Recently in Cases to Watch Category

Dobbs v. Jackson Women's Health Organization - SCOTUSblog

| No Comments


***

Dobbs v. Jackson Women's Health Organization

Docket No.Op. BelowArgumentOpinionVoteAuthorTerm
19-13925th Cir. Dec 1, 2021Jun 24, 20226-3AlitoOT 2021

Holding: The Constitution does not confer a right to abortion; Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey are overruled; the authority to regulate abortion is returned to the people and their elected representatives.

JudgmentReversed and remanded, 6-3, in an opinion by Justice Alito on June 24, 2022. Justices Thomas and Kavanaugh filed concurring opinions. Chief Justice Roberts filed an opinion concurring in the judgment. Justices Breyer, Sotomayor, and Kagan filed a dissenting opinion.

***

Read much more...



New York, Northeast leaders react to Supreme Court gun ruling | WAMC

| No Comments
WAMC Northeast Public Radio | By Karen Dewitt

***

Democratic Governor Kathy Hochul, speaking moments after the ruling, called it deeply disturbing, and says it puts the safety of "millions of New Yorkers" at risk.

"This decision isn't just reckless, it's reprehensible," Hochul said. "It's not what New Yorkers want. And we should have the right of determination of what we want to do in terms of our gun laws in our state. If the federal government will not have sweeping laws to protect us, then our states and our governors have a moral responsibility to do what we can and have laws that protect our citizens."

A recent poll found that three-quarters of New Yorkers wanted the Supreme Court to uphold the law, including the majority of gun owners.


***
BY JOHN KRUZEL 

***

The Supreme Court on Thursday struck down a New York state law that made it difficult to obtain a permit to carry a handgun outside the home, marking the justices' first major opinion on Second Amendment rights in more than a decade.

The 6-3 decision to invalidate New York's law will almost certainly render unconstitutional similar restrictions in more than a half dozen other states that give licensing officials wide discretion over concealed carry permitting.

***

Read more...




***

Well, the Establishment Clause had a good run.

This morning, the Supreme Court stretched the Free Exercise Clause to swallow the Establishment Clause altogether in Carson v. Makin. Before today, the Court already hamstrung the Establishment Clause by ruling that government programs that funnel funds to religious entities don't necessarily violate the First Amendment, if citizens simply had the choice of sending those funds to religious institutions. Now, for the first time, the Court ruled that government programs must send money to organized religion if a citizen wants to.

You know, that deeply held religious tenet to... have your neighbors pay for your kid to go to religious school.

***

Read more...

AP By MICHAEL HILL

***

"Because the writ of habeas corpus is intended to protect the liberty right of human beings to be free of unlawful confinement, it has no applicability to Happy, a nonhuman animal who is not a 'person' subjected to illegal detention," the decision said. "Thus, while no one disputes that elephants are intelligent beings deserving of proper care and compassion, the courts below properly granted the motion to dismiss the petition for a writ of habeas corpus, and we therefore affirm."

***
By Andy Rose, CNN

***

Idaho police officers arrested 31 people Saturday who are believed to be affiliated with the White nationalist group Patriot Front, after they were seen gathering near a Pride parade in the city of Coeur d'Alene, authorities said.

"It is clear to us based on the gear that the individuals had with them, the stuff they had in their possession, the U-Haul with them along with paperwork that was seized from them, that they came to riot downtown," Coeur d'Alene Police Chief Lee White said during a news conference.
The FBI is assisting local police in its investigation, according to FBI Public Affairs Specialist Sandra Yi Barker. Barker said Coeur d'Alene police are the lead law enforcement agency investigating the situation.
***


Robert Hubbell

***

   The DOJ filed an amended ("superseding") indictment against the leaders of the Proud Boys alleging "seditious conspiracy." The superseding indictment is here: US v. Nordean, et al. Read pages 8 through 23 to see the minute-by-minute description of the "acts in furtherance of a conspiracy" to interfere with the count of electoral ballots on January 6, 2021. Seditious conspiracy cases are notoriously difficult to prove, but the detail in the superseding indictment suggests that the DOJ has the evidence necessary to convict the defendants.

***
 Thomas Claburn in San Francisco                

***

The US Supreme Court on Tuesday reinstated the suspension of Texas' social-media law HB 20 while litigation to have the legislation declared unconstitutional continues.

The law, signed in September by Texas Governor Greg Abbott (R), and promptly opposed, forbids large social media companies from moderating lawful content based on a "viewpoint," such as "smoking cures cancer" or "vaccines are poison" or hateful theories of racial superiority. Its ostensible purpose is to prevent internet giants from discriminating against conservative social media posts, something that studies indicate is not happening.

Those fighting the law - industry groups and advocacy organizations - say the rules would require large social media services such as Facebook and Twitter to distribute "lawful but awful" content - hate speech, misinformation, and other dubious material. They argue companies have a First Amendment right to exercise editorial discretion for the content distributed on their platforms.

***

Read more...




***

A New York federal judge Wednesday upheld a New York law that allows victims of gun violence to sue the gun industry.

The National Shooting Sports Foundation and gun manufacturers, like Smith & Wesson and Sturm, Ruger & Co. brought the case because they claimed the state law violated the US Constitution. They also argue that the law preempts the Protection of Lawful Commerce in Arms Act (PLCAA), which protects gun manufacturers and dealers from being held liable in gun violence crimes committed with their products. 

In the decision written by US District Judge Mae D'Agostino, the court held that the New York law did not preempt D'Agostino also dismissed the claims that the New York law violated the Constitution's Commerce Clause because it regulated interstate commerce and discriminated against in-state competitors, as well as regulating commerce outside of the state.

The ruling was released in the wake of this week's Texas shooting.


***

BY 


***

On Monday, the Supreme Court released an opinion that will cause profound suffering and perhaps even death as people are denied their constitutional rights. No, the court did not release the final version of the opinion in Dobbs v. Jackson Women's Health Organization, the case in which a leaked draft revealed that the court is poised to overrule Roe v. Wade and Planned Parenthood v. Casey, which recognize the right to end a pregnancy through an abortion. Instead, the decision today is a little-known habeas decision, Shinn v. Martinez Ramirez, involving two men in Arizona who have been condemned to death row. The consequences of Martinez Ramirez will also be disastrous for anyone relying on their constitutional right to effective counsel. And, like the Dobbs leak, today's decision also makes clear that the court's conservative supermajority is hellbent on smashing and grabbing precedent and constitutional rights no matter the consequences.

***

Martinez Ramirez held that there is nothing a federal court can do when a defendant received ineffective assistance at their trial in violation of the Sixth Amendment and was then appointed an ineffective attorney during post-conviction proceedings who did not present evidence to support the claim that the defendant received ineffective assistance at trial. Specifically, the court held that the federal statute governing post-conviction review, the Antiterrorism and Effective Death Penalty Act, prohibits the federal court from considering evidence that the ineffective post-conviction lawyer failed to uncover. As it did in the case of Jones, this evidence may indicate that the defendant is innocent of the crime for which he was sentenced to death.

***
Sarah TaddeoChris McKennaDavid McKay Wilson

***

New York's final congressional and Senate redistricting maps were released in Saturday's early hours, bringing the controversial process to a close and throwing the Democrats' bid for widespread congressional wins into uncertainty. 

The process in New York and other states has been under a microscope as Democrats seek to maintain their razor-thin margin in the U.S. House in a year when Republicans are expected to win big across the country. 

New York's Court of Appeals struck down New York's Legislature-drawn maps last month, saying they amounted to a partisan gerrymander in favor of Democrats, and that lawmakers didn't follow a predetermined independent redistricting process that voters greenlit in 2014.


Read more...


Legal advocates sue US over Iranian-born scholar's treatment | AP News

| No Comments
By MARK PRATT

***

BOSTON (AP) -- A Canadian diabetes researcher scheduled to start a two-year fellowship at Harvard Medical School was wrongfully denied entry to the U.S. and discriminated against based on her Iranian heritage, according to legal filings.

Harvard Law School's Immigration and Refugee Clinical Program said Tuesday that it has filed a lawsuit against the federal government as well as a complaint with the Department of Homeland Security's civil rights office on behalf of the researcher, identified in court papers as Maryam Shamloo.

The civil rights complaint alleges that Customs and Border Protection officers denied Shamloo and her husband entry to the U.S. based on their Iranian birth and violated procedures by demanding DNA samples. They and their two children are Canadian citizens.

The lawsuit asks the federal government to issue Shamloo a visa as soon as possible so she can begin the fellowship by June 6, more than a year after it was supposed to start.


***


Read more...




***

CRYPTOCURRENCIES HAVE LONG been seen as the Wild West of money transfers, but few online payment and money transfer platforms have been as blatant in appealing for illicit cash as one highlighted but not named in a memorandum opinion unsealed on May 13 in the US District Court in Washington, DC. The platform is apparently based in a "comprehensively sanctioned country"--likely North Korea, according to those within the crypto law space--and advertised its services as evading US financial sanctions. It was built using a US front company that facilitated the purchase of domain names, according to court records.

The platform, which was designed to sidestep financial bans aimed at crippling pariah countries, handled more than $10 million worth of bitcoin that was transferred between the United States and the sanctioned country using a US-based crypto exchange, which, the opinion implies, was not aware that it was helping users avoid sanctions.

The opinion, written by Magistrate Judge Zia Faruqui, was likely unsealed because someone has been arrested for operating the crypto platform. It all marks a shift in the way US law enforcement--and the law--handles cryptocurrencies.


***

Proposed New York maps create House battleground | The Hill

| No Comments
BY REID WILSON 

***

A special master tasked with redrawing New York's congressional district lines released a proposed draft Monday that would make the Empire State an epicenter for the national fight to control the U.S. House of Representatives. The proposal, offered by Carnegie Mellon political scientist Jonathan Cervas, would create 15 districts that favor Democratic candidates and five that favor Republicans, according to data posted on the nonpartisan Dave's Redistricting App.

***

Cervas's proposal is not yet final, and New Yorkers have until Wednesday to offer comment on his draft. The special master faces a Friday deadline to turn in his work; New York's congressional primaries are scheduled for Aug. 23.

***

Alito Calls Decision Expanding LGBTQ Rights 'Indefensible'--TPM

| No Comments


***

Justice Samuel Alito is evidentially toting around an old grudge. 

At a Thursday night event at the Antonin Scalia Law School at George Mason University, he had harsh words for the two conservative justices who joined the majority in Bostock v. Clayton County

The 2020 opinion said that the Civil Rights Act of 1964, which prohibits sex-based discrimination, extends to gay and transgender workers. Justice Neil Gorsuch wrote the majority opinion, in which he was joined by the liberals and Chief Justice John Roberts. 

Speaking via a video feed Thursday, Alito called Gorsuch a "colleague and friend," but said that grounding the decision in the text of the 1964 law was "in my view indefensible," according to the Washington Post.

***

Read more...


By 

***

Alabama's law is the first in the country to actually take effect. The Alabama Vulnerable Child Compassion and Protection Act makes it a felony to provide puberty blockers, hormones and surgeries for the purpose of helping transgender minors, people under 19, transition to the gender they identify with. Violators of the law would face a penalty of up to 10 years in prison.

***

Josephine Wenson | U. Pittsburgh School of Law, US

***

A press conference was held Wednesday to announce a constitutional challenge against the redistricting of the New York State Assembly's electoral districts. Gary Greenberg and his legal counsel, Jim Walden of Walden Macht & Haran, filed a lawsuit against Governor Kathy Hochul and legislative officials alleging that State Assembly maps were gerrymandered "to protect Democratic incumbents."

On April 27 the New York Court of Appeals held that the Congressional and Senate maps adopted by the New York Legislature were procedurally unconstitutional. However, according to a memorandum filed with the Court by Greenberg, the Legislature used the same unconstitutional procedure to adopt the current State Assembly map, rendering it equally invalid. Nonetheless, the Court of Appeals was compelled to refrain from granting relief as to the Assembly map because the current petitioners did not seek such relief in their petition. Therefore, Greenberg is making such a challenge in his motion.


***
BY CHRIS MILLS RODRIGO 

***

Concerns that data gathered from peoples' interactions with their digital devices could potentially be used to identify individuals seeking or performing abortions have come into the spotlight with the news that pregnancy termination services could soon be severely restricted or banned in much of the United States.

***

This is not a theoretical threat -- prosecutors have already used phone data to establish intent to terminate a pregnancy.

In a 2017 case in Mississippi, Latice Fisher was charged with second degree murder after showing up to a hospital after having lost her pregnancy. An investigation was launched based on suspicions tied to her failing to return for an ultrasound after admitting to being pregnant during a check up. Prosecutors used searches for the medical abortion pill misoprostol on her phone, which she turned over voluntarily, as evidence in their argument that she had "intentionally" terminated her pregnancy.

***

Read more...


By JOSH GERSTEIN and ALEXANDER WARD

***

The Supreme Court has voted to strike down the landmark Roe v. Wadedecision, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO.

***

Greg Abbott Is Considering Declaring Texas Under 'Invasion'--VICE

| No Comments
By Greg Walters

***

Texas Gov. Greg Abbott is openly musing about declaring Texas under "invasion" in what would be a radical, legally dubious attempt to address the state's migrant crisis.  

The plan would involve invoking war powers and allowing state police to begin rounding up migrants and asylum-seekers and then dispatching them over the border into Mexico--at a moment when federal authorities are bracing for the number of migrant crossings to potentially triple this summer. 

Constitutional experts say this loopy "invasion" scheme has little chance of surviving the legal challenge that would, in all likelihood, be launched instantaneously by President Joe Biden's Department of Justice.  

***

About this Archive

This page is an archive of recent entries in the Cases to Watch category.

Coming Events is the next category.

Find recent content on the main index or look in the archives to find all content.

Monthly Archives

Pages

Powered by Movable Type 5.11