2 that Texas and 17 other states lacked standing to argue that the individual mandate to purchase health insurance is unconstitutional" — SCOTUSblog reports.  Here's the opinion. BREYER, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, SOTOMAYOR, KAGAN, KAVANAUGH, and BARRETT, JJ., joined. THOMAS, J., filed a concurring opinion. ALITO, J., filed a dissenting opinion, in which GORSUCH, J., joined.Looking at that, I'm most interested in why Justice...
Tags: Texas, Supreme Court, Law, Obamacare, Court, Standing, Thomas, Alito, Breyer, Clarence Thomas, Gorsuch, Ann Althouse, Thomas J, BARRETT JJ, SOTOMAYOR KAGAN KAVANAUGH


Court again leaves Affordable Care Act in place

This article was updated on June 17 at 5:16 p.m. In a much-anticipated decision, the Supreme Court on Thursday rejected another effort to dismantle the Affordable Care Act, the health care reform law often regarded as the signature legislative achievement of former President Barack Obama. The justices did not reach the main issue in the case: whether the entirety of the ACA was rendered unconstitutional when Congress eliminated the penalty for failing to obtain health insurance. Instead, by a v...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Court, Barack Obama, House Of Representatives, Biden, Ruth Bader Ginsburg, ACA, Medicaid, King, Irs, Trump


Reverse Mortgage Lender’s Motion to Dismiss DOJ Case Denied by Judge

A reverse mortgage lender’s motion to dismiss a case stemming from a complaint filed by the U.S. Department of Justice (DOJ) has been denied by the presiding judge, making way for a previously-determined trial date to continue on as planned. This is according to court documents obtained by RMD, and statements by the lender’s legal representation made to other reporting outlets. The dispute arises from a complaint filed by DOJ against reverse mortgage lender Nutter Home Loans (formerly known a...
Tags: Featured, Finance, Court, Joe Biden, Fca, Davis, Hud, Doj, Ben Carson, Cfo, The Company, FHA, Nutter, Lenders, Kang, MMI


Progressives call on Justice Stephen Breyer to retire amid McConnell's threats to block future Supreme Court nominees

Senate Minority Leader Mitch McConnell; Supreme Court Justice Stephen Breyer Bill Clark/CQ-Roll Call, Inc via Getty Images; J. Scott Applewhite/AP Photo Progressives are calling on Supreme Court Justice Stephen Breyer to retire. "For the good of the country, now is the time to step aside," an ad that ran in Politico read. The call comes after Sen. Mitch McConnell said he would block future nominees to the court. See more stories on Insider's business page. Progressives have mounted a p...
Tags: Politics, News, Supreme Court, Scotus, Republicans, Congress, Washington, Senate, White House, Court, Barack Obama, Trends, Conservative, Joe Biden, Cnn, Getty Images


Wednesday: What’s Hot on CanLII

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about. For this last week: 1. Working Families Ontario v. Ontario, 2021 ONSC 4076 (CanLII) [63] It is with the minimal impairment portion of the Oakes test that the rubber of Bill 254 hits the slippery road of justification, causing the EFA vehicle to skid off course. [64] The government’s own evidence demonstrates ...
Tags: Law, Court, Bill, Ross, Ontario, Donovan, Oakes, R, Coates, SCC, EFA, Daigneault, Wednesday: What's Hot on CanLII, SCR, Sherman Estate, Working Families Ontario


For a Business Owner: How This Is Likely to Play Out

Once you have decided or you have come to the realisation there is no prospect of reconciliation, it is usually best to start the process of negotiating parenting and financial arrangements sooner rather than later. In most cases, the longer the process drags out, the more difficult it becomes. Especially for a business owner. You need to focus on managing your business, keeping it going and profitable, and that is difficult whilst you are trying to negotiate with your former partner and even ha...
Tags: Travel, Business, Court, Separation, Family Dispute Resolution, Family Dispute


Court makes it easier for appellate courts to affirm federal felon-in-possession convictions after Rehaif

Federal felon-in-possession defendants who fail in the trial court to assert their rights under the Supreme Court’s 2019 decision in Rehaif v. United States face an “uphill climb” to get a new trial or plea proceeding, the court stated Monday in Greer v. United States and United States v. Gary. Justice Brett Kavanaugh wrote for a unanimous court affirming Greer and an 8-1 majority reversing Gary, stating that “if a defendant was in fact a felon, it will be difficult for him to carry the burden ...
Tags: Featured, Supreme Court, Law, Court, United States, Gary, Sonia Sotomayor, Greer, U S Court of Appeals, Sotomayor, Kavanaugh, 4th Circuit, Merits Cases, United States and United States, Brett Kavanaugh, Rehaif


CJEU ruling could open big tech to more privacy litigation in Europe

A long running privacy fight between Belgium’s data protection authority and Facebook — over the latter’s use of online trackers like pixels and social plug-ins to snoop on web users — has culminated in a ruling by Europe’s top court today that could have wider significance on how cross-border cases against tech giants are enforced in the region. The Court of Justice of the European Union has affirmed that, in certain circumstances, national DPAs can pursue action even when they are not the lead...
Tags: Google, Facebook, Europe, Privacy, Court, Tech, Eu, European Union, Policy, Ireland, Commission, Belgium, Luxembourg, Data Protection, University Of Oslo, DPA


Federal judge agrees to keep a controversial Mueller memo under wraps for now but skewers the DOJ's legal arguments in a new court filing

Former Special Prosecutor Robert Mueller arrives to testify before Congress on July 24, 2019, in Washington, DC. AFP/Saul Loeb via Getty Images US District Judge Amy Berman Jackson agreed to pause her order requiring the full release of a controversial Mueller memo. Berman initially ordered its release but the DOJ requested a stay while it appeals her ruling. Berman granted the stay but skewered the DOJ's legal reasoning in a Monday court filing. See more stories on Insider's busin...
Tags: Politics, News, Congress, Washington, Russia, Court, US, Trends, Washington Dc, Department Of Justice, Jackson, Donald Trump, Doj, Trump, Crew, Berman


Federal judge agrees to keep a controversial Mueller memo under wraps for now but skewers DOJ's legal arguments in a new court filing

Former Special Prosecutor Robert Mueller arrives to testify before Congress on July 24, 2019, in Washington, DC. AFP/Saul Loeb via Getty Images District Judge Amy Berman Jackson agreed to pause her order to release a controversial Mueller memo. Jackson initially ordered its release, but the DOJ requested a stay while it appeals her ruling. Jackson granted the stay but skewered the DOJ's legal reasoning in a Monday court filing. See more stories on Insider's business page. US Distri...
Tags: Politics, News, Congress, Washington, Russia, Court, US, Trends, Washington Dc, Department Of Justice, Jackson, Donald Trump, Doj, Trump, Mueller, Barr


United States: US Supreme Court Narrows Scope Of Computer Fraud And Abuse Act In Van Buren - Cooley LLP

On June 3, 2021, the US Supreme Court issued its decision in Van Buren v. United States in the Court's first-ever interpretation of the Computer Fraud and Abuse Act (CFAA)
Tags: News, Court, United States, US supreme court, Van Buren, US Supreme Court Narrows Scope Of Computer Fraud, Van Buren Cooley


The LA Times is Still Denying the Second Amendment

Careful, LA Times, your bias is showing. IMG NRA-ILA U.S.A. -(AmmoLand.com)- The Los Angeles Times editorial page is less a journalistic enterprise than it is a partisan grievance noticeboard. The editorial board’s descent into trivial activist messaging was on full display in a pair of recent pieces lamenting the federal judiciary’s recognition of the Second Amendment. In both, the editorial board denied the core rulings in the U.S. Supreme Court’s opinions in District of Columbia v. Heller a...
Tags: New York, Guns, Supreme Court, California, Court, Cnn, Chicago, Times, District Of Columbia, Los Angeles Times, Miller, Nra, Highland Park, Antonin Scalia, Benitez, U S Supreme Court


SCOTUS rules in Terry that lowest-level crack offenders cannot secure resentencing based on FIRST STEP Act retroactivity of Fair Sentencing Act

Continuing to make quick work of its criminal docket, the Supreme Court's second criminal ruling today comes in Terry v. US, No. 20– 5904 (S. Ct. June 14, 2021) (available here), and it serves to limit the offenders who can secure resentencing based on crack penalties being lowered by the Fair Sentencing Act and then made retroactive by the FIRST STEP Act. Here is how Justice Thomas's opinion for the Court in Terry gets started: In 1986, Congress established mandatory-minimum penalties for coca...
Tags: Supreme Court, Law, Congress, Court, US, Terry, Thomas, Sotomayor, Douglas A Berman


SCOTUS rules defendants must show plain error (and likely won't) when pressing Rehaif claims on appeal in felon-in-possession cases

The Supreme Court is busy clearing the criminal cases off its docket as the Term winds to a close; today first opinion is unanimously ruling in Greer v. US, No. 19–8709 (S. Ct. June 14, 2021) (available here), holding that "in felon-in-possession cases, a Rehaif error is not a basis for plain-error relief unless the defendant first makes a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not in fact know he was a felon."  Here is a bit mo...
Tags: Supreme Court, Law, Court, US, United States, Gary, District Court, Greer, Wilkinson, Sotomayor, Kavanaugh, Douglas A Berman, Rehaif, Dominguez Benitez


SCOTUS rules defendants must show plain error (and likely won't) when pressing Rehaif claims in felon-in-possession cases

The Supreme Court is busy clearing the criminal cases off its docket as the Term winds to a close, as today in ruled unanimously in Greer v. US, No. 19–8709 (S. Ct. June 14, 2021) (available here), that "in felon-in-possession cases, a Rehaif error is not a basis for plain-error relief unless the defendant first makes a sufficient argument or representation on appeal that he would have presented evidence at trial that he did not in fact know he was a felon."  Here is a bit more explanatory conte...
Tags: Supreme Court, Law, Court, US, United States, Gary, District Court, Greer, Wilkinson, Sotomayor, Kavanaugh, Douglas A Berman, Rehaif, Dominguez Benitez


Notwithstanding in Ontario, Yet Again

Nearly three years ago, I wrote here that the use of s. 33 in Ontario constituted “UnChartered waters.” Given the successful appeal in that case, the use of the clause ultimately wasn’t necessary. However, I was fortunate to appear as an intervener before the Court to note that the potential use of the notwithstanding clause would presumably appear in circumstances that were pressing and substantial, and asked the Court to carefully scrutinize any such rationale as a result. That decision is sti...
Tags: Law, Court, Vienna, Canada, United States, United Kingdom, House, States, Bill, Parliament, Quebec, Alberta, Ontario, Legislature, Ontario Superior Court of Justice, Charlottetown


More Perspectives About Van Buren v. US (Guest Blog Post)

by guest blogger Kieran McCarthy [Eric’s comment: this is a supplement to my more comprehensive post on Van Buren v. US] This was a critically important case with far-reaching policy implications across dozens of industries. 23 amici curiae were filed. Justice Barrett wrote a 20-page opinion, nearly half of which was dedicated to a textual analysis of the word “so.” While I don’t have the pedigree to comment on the theoretical drafting practices of the US Supreme Court, as a practitioner in thi...
Tags: Law, Congress, Court, US, US supreme court, Eric, Van Buren, Barrett, CFAA, Orin Kerr, Licensing/Contracts, Trespass to Chattels, Kieran McCarthy, US Guest Blog Post


Less travel, plenty of royalties for justices in 2020

The effects of the COVID-19 pandemic were reflected in an unusual source: the justices’ 2020 financial disclosures, which the Administrative Office of the U.S. Courts released (and Fix the Court posted online) on Friday. Unlike in previous years, the justices mostly stayed close to home, with only two justices reporting reimbursements for trips after the pandemic hit in mid-March. The financial disclosures, which are released every year around this time, are relatively opaque. For example, they...
Tags: Florida, New York, Featured, Supreme Court, Law, Colorado, Washington, New York City, Court, Indiana, University of Florida, Peter Pan, Princeton University Press, Penguin Random House, Caribbean, George Washington University