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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

Tens of Thousands in Dark After Blackout Hits USVI

The U.S. Virgin Islands' power company is reporting a complete blackout in St. John and St. Thomas, which is the U.S. territory’s most populated island.
Tags: John, Thomas, Virgin Islands, USVI

Arbitration and the Death of the Common Law

A couple of years ago, in the Before Times, I chaired a panel discussion on the arbitration of family law disputes at a wonderful program hosted by the Legal Education Society of Alberta in Lake Louise. The purposes of the panel were, firstly, to encourage a critical and creative approach to the design of arbitration processes and, secondly, to promote the arbitration of family law disputes in those parts of the province where it has yet to achieve the profile it rightly enjoys in Calgary. The p...
Tags: England, Supreme Court, Law, Wales, Gold, Canada, Calgary, Columbia, Thomas, Gordon, Contino, Supreme Court of Canada, Thomas of Cwmgiedd, Justice Issues, Goertz, Rollie

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

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

"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

Court holds that city’s refusal to make referrals to faith-based agency violates Constitution

This article was updated on June 17 at 6:52 p.m. In a clash between religious freedom and public policies that protect LGBTQ people, the Supreme Court ruled Thursday that Philadelphia violated the First Amendment’s free exercise clause when the city stopped working with a Catholic organization that refused to certify same-sex couples as potential foster parents. The ruling was a victory for Catholic Social Services, an organization associated with the Archdiocese of Philadelphia, and two foster...
Tags: Featured, Supreme Court, Law, Css, Philadelphia, Catholic, Smith, Thomas, Department of Human Services, John Roberts, Roberts, Howe, Alito, Barrett, Breyer, Samuel Alito

Justices scuttle lawsuit against Nestlé, Cargill for allegedly aiding child slavery abroad

This article was updated on June 17 at 7:15 p.m. The Supreme Court on Thursday threw out a lawsuit alleging that two U.S.-based companies, Nestle and Cargill, facilitated human-rights abuses on cocoa plantations in the Ivory Coast. By a vote of 8-1, the justices ruled that the lawsuit cannot go forward because it is based on conduct that occurred overseas. Although the decision was obviously a victory for the two companies, it was not the sweeping one that the business community had sought. The...
Tags: Featured, Supreme Court, Law, Congress, California, United States, Mali, Ivory Coast, Cargill, Nestle, Thomas, John Roberts, 9th Circuit, The Supreme Court, Howe, Alito

The Supreme Court turns away 6 plaintiffs who seek relief after they were used, they say, as child slaves producing cocoa in the Côte d’Ivoire.

The opinion — in Nestlé v. Doe — is written by Justice Thomas, announcing the judgment of the Supreme Court and rejecting "a judicially created cause of action to recover damages from American corporations that allegedly aided and abetted slavery abroad."In Parts I and II of the case, where Thomas has a majority — Roberts, Breyer, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett (all but Alito) — he writes: Respondents seek a judicially created cause of action to sue petitioners for aiding and ...
Tags: Supreme Court, Law, United States, Slavery, Chocolate, DOE, Nestle, Thomas, Alito, Barrett, Clarence Thomas, Ann Althouse, Roberts Breyer Sotomayor Kagan Gorsuch Kavanaugh

"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

From Houston to Upstate New York, here are 7 US destinations to visit to learn about Black history

If you buy through our links, we may earn money from affiliate partners. Learn more. Visit Baltimore One of the first steps to combating racial injustice is learning and understanding Black history. We're highlighting great US destinations to learn about the contributions of Black Americans. From museums and cultural sites to Black-owned hotels, here's what to see and where to stay. Table of Contents: Masthead Sticky President Abraham Lincoln issued the Emancipation Proclamatio...
Tags: New York, Texas, Mississippi, Washington, Virginia, Massachusetts, New York City, Africa, US, Trends, United States, Washington Dc, New York Times, British Army, Smithsonian, Dallas

Justices reject sentencing reductions for some crack-cocaine offenders

The Supreme Court unanimously ruled on Monday that people convicted of certain low-level crack-cocaine offenses are not eligible for sentencing reductions under the First Step Act, a 2018 law that made some criminal-justice reforms retroactive. Justice Clarence Thomas wrote the opinion for the court in Terry v. United States. In 2008, Tarahrick Terry was arrested in Florida for carrying just under 4 grams of crack cocaine. At the time, federal law treated offenses involving crack much more hars...
Tags: Florida, Featured, Supreme Court, Law, Congress, United States, Terry, Thomas, Sonia Sotomayor, Sotomayor, Clarence Thomas, Merits Cases, Fortunately Congress

Meghan Markle's estranged father alleges Oprah Winfrey is profiting off her and 'weakened' Prince Harry

Meghan Markle’s estranged father, Thomas, is speaking out against Oprah Winfrey, who he believes is taking advantage of his daughter and...
Tags: Prince Harry, Oprah Winfrey, Thomas, MEGHAN MARKLE

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

On the Smugglers’ Radar: June 2021

“On The Smugglers’ Radar” is a feature for books that have caught our eye: books we have heard of via other readers, directly from publishers, and/or from our regular incursions from various corners of the interwebs. Because we want far more books than we can possibly buy or review (what else is new?), we are revamping the Smugglers’ Radar into a monthly (mostly) SFF-focused feature – so YOU can tell us which books you have on your radar as well! As of last month, all of our monthly picks can...
Tags: Books, India, Earth, Brooklyn, United States, New York Times, Npr, Jordan, Artemis, Rainier, Thomas, Kodiak, Coast Guard, Sparta, Scott Fitzgerald, Megan

Meghan Markle's Dad Thomas Says Oprah Took Advantage of Prince Harry

Thomas Markle says he and Prince Charles have one thing in common ... they've both been ghosted by Meghan and Harry ... but his harshest...
Tags: Harry, Charles, Thomas, Meghan, MEGHAN MARKLE, Thomas Markle, Oprah Took Advantage of Prince Harry

Euro 2020: split loyalties as UK bars put up the bunting for Croatian fans

Despite Covid restrictions, pubs are getting ready for supporters to see their team take on EnglandEd Thomas has never shown the European Championships in his bar, but this time he’s hung up the bunting and will watch his team play their first Euro 2020 opening match with muted glee.But who to support in today’s England v Croatia game, a “rematch” of the 2018 World Cup semi-final? For Thomas is half-Croatian and half-English. Continue reading...
Tags: Europe, UK, England, Football, Sport, UK News, Croatia, European Championship, Thomas, Euro 2020

New Jersey accountants are advising clients to move out of the state to escape its high taxes and living costs

New Jersey Gov. Phil Murphy in 2019. Lucas Jackson / Reuters NJ accountants are advising clients to leave the state over high living costs, a survey shows. The NJ Society of Certified Public Accountants said businesses were also concerned about high taxes. People have fled high-tax states like New York, New Jersey, and California during the pandemic. See more stories on Insider's business page. Accountants in New Jersey are advising clients to leave the state because of its high living...
Tags: Florida, New York, California, US, Trends, New Jersey, Biden, Cnbc, Thomas, Foundation, Northeast, Tax Foundation, New York New Jersey, Phil Murphy, Ralph Thomas, Grace Dean

'The 80s song that brought my memory back after 10 years'

A car crash erased Thomas's memory - 10 years later, a 1980s pop song triggered six flashbacks.
Tags: UK, News, Thomas

Six flashbacks that unlocked a man's memory, and the 80s song that helped

A car crash erased Thomas's memory - 10 years later, a 1980s pop song triggered six flashbacks.
Tags: News, Thomas

'The 80s song that brought my lost memory back after 10 years'

A car crash erased Thomas's memory - 10 years later, a 1980s pop song triggered six flashbacks.
Tags: UK, News, Thomas

Knoxville Police Create Unit to Try to Stop Shooting Deaths

KNOXVILLE, Tenn. (AP) — Knoxville Police Chief Eve Thomas gets a phone call every time someone is shot to death in the city. She’s received 22 of those calls this year. Four came the week of May 17.
Tags: Thomas, Knoxville, Tenn AP, Knoxville Police Create Unit

Mattel theme park coming to Arizona, complete with with Hot Wheels roller coaster

A Mattel-branded theme park with Hot Wheels and Thomas the Tank Engine attractions is planned alongside Crystal Lagoons water park in metro Phoenix.       [Author: Arizona Republic]
Tags: News, Arizona, Phoenix, Thomas, Mattel, Arizona Republic

Court limits definition of “violent felony” in federal gun-possession penalty

A fractured Supreme Court on Thursday narrowed the scope of a key phrase in the Armed Career Criminal Act, ruling that crimes involving recklessness do not count as “violent felonies” for the purpose of triggering a key sentencing enhancement. Justice Elena Kagan announced the judgment of the court and wrote an opinion that was joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch. Justice Clarence Thomas did not join Kagan’s opinion but concurred in the result. That means that fi...
Tags: Featured, Supreme Court, Law, Congress, Court, United States, Tennessee, Johnson, Thomas, Borden, U S Court of Appeals, Elena Kagan, Kagan, Clarence Thomas, Kavanaugh, United States the Supreme Court

Some early coverage of big new SCOTUS ruling limiting ACCA in Borden

A busy day on other matters means I have only had a chance to skim Borden v. US, No. 19–5410 (S. Ct. June 10, 2021) (available here), the big win for the defendant today in an ruling limiting the reach of the Armed Career Criminal Act.  I hope in the coming days to have a lot to say about Borden ruling itself and its possible aftermath, but for now I can and will round up some early press and blog coverage: From Bloomberg Law, "Divided High Court Sides With Defense on Repeat-Offender Law" From C...
Tags: Law, US, Bloomberg, Thomas, Borden, Kagan, Kavanaugh, ACCA, Douglas A Berman, Hill Gorsuch Thomas, New York Times Supreme Court Limits Sweep of Law

In 5-4 decision, SCOTUS limits reach of ACCA mandatory minimum "violent felony" predicates by holding a "reckless offense cannot so qualify"

The last big SCOTUS sentencing ruling of this Term that I have been eagerly awaiting was (yet another) one concerning application of the Armed Career Criminal Act.  Today the wait was over, as this morning the Court handed down it opinion in Borden v. US, No. 19–5410 (S. Ct. June 10, 2021) (available here).  And it is a big win for the defendant with Justice Kagan authoring the key opinion for four Justices (with Justices Breyer, Sotomayor and Gorsuch joining), which starts this way: The Armed C...
Tags: Law, Congress, Court, US, United States, Arizona, Johnson, Thomas, Scalia, Borden, Kagan, Kavanaugh, ACCA, Gorsuch, Douglas A Berman, Breyer Sotomayor

British Publisher Guardian Media Group CEO Annette Thomas Resigns After a Year

Guardian Media Group CEO Annette Thomas will step down after a year in the role, the British publisher said today. Thomas, who joined in March 2020, will leave at the end of June. Keith Underwood, chief financial and operating officer, will act as the interim chief executive officer. Thomas had previously served as the chief...
Tags: Advertising, Guardian Media Group, Thomas, Leadership & Talent, Keith Underwood, British Publisher Guardian Media Group, Annette Thomas

Do We Even Need the Computer Fraud & Abuse Act (CFAA)?–Van Buren v. US

Last week, the Supreme Court decided Van Buren v. US. Many hoped the decision would clarify how owners can delimit third-party usage of their computer resources for purposes of the Computer Fraud & Abuse Act (CFAA). Disappointingly, the court explicitly punted on that key question, though the decision probably will prompt lower courts to narrow the CFAA’s scope anyway. To me, the case’s real story is how much the CFAA unhelpfully overlaps with other legal doctrines. Rather than tendentious parsi...
Tags: Facebook, Supreme Court, Law, US, Aaron Swartz, Doj, ECPA, Thomas, Van Buren, Barrett, Nosal, CFAA, Licensing/Contracts, DTSA, Trespass to Chattels, Power Ventures

St. Thomas Hires Joel Johnson as Women’s Head Hockey Coach

Two months after hiring Rico Blasi to lead their Division I men’s hockey program, the University of St. Thomas made an equally big splash on the women’s side on Monday, when they announced University of Minnesota assistant coach and interim USA women’s national team coach Joel Johnson as the first head coach in the school’s D-1 history. Johnson has spent 16 seasons as an assistant coach with the University of Minnesota women’s program, winning six national titles and making 11 trips to...
Tags: Usa, Minnesota, Sport, Hockey, Johnson, Thomas, St Thomas, USA Hockey, University of Minnesota, IIHF, University of St Thomas, Chris Dilks, Joel Johnson, Bob Corkum, Rico Blasi, Frozen Four Johnson