TBA Law Blog

TBA Law Blog

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SCOTUS to Allow Transgender Military Ban

Posted by: Katharine Heriges on Jan 22, 2019
News Type: U.S. Supreme Court
The U.S. Supreme Court today allowed the Trump administration to go ahead, for now, with its plan to ban transgender military service, NBC News reports. The court, without comment, granted a request from the Justice Department to allow the government to enforce the ban while challenges to the policy play out in the lower courts. The earliest the Supreme Court could act on the issue would be during its next term, which begins in October.

SCOTUS to Hear First Gun Rights Case Since 2010

Posted by: Katharine Heriges on Jan 22, 2019
News Type: U.S. Supreme Court
The Supreme Court agreed today to hear a challenge to a New York City gun ordinance that does not allow people licensed to have guns in their homes to transport the weapons outside the city, The New York Times reports. The court has not heard a Second Amendment case since 2010. The new case will illuminate the court’s approach to gun rights after the arrival of Justice Brett Kavanaugh in October installed a five-member conservative majority.

Justice Ginsburg Cleared to Return to Bench

Posted by: Katharine Heriges on Jan 11, 2019
News Type: U.S. Supreme Court
U.S. Supreme Court Justice Ruth Bader Ginsburg will return to work and needs no further medical treatment, NBC News reports. Ginsburg missed court arguments for the first time in her 25 years in the Supreme Court this past week as she recuperates from cancer surgery. Doctors removed a portion of her lung on Dec. 21 after cancerous nodules were detected.

Justice Kavanaugh Issues First SCOTUS Opinion

Posted by: Katharine Heriges on Jan 9, 2019
News Type: U.S. Supreme Court
Justice Brett M. Kavanaugh issued his first opinion for the U.S. Supreme Court yesterday, The ABA Journal reports. The unanimous opinion held that federal judges don’t have the authority to decide whether a dispute can be arbitrated when the contract gives the decision to the arbitrator. The Supreme Court ruled in a dispute between a dental equipment manufacturer and a distributor, Henry Schein Inc. v. Archer and White Sales Inc.

Justice Ginsburg Misses Arguments for First Time Following Surgery

Posted by: Katharine Heriges on Jan 7, 2019
News Type: U.S. Supreme Court
U.S. Supreme Court Justice Ruth Bader Ginsburg did not take part in today’s oral arguments before the court, marking the first time she has missed since she was confirmed in 1993, NPR reports. Ginsburg is recovering from surgery she underwent last month due to lung cancer. She is expected to make a full recovery and return to the court.

SCOTUS to Consider Hot-Button Issues in 2019

Posted by: Liz Slagle Todaro on Dec 31, 2018
News Type: U.S. Supreme Court

The U.S. Supreme Court’s 2018-2019 term has had a quiet start with only three decisions issued; all unanimous. However, the court is likely to hear a number of high-profile cases that will be more divisive. Issues before the court may include separation of church and state, citizenship questions related to the 2020 Census, power of executive agencies, Deferred Action for Childhood Arrivals, the military ban against transgender individuals and partisan gerrymandering. The Hill and the Economist have more on the cases and possible outcomes.

Justices Appear Reluctant to Stop State, Federal Prosecutions for Same Crime

Posted by: Barry Kolar on Dec 7, 2018
News Type: U.S. Supreme Court

A long-standing precedent that allows a state and the federal government to prosecute a person for the same crime — despite the constitutional ban on “double jeopardy” — will likely stay in place, the Associated Press reports in the Bristol Herald Courier. Both conservative and liberal Supreme Court justices hearing an appeal from an Alabama man who was prosecuted in both state and federal court for being a felon in possession of a gun, on Thursday seemed unwilling to make the change. “This is a 170-year-old rule,” said Justice Elena Kagan. It has been repeatedly upheld by more than 30 justices, and Kagan said she was “uncomfortable” in tossing it out now.

Justice Ginsburg Hospitalized for Fractured Ribs

Posted by: Katharine Heriges on Nov 8, 2018
News Type: U.S. Supreme Court
Justice Ruth Bader Ginsburg fractured three ribs on her left side during a fall yesterday in her office, resulting in her hospitalization, CBS News reports. This is the second time Ginsburg has experienced such an injury, having broken ribs in a fall in 2012. 

Kavanaugh Formally Takes Seat at SCOTUS Bench

Posted by: Katharine Heriges on Nov 8, 2018
News Type: U.S. Supreme Court
Brett Kavanaugh formally took his seat as the 114th justice at a U.S. Supreme Court investiture ceremony last week, NPR reports. President Trump and first lady Melania Trump attended the ceremony. Justice Anthony Kennedy, whose retirement created the vacancy for Kavanaugh's nomination, also attended.

SCOTUS Petitioned to Again Rule in Case Involving Cake for Same-sex Couples

Posted by: Katharine Heriges on Oct 24, 2018
News Type: U.S. Supreme Court
The former owners of an Oregon bakery are asking the U.S. Supreme Court to accept their appeal and decide that they had a First Amendment right to refuse to bake a custom cake for a same-sex wedding, The ABA Journal reports. The decision could resolve a broader question that the Supreme Court didn’t settle in its Masterpiece Cakeshop decision involving a Colorado baker who refused to bake a cake for a same-sex wedding. “The State of Oregon drove Melissa and Aaron Klein out of the custom-cake business and hit them with a $135,000 penalty because the Kleins could not in good conscience employ their artistic talents to express a message celebrating a same-sex wedding ritual,” a cert petition filed Oct. 19 says.
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