Federal Practice Section

This section was formed in 2005 to serve the needs of Tennessee attorneys whose primary practice is in the federal courts. Its purpose is to further the knowledge of its members and to act as an advocate for those attorneys.

Baker Donelson Bearman Caldwell...
100 Med Tech Parkway, Suite 200
Johnson City, TN 37604
Immediate Past Chair
Baker, Donelson, Bearman, Caldwell...
P O Box 3038
Johnson City, TN 37604

Court Strikes Down Obama Appointments; Rules Against Protest Buffers

The U.S. Supreme Court has struck down President Obama’s three recess appointments to the National Labor Relations Board, the ABA Journal reports. In his opinion for the court today, Justice Stephen G. Breyer said Obama lacked the power to make the recess appointments during a three-day recess in January 2012 because the time period was too short. The Court also ruled today that a Massachusetts law banning abortion-clinic protests within a 35-foot buffer zone violates the First Amendment rights of protesters. Chief Justice John G. Roberts Jr. wrote the opinion for the court, which said the 35-foot buffer zone isn't narrowly tailored to carry out the state's aims of ensuring safety, preventing harassment and keeping clinic entrances free of obstruction. In a major decision yesterday, the Court ruled that police generally must get a warrant before searching the cellphone of a person who is arrested. Several more decisions are expected before the Court wraps up its session on June 30.

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Senate Confirms 3 Diverse Federal Judges

The Senate yesterday confirmed the first openly gay black man to a top-level federal judgeship, voting 98-0 to make Darrin Gayles a district court judge in Florida. Senators also confirmed Staci Yandle, an openly gay black woman, for a federal district judgeship in Illinois and Salvador Mendoza, a Hispanic man, for federal district judge in Washington state. President Obama has appointed more female and Hispanic federal judges than any previous president, WKRN News 2 reports. "These milestones are important not because these judges will consider cases differently, but because a judiciary that better resembles our nation instills even greater confidence in our justice system" and can serve as a future role model, presidential counsel Neil Eggleston wrote in a blog post. 

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