News

Tennessee AG Joins States Supporting Trump Travel Ban

Tennessee Attorney General Herbert Slatery filed an amicus brief with the 9th U.S. Circuit Court of Appeals in favor of President Donald Trump’s updated travel ban, the Tennessean reports. That adds Slatery to a list of officials in 15 states who believe the decision from the U.S. District Court in Hawaii should be reversed. That decision halted the president’s second version of the travel ban.
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Gorsuch Sworn In as Supreme Court Justice

Neil Gorsuch was sworn in today as the newest justice of the U.S. Supreme Court, NBC News reports. Justice Anthony Kennedy, who Gorsuch once clerked for, administered the judicial oath. In another ceremony, Gorsuch took an oath administered by Chief Justice John Roberts, with the late Justice Antonin Scalia’s family in attendance. 
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Senate Republicans Kill Filibuster to Pave Way for Gorsuch

Senate Republicans deployed the “nuclear option” today, permanently changing rules to bypass a Democratic filibuster and clear the way for U.S. Supreme Court nominee Neil Gorsuch to be confirmed by a simple majority vote, the New York Times reports. Republicans needed 60 votes to confirm Gorsuch without changing the rules, but could only secure 55, leading to the rule change. Knoxnews confirms that Tennessee Senators Lamar Alexander and Bob Corker voted in support of the change.

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Democrats Have Votes to Filibuster Gorsuch

Democrats in the U.S. Senate secured enough votes today to block U.S. Supreme Court nominee Neil Gorsuch, setting the stage for Republicans to enact the “nuclear option” and change the rules regarding the filibuster, the Washington Post reports. Four Democrats joined the effort to block Gorsuch today. That followed Gorsuch’s confirmation hearings, which Sen. Patrick Leahy (D-Vt.) characterized as “excruciatingly evasive.” Republicans could confirm Gorsuch by voting to eliminating the filibuster for Supreme Court nominees.
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Democrats Have Votes to Filibuster Gorsuch

Democrats in the U.S. Senate secured enough votes today to block U.S. Supreme Court nominee Neil Gorsuch, setting the stage for Republicans to enact the “nuclear option” and change the rules regarding the filibuster, the Washington Post reports. Four Democrats joined the effort to block Gorsuch today. That followed Gorsuch’s confirmation hearings, which Sen. Patrick Leahy (D-Vt.) characterized as “excruciatingly evasive.” Republicans could confirm Gorsuch by voting to eliminating the filibuster for Supreme Court nominees.
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Democrats Have Votes to Filibuster Gorsuch

Democrats in the U.S. Senate secured enough votes today to block U.S. Supreme Court nominee Neil Gorsuch, setting the stage for Republicans to enact the “nuclear option” and change the rules regarding the filibuster, the Washington Post reports. Four Democrats joined the effort to block Gorsuch today. That followed Gorsuch’s confirmation hearings, which Sen. Patrick Leahy (D-Vt.) characterized as “excruciatingly evasive.” Republicans could confirm Gorsuch by voting to eliminating the filibuster for Supreme Court nominees.
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CLE Outlines How to Change Your Practice to Meet Market Demands

The fourth and final CLE in the “Modern Law Practice Series” will explore emerging trends in the delivery of legal services and how focusing on consumer behavior could benefit your law firm. This session will examine the ways in which consumer-facing companies like Avvo and LegalZoom have capitalized on tailoring services to the needs of the modern legal client and how you can adjust your practice to meet those same demands. The program will be held April 13, and will be available in person and on-demand.

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GOP Could Consider Alternative Strategies to Confirm Gorsuch

Other than taking the “nuclear option” — which would change the rules regarding filibusters — Senate Republicans have other options to confirm U.S. Supreme Court nominee Neil Gorsuch, the ABA Journal reports. One option is the “two-speech rule,” in which senators could only give two speeches in a legislative day, and if the Senate doesn’t adjourn for the night, one “legislative day” could go on for weeks. It would limit each Democrat to two speeches and after they are finished, only a simple majority vote would be needed for confirmation. The second option is a recess appointment, in which the president could put Gorsuch on the bench during a recess, but the appointment would only last until the next session of Congress, which would end in late 2018 or 2019.
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GOP Could Consider Alternative Strategies to Confirm Gorsuch

Other than taking the “nuclear option” — which would change the rules regarding filibusters — Senate Republicans have other options to confirm U.S. Supreme Court nominee Neil Gorsuch, the ABA Journal reports. One option is the “two-speech rule,” in which senators could only give two speeches in a legislative day, and if the Senate doesn’t adjourn for the night, one “legislative day” could go on for weeks. It would limit each Democrat to two speeches and after they are finished, only a simple majority vote would be needed for confirmation. The second option is a recess appointment, in which the president could put Gorsuch on the bench during a recess, but the appointment would only last until the next session of Congress, which would end in late 2018 or 2019.
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Slatery Adds Support to Gorsuch Nomination

Tennessee Attorney General Herbert Slatery added his support to the nomination of Neil Gorsuch to the U.S. Supreme Court, Humphrey on the Hill reports. In a letter to the chair of the Senate Judiciary Committee and Tennessee’s two U.S. senators, Slatery wrote, “In short, Judge Gorsuch is a champion of the structural safeguards that protect state sovereignty and individual liberty, a committed textualist and originalist, and a brilliant jurist.”

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SCOTUS Strikes Down Texas Death Penalty Mental Standards

The U.S. Supreme Court struck down Texas state standards used to determine whether someone is mentally fit to receive the death penalty, the ABA Journal Reports. Justice Ruth Bader Ginsburg wrote the 5-3 majority decision, saying that “adjudications of intellectual disability should be informed by the views of medical experts,” while in the case in question, the Texas Court of Criminal Appeals relied on seven evidentiary factors that did not cite “any authority, medical or judicial.” 
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SCOTUS Strikes Down Texas Death Penalty Mental Standards

The U.S. Supreme Court struck down Texas state standards used to determine whether someone is mentally fit to receive the death penalty, the ABA Journal Reports. Justice Ruth Bader Ginsburg wrote the 5-3 majority decision, saying that “adjudications of intellectual disability should be informed by the views of medical experts,” while in the case in question, the Texas Court of Criminal Appeals relied on seven evidentiary factors that did not cite “any authority, medical or judicial.” 
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Federal Courts Struggle as Vacancies Mount

Federal courts are resorting to creative methods to cope with vacancies on the bench, the Nashville Post reports. With Middle District Chief Federal Judge Kevin Sharp stepping down and Judge Todd Campbell’s retirement late last year, remaining court judges Aleta Trauger and Waverly Crenshaw are seeing their dockets pile up. Judges from Detroit and elsewhere are helping to pick up the slack until two new judges can be appointed in Tennessee by President Donald Trump and confirmed by the U.S. Senate.
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Trump Names Federal Claims Chief Judge

The Trump administration announced the appointment of Susan G. Braden as Chief Judge of the U.S. Court of Federal Claims today. Braden has served on the court since 2003, when she was appointed by President George W. Bush. She has had a long career in intellectual property practice.
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Gorsuch Faces First Day of Confirmation Hearings

Hearings to confirm U.S. Supreme Court nominee Neil Gorsuch began in Washington today, the ABA Journal reports. Up for discussion was Gorsuch’s questioning of Chevron deference, as well as Gorsuch’s views on the separation of powers. Many Democrats applauded Gorsuch’s qualifications, while voicing their discontent of the Senate’s refusal last year to allow Judge Merrick Garland a similar hearing. When Gorsuch himself gave his statement, he noted that he does not believe that judges are merely “politicians in robes.”
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Gorsuch Faces First Day of Confirmation Hearings

Hearings to confirm U.S. Supreme Court nominee Neil Gorsuch began in Washington today, the ABA Journal reports. Up for discussion was Gorsuch’s questioning of Chevron deference, as well as Gorsuch’s views on the separation of powers. Many Democrats applauded Gorsuch’s qualifications, while voicing their discontent of the Senate’s refusal last year to allow Judge Merrick Garland a similar hearing. When Gorsuch himself gave his statement, he noted that he does not believe that judges are merely “politicians in robes.”
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Gorsuch Faces First Day of Confirmation Hearings

Hearings to confirm U.S. Supreme Court nominee Neil Gorsuch began in Washington today, the ABA Journal reports. Up for discussion was Gorsuch’s questioning of Chevron deference, as well as Gorsuch’s views on the separation of powers. Many Democrats applauded Gorsuch’s qualifications, while voicing their discontent of the Senate’s refusal last year to allow Judge Merrick Garland a similar hearing. When Gorsuch himself gave his statement, he noted that he does not believe that judges are merely “politicians in robes.”
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Gorsuch Former Colleagues Unite in Support of Nomination

Dozens of former law clerks of federal appeals judge David Sentelle have written to the Senate calling for quick confirmation of their one-time colleague Judge Neil Gorsuch to the U.S. Supreme Court, Roll Call reports. The clerks said they hailed from different points on the political spectrum but all endorsed Gorsuch, who clerked for Sentelle on the U.S. Court of Appeals for the D.C. Circuit from 1991 to 1992.

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Second Travel Ban Blocked; Trump Responds with Attack on Judiciary

President Donald Trump criticized the judiciary while on a visit to Nashville yesterday, saying that a federal judge in Hawaii struck down his second travel ban for “political reasons,” the Nashville Post reports. He made comments citing “unprecedented judicial overreach” and said that the Hawaii ruling “makes us look weak.” In addition to the order from Hawaii, a second federal judge in Maryland ruled overnight against a core provision of the ban, the New York Times reports.
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Second Travel Ban Blocked; Trump Responds with Attack on Judiciary

President Donald Trump criticized the judiciary while on a visit to Nashville yesterday, saying that a federal judge in Hawaii struck down his second travel ban for “political reasons,” the Nashville Post reports. He made comments citing “unprecedented judicial overreach” and said that the Hawaii ruling “makes us look weak.” In addition to the order from Hawaii, a second federal judge in Maryland ruled overnight against a core provision of the ban, the New York Times reports.
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Second Travel Ban Blocked; Trump Responds with Attack on Judiciary

President Donald Trump criticized the judiciary while on a visit to Nashville yesterday, saying that a federal judge in Hawaii struck down his second travel ban for “political reasons,” the Nashville Post reports. He made comments citing “unprecedented judicial overreach” and said that the Hawaii ruling “makes us look weak.” In addition to the order from Hawaii, a second federal judge in Maryland ruled overnight against a core provision of the ban, the New York Times reports.
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Former State GOP Officials Lobby for Congressional Term Limits

Former Tennessee Republican Party Chairmen Chris Devaney and Bob Davis are lobbying state legislators to advocate for term limits for U.S. Congrees, Knoxnews reports. A resolution currently in the legislature would declare Tennessee’s support for a national constitutional convention to create an amendment to impose term limits. The proposed limits are three two-year terms for U.S. House representatives and two six-year terms for U.S. senators.
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Class Action Litigation Bill Passes Despite ABA Opposition

Despite the American Bar Association’s opposition, the U.S. House yesterday passed the Fairness in Class Action Litigation Act of 2017, the ABA Journal reports. The bill requires federal courts to deny class-action certification unless every one of the proposed class members affirmatively demonstrated they have “suffered the same type and scope of injury” as the named plaintiffs. This morning the House also passed the Lawsuit Abuse Reduction Act of 2017, which amends Rule 11 of the Federal Rules of Civil Procedure to require judges to sanction attorneys who file lawsuits deemed to have no merit. 
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Former U.S. Attorney Joins Butler Snow

Former U.S. Attorney for the Western District of Tennessee Edward L. Stanton III has joined the Butler Snow Memphis office, the Nashville Post reports. Stanton will practice with the firm’s white collar, compliance and government investigations team and its commercial litigation practice group. Stanton just stepped down from his federal law enforcement position earlier this year. He was nominated by former President Barack Obama to a federal judgeship in 2015, but was not confirmed before President Donald Trump was elected in November.
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SCOTUS: Jury Deliberations Not Guaranteed Secret if Bias Involved

The U.S. Supreme Court ruled yesterday that courts must make an exception to jury deliberation secrecy if evidence shows that those discussions involved racial bias, the New York Times reports. The case stems from a 2010 sexual assault trial in which a juror reportedly said of the defendant, “I think he did it because he’s Mexican.” Justice Anthony Kennedy wrote in the majority opinion that jury selection and reports from jurors alone are not always effective in determining racial bias. 
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