Posts filtered by tags: U.S. Supreme Court[x]


Supreme Court to hear arguments for food stamp data stemming from public records request

Argus Leader will be heard in the U.S. Supreme Court on Monday. Here's how a request for SNAP records turned into a 8-year-long endeavor.            [Author: Sioux Falls Argus Leader]
Tags: Sioux Falls Argus Leader

Environmental groups want ruling on coal ash water pollution

NASHVILLE, Tenn. (AP) — Two Tennessee environmental groups are asking the U.S. Supreme Court to weigh in on whether the federal Clean Water Act applies to pollution from a coal ash dump. The groups sued to force the Tennessee Valley Authority to clean up coal ash pits at its Gallatin Fossil Plant. Court documents showed […]
Tags: Nation

Thursday round-up

Amy Howe reports for this blog, in a post that first appeared at Howe on the Court, that yesterday a Louisiana abortion clinic filed a cert petition asking the Supreme Court to strike down a state law requiring abortion providers to have admitting privileges at nearby hospitals; the justices had put the law on hold in February, in June Medical Services v. Gee. At AP, Mark Sherman reports that “[i]f the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the...
Tags: Supreme Court, Law, California, Court, Ap, Cnn, United States, Davis, Louisiana, North Carolina, Law360, Courthouse News Service, Newton, Trump, Round-up, Mark Sherman

April 17 roundup

Estonia introduces artificial intelligence algorithms to adjudicate small claims disputes [Eric Niiler, Wired] “The Connecticut Ruling: Another Attempt to Blame the Gun for Gun Crime” [Joyce Lee Malcolm, Law and Liberty on 4-3 Connecticut Supreme Court ruling finding state consumer law not preempted by federal PLCAA (Protection of Lawful Commerce in Arms Act)] “But will the Supreme Court allow Connecticut to circumvent federal law?” [Scott Greenfield] Remington will seek certiorari review at U...
Tags: Maryland, Guns, Supreme Court, Law, Uncategorized, Pennsylvania, Connecticut, Judges, Estonia, Philadelphia Daily News, U S Supreme Court, Cato Institute, Brian Fitzpatrick, DAVE COLLINS, Connecticut Supreme Court, Opioids

Breyer finds hope, optimism in Notre Dame rebuilding effort

His main job is to sit on the U.S. Supreme Court, but Justice Stephen Breyer also chairs the jury of the Pritzker Prize — the world’s top honor in architecture. Like so many people across the globe, Breyer watched the catastrophic fire rip through the Notre Dame Cathedral on TV, in his chambers, an experience […]
Tags: News, Nation, Notre Dame, U S Supreme Court, Stephen Breyer, Breyer, Notre Dame Cathedral

Michigan AG: No abortion prosecutions if Roe is reversed

LANSING, Mich. (AP) — Michigan’s attorney general said Tuesday that she will not enforce a state abortion ban if the U.S. Supreme Court overturns the landmark Roe v. Wade ruling. Democrat Dana Nessel, speaking at a Planned Parenthood Advocates of Michigan conference, told the crowd of abortion rights supporters that it is “likely” the 1973 […]
Tags: News, Nation, Michigan, U S Supreme Court, LANSING Mich AP, Roe, Michigan AG, Dana Nessel

Lawmaker Introduces Anti-Abortion Bills Because Women Don't Have "Enough Babies"

A Republican lawmaker in Delaware has introduced two anti-abortion bills in his state because he believes abortion is contributing to the declining birth rate in the U.S. Rep. Richard Collins is the co-sponsor of HB52, which would ban abortion after 20 weeks, and HB53, which would require women to see an ultrasound before getting an abortion. Currently, Delaware bans abortion after 24 weeks."God is moving in strange and wonderful ways, folks," Rep. Collins said in an interview with Delaware rad...
Tags: Fashion, Music, Supreme Court, Dallas, Delaware, Collins, Bernie Sanders, Wade, U S Supreme Court, Roe, Guttmacher Institute, Richard Collins, WGMD, CDC Collins, Wade Elizabeth Nash

Argument preview: Must an unauthorized immigrant in possession of a firearm know he is in the country illegally?

When the federal government prosecutes someone not legally in the United States for possessing a firearm, must the government prove that the person actually knew he was not legally in the country? Or need the government merely prove that the person knew he possessed the firearm? The U.S. Supreme Court will puzzle over this classic, yet novel, statutory question of “mens rea,” or criminal intent, when it hears argument on April 23 in Rehaif v. United States. In August 2013, Hamid Mohamed Ahmed A...
Tags: Featured, Supreme Court, Law, Congress, Fbi, United States, United Arab Emirates, Melbourne, Armed Forces, U S Supreme Court, U S Court of Appeals, 11th Circuit, Florida Tech, Gorsuch, Melbourne Florida, Merits Cases

Alabama seeks new execution date for inmate spared by clock

MONTGOMERY, Ala. (AP) — Alabama on Monday sought a new execution date for an inmate spared last week when the clock struck midnight before a divided U.S. Supreme Court said his lethal injection could proceed. Justices on Friday lifted a stay that had blocked the execution of 46-year-old Christopher Lee Price, but the order came […]
Tags: News, Alabama, Ap, Nation, U S Supreme Court, Montgomery Ala, Christopher Lee Price

Jewels of Wisdom from Court Finding California Magazine Ban Unconstitutional

Jewels of Wisdom from Court Finding California Magazine Ban Unconstitutional U.S.A. –-( On 29 March, 2019, Judge Roger T. Benitez granted  a motion for summary judgement against California Attorney General Xavier Becerra in . California's Byzantine regulations and bans on firearms magazines of over 10 round capacity were ruled unconstitutional under the Second and Fourteenth Amendments of the United States Constitution. I have read the decision by Judge Benitez. It is well wort...
Tags: England, Guns, Supreme Court, Congress, California, Senate, Massachusetts, Ray Bradbury, Los Angeles, Department Of Defense, United States, Arizona, Department Of Justice, Berkeley, Miller, Trump

U.S. Supreme Court rejects Allergan bid to use tribe to shield drug patents

The U.S. Supreme Court on Monday cast aside pharmaceutical company Allergan Plc's unorthodox bid to shield patents from a federal administrative court's review by transferring them to a Native American tribe.
Tags: Money, businessNews, Allergan, U S Supreme Court, Allergan Plc

When Examiners Reopen Prosecution …

by Dennis Crouch Gilbert P. Hyatt v. Andrei Iancu (Supreme Court 2019) The following is a fairly typical pattern within the USPTO: After final rejection, applicant files a PTAB appeal notice and brief; Rather than pursue its side of the appeal, the Examiner withdraws the pending rejections — and then re-opens prosecution with a new set of rejections. Although few cases go through this more than one cycle.  Gilbert Hyatt has long been an exception — both in terms of how he treats the PTO and ho...
Tags: Law, Patent, Hyatt, U S Supreme Court, Allen, PTO, Examiner, Patent Trial and Appeal Board, Appeal Board, Gilbert Hyatt, Dennis Crouch Gilbert, Andrei Iancu Supreme Court, Board U S ex rel Steinmetz

Publicis Groupe to buy Epsilon. Plus, Nike’s homage to Tiger Woods: Monday Wake-Up Call

Welcome to Ad Age’s Wake-Up Call, our daily roundup of advertising, marketing, media and digital news. You can get an audio version of this briefing on your Alexa device. Search for "Ad Age" under "Skills" in the Alexa app. What people are talking about today The advertising world just cut one of its biggest-ever deals: France’s Publicis Groupe is buying U.S. data-marketing giant Epsilon from Alliance Data Systems for about $4.4 billion. Publicis, which owns agencies including Saatchi & Saatchi...
Tags: Amazon, Facebook, Hbo, France, Advertising, Disney, Nike, New York Times, Paris, Jack Nicklaus, Coca Cola, Publicis, Latin America, Cnet, Alexa, Woods

The Legal Challenge To Ohio’s New Heartbeat Abortion Law

Ohio’s new law that bans abortion after a fetal heartbeat is detected is supposed to go into effect in three months. But there’s a very good chance it won’t. There’s a legal challenge looming. The ACLU of Ohio’s Legal Director, Freda Levenson, says the new ban criminalizes almost all abortions in the state. “This is a very clear violation of women’s constitutional rights that have been established for close to fifty years under Roe vs. Wade which became the law of the land in 1973. Women have a ...
Tags: Aclu, Ohio, U S Supreme Court, Jo Ingles, Roe, Mike DeWine, Freda Levenson, Levenson

United States: U.S. Supreme Court: Disseminators Of False Statements With Intent To Defraud Can Be Held Liable Under Securities Exchange Act Rule 10b-5 - Akin Gump Strauss Hauer & Feld LLP

On March 27, 2019, the U.S. Supreme Court in Lorenzo v. Securities and Exchange Commission, No. 17-1077, issued a 6-2 decision holding that disseminating false
Tags: News, United States, Securities And Exchange Commission, U S Supreme Court, Lorenzo, Gump Strauss Hauer, Feld LLP

Friday round-up

For the Los Angeles Times, David Savage reports that “Wedding cakes and same-sex marriages are back before the Supreme Court, and this time the justices are being asked to rule broadly that the 1st Amendment’s protection of the ‘free exercise’ of religion shields conservative Christians from state civil rights laws.” At Rewire.News, Jessica Mason Pieklo writes that the petitioners in Klein v. Oregon Bureau of Labor and Industries, which stems from two bakery owners’ refusal on religious grounds ...
Tags: Supreme Court, Law, Washington, United States, Ruth Bader Ginsburg, Border Patrol, Trump, Round-up, U S Supreme Court, John Roberts, Roberts, Robertson, Swartz, Rodriguez, Elena Kagan, Nogales

Via 5-4 vote, SCOTUS reverses lower court stay of Alabama execution ... but does so too late for Alabama to carry out execution

As reported in this local article from Alabama, headlined "Execution called off for Christopher Price; SCOTUS decision allowing it came too late," five members of the Supreme Court tried again to enable a state to go forward with a scheduled execution, but its decision was later than it needed to be to allow the execution to go forward last night.  Here is the story: Christopher Price was set to be executed at 6 p.m. Thursday for the 1991 killing of a minister in Fayette County, but the executi...
Tags: Supreme Court, Law, Office, Court, Alabama, Tennessee, Price, U S Supreme Court, Court of Appeals, Lynn, DuBose, Bazemore, AG, U S 11th Circuit Court of Appeals, Stephen Breyer, Breyer

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

United States: White Collar Roundup - April 2019 - Day Pitney LLP

The U.S. Securities and Exchange Commission (SEC) got good news from the U.S. Supreme Court in Lorenzo v. SEC. The focus of the case was the scope of SEC Rule 10b-5, which broadly prohibits
Tags: News, United States, SEC, U S Supreme Court, Lorenzo, U S Securities and Exchange Commission SEC, Pitney LLP

Ohio Governor Signs Severely Anti-Abortion Fetal Heartbeat Bill Into Law

COLUMBUS, Ohio (AP) — A bill imposing one of the most stringent abortion restrictions in the nation was signed into law in Ohio. Republican Gov. Mike DeWine signed the heartbeat bill Thursday, breaking with his predecessor, Republican John Kasich, who had vetoed the measure twice. Ohio’s closely divided politics had slowed the progress of the bill as it has caught momentum elsewhere, forcing years of debate in the state where the bill originated. “Victory!” exclaimed Faith2Action, the Ohio-based...
Tags: News, Senate, Ap, House, Abortion, Ohio, Roe V Wade, Cleveland, Trump, John Kasich, Wade, U S Supreme Court, Ohio House, Legislature, COLUMBUS Ohio, Mike DeWine

Ohio Governor Expected To Sign Bill Banning Abortion Once A Fetal Heartbeat Is Detected

Ohio could soon become the third state this year to enact a ban on abortion once a fetal heartbeat is detected, which typically happens at around six weeks of gestation — a point in which many women don't even know they're pregnant.Senate Bill 23 passed in the Ohio House of Representatives Wednesday and has been sent to the desk of Republican Gov. Mike DeWine. Versions of this legislation, which are commonly known as "heartbeat bills," were vetoed twice before by then-Gov. John Kasich, most rec...
Tags: Fashion, Music, Supreme Court, Kentucky, Ohio, John Kasich, U S Supreme Court, Kasich, Roe, Mike DeWine, Casey, Guttmacher Institute, Ohio House of Representatives, DeWine, Elizabeth Nash, Georgia Louisiana

Ohio Governor Signs Bill Banning Abortion Once A Fetal Heartbeat Is Detected

Ohio just became the third state this year to enact a ban on abortion once a fetal heartbeat is detected, which typically happens at around six weeks of gestation — a point in which many women don't even know they're pregnant.Republican Gov. Mike DeWine signed Senate Bill 23 into law Thursday, just one day after it passed in the Ohio House of Representatives. Versions of this legislation, which are commonly known as "heartbeat bills," were vetoed twice before by former Gov. John Kasich, most re...
Tags: Fashion, Music, Supreme Court, Kentucky, Ohio, John Kasich, U S Supreme Court, Kasich, Roe, Mike DeWine, Casey, Senate Bill, Guttmacher Institute, Ohio House of Representatives, DeWine, Elizabeth Nash

Washington Gun Rights Activists Prep for April 27, 2019, Rally

Opinion More than 2,500 gun owners turned out for the 2018 March For Our Rights in Olympia, Washington. They'll be back on April 27. (Dave Workman) Washington  – -( Evergreen State gun owners and Second Amendment activists are planning a big April 27 rally on the Capitol steps in Olympia that is shaping up to be bigger than a gathering there in 2018 that drew a crowd of some 2,500. It’s the second annual “March For Our Rights” and the lineup of scheduled speakers include local ...
Tags: Guns, Washington Post, Washington, Oregon, Senate, Salem, Republican, Washington State, Seattle, Cleveland, Tacoma, Northwest, City Hall, Nra, Olympia, U S Supreme Court

Thursday round-up

In an op-ed for the Los Angeles Times, Brianna Cea and Thomas Wolf weigh in on Department of Commerce v. New York, a challenge to the Trump administration’s decision to add a question about citizenship to the 2020 census, arguing that, contrary to the administration’s assertion, “[n]ever in the census’ 230-year history has the decennial questionnaire asked for the citizenship status of everyone in the country.” In the latest episode of Bloomberg Law’s Cases and Controversies podcast, “Kimberly R...
Tags: New York, Supreme Court, Law, Washington Post, Wall Street, Alabama, Los Angeles, DOE, Trump, Round-up, U S Supreme Court, Cato, Cato Institute, Hugh Hewitt, Andrew Cohen, Department of Commerce

United States: U.S. Supreme Court Issues Pair Of Decisions Upholding Use Of Arbitration By Employers - BakerHostetler

In January of this year, the Supreme Court issued a pair of decisions addressing additional issues related to the use of arbitration.
Tags: News, Supreme Court, United States, U S Supreme Court

United States: Federal Court Dismisses Independent Contractor Misclassification Suit In Favor Of Arbitration - Holland & Knight

In a prior article following the U.S. Supreme Court's decision in New Prime Inc. v. Oliveira, we noted that there is likely to be future litigation concerning who qualifies as an "interstate"
Tags: News, United States, U S Supreme Court, Oliveira, New Prime Inc

United States: Supreme Court Expands Scope Of Liability For Securities Fraud - Ropes & Gray LLP

On March 27, 2019, the U.S. Supreme Court issued a 6-2 decision in Lorenzo v. SEC holding that an individual who is not a "maker" of a misstatement under Janus v. First Derivative Traders,
Tags: News, United States, SEC, U S Supreme Court, Lorenzo, Janus, Gray LLP

Texas Lawmakers Advance Bill That Could Make Abortions Punishable By Death

A total abortion ban criminalizing the procedure and classifying it as a homicide cleared a committee Tuesday and will now be debated at the Texas House of Representatives. If House Bill 896 becomes law, abortion could carry penalties ranging from a state jail felony to a capital felony, and patients who seek the procedure could in theory be punished with the death penalty.The legislation, also known as the Abolition of Abortion Act, was introduced by Republican state Rep. Tony Tinderholt. The ...
Tags: Fashion, Music, Texas, Supreme Court, Planned Parenthood, Ohio, U S Supreme Court, Roe, Casey, Guttmacher Institute, Alabama Oklahoma, House Bill, Elizabeth Nash, Texas House of Representatives If House, Wade Texas

United States: Appropriate Time Limit To Bring A Qui Tam Case? U.S. Supreme Court To Weigh In - Motley Rice LLC

The U.S. Supreme Court is expected this term to resolve conflicting opinions in False Claims Act whistleblower litigation regarding whether an extended statute of limitations should apply to cases in which the government
Tags: News, United States, U S Supreme Court, U S Supreme Court To Weigh In Motley Rice LLC

Does a “Blocking Patent” also Block Objective Indicia of Nonobviousness

by Dennis Crouch Acorda Therapeutics, Inc., v.  Roxane Laboratories, Inc. (Supreme Court 2019) Obviousness is the core doctrine of patentability and primary focus of both patent examination and post issuances PTAB challenges.  In this case, Acorda has asked the U.S. Supreme Court to spend some time on this important doctrine — and particularly consider the role of objective indicia of nonobviousness such as “commercial success, long felt but unsolved needs, [and] failure of others.” Quoting Deer...
Tags: Law, Congress, Court, US, Merck, Ap, Graham, Fda, Patent, Fed, U S Supreme Court, Newman, Acorda Therapeutics Inc, Microsoft Corp, Elan, Merck Co