TBA Law Blog


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Posted by: Amelia Ferrell Knisely on Oct 6, 2015
News Type: U.S. Supreme Court

The U.S. Supreme Court announced Monday that its website will identify and highlight changes in the text of the opinions after they are released to the public, the Associated Press reports. Both the old and new material will be shown when readers place their cursor over highlighted sections.

Posted by: Amelia Ferrell Knisely on Oct 5, 2015
News Type: U.S. Supreme Court

The U.S. Supreme Court began its new term today and NPR released its list of cases to watch that includes abortion regulations and affirmative action disputes. The Court rejected hundreds of appeals today, including an appeal by Richard Baumgartner, the former Knox County Criminal Court judge convicted in 2013 of lying to cover up his mistress’s drug crimes. The Knoxville News Sentinel reports that attorneys Ann Short and Donald A. Bosch filed a petition asking the Supreme Court to review misprision of a felony – the law under which Baumgartner was convicted – and to determine if the law properly applied in Baumgartner’s case.

Posted by: Stacey Shrader Joslin on Oct 1, 2015
News Type: U.S. Supreme Court

The U.S. Supreme Court today added 13 new cases to its argument docket for the term that begins Oct. 5. Issues include questions of employee free speech rights, application of U.S. anti-racketeering law overseas, use of Iranian assets in the United States to compensate victims of terrorism and one hunter’s challenge to federal regulations on moose hunting. Justices did not act on a case dealing with abortion clinic regulations and one dealing with contraceptive mandates in the Affordable Care Act.  The National Journal and the Washington Post have wrap up stories of the court's actions.

Posted by: Stacey Shrader Joslin on Sep 30, 2015
News Type: U.S. Supreme Court

U.S. Supreme Court Justice Ruth Bader Ginsburg is among four who have been awarded the Franklin D. Roosevelt Four Freedoms Award. The awards are presented each year by the Roosevelt Institute to those whose achievements focus on four freedoms: freedom of speech, freedom of worship, freedom from want and freedom from fear. The other recipients this year were Dance Theatre of Harlem founder Arthur Mitchell, North Carolina NAACP President and Reverend Dr. William Barber III and Dr. Olufunmilayo Olopade, who helped diagnose and treat breast cancer in underserved patients. The Greeneville Sun has a story from the AP.

Posted by: Amelia Ferrell Knisely on Sep 28, 2015
News Type: U.S. Supreme Court

The U.S. Supreme Court met behind closed doors today to consider which cases to add to the calendar before the new term begins Oct. 5, Reuters reports. The Court has already chosen several high-profile cases for the new term, including challenges to racial preferences in higher education admissions and an appeal by Iran's central bank seeking to prevent nearly $2 billion from being transferred to victims of the 1983 bombings of a U.S. Marine Corps barracks in Beirut.

Posted by: Amelia Ferrell Knisely on Sep 23, 2015
News Type: U.S. Supreme Court

During a Constitution Day lecture Tuesday at Rhodes College, U.S. Supreme Court Justice Antonin Scalia remarked on the Court’s recent same-sex marriage ruling. "Saying that the Constitution requires that practice, which is contrary to the religious beliefs of many of our citizens, I don't know how you can get more extreme than that," he said. "I worry about a Court that's headed in that direction." The Associated Press has more.

Posted by: Amelia Ferrell Knisely on Sep 18, 2015
News Type: U.S. Supreme Court

Apple said it will ask the U.S. Supreme Court to overturn a lower court’s ruling that the company conspired to fix prices of ebooks when it launched its original iPad and iBook store in 2010, Fortune reports. “Dynamic, disruptive entry into new or stagnant markets — the lifeblood of American economic growth — often requires the very type of conduct that Apple engaged in,” the company argued in papers filed Wednesday.

Posted by: Amelia Ferrell Knisely on Sep 16, 2015
News Type: U.S. Supreme Court

Supreme Court Justice Stephen Breyer hopes his new book, “The Court and World," will help people who are not lawyers understand the court system, the Associated Press reports. "The best way to preserve our basic American values in respect to democracy, human rights, commerce, and the rule of law itself, is to learn about, participate in and understand what is going on in the world," he said. The 77-year-old said educating the public may be easier if cameras were allowed in the courtroom, but during a recent appearance on "The Late Show" with Stephen Colbert, The Hill reports Breyer defended the camera ban saying oral arguments only make up for five percent of the court's proceedings.

Posted by: Amelia Ferrell Knisely on Aug 28, 2015
News Type: U.S. Supreme Court

The U.S. Court of Appeals for the D.C. Circuit upheld the ban on demonstrations on the Supreme Court plaza, saying the open space in front of the Supreme Court is a “nonpublic forum,” The Washington Post reports. The court said demonstrations on the court’s doorsteps could be a threat to court decorum and might lead to the perception that the court is swayed by public opinion rather than the law.

Posted by: Stacey Shrader Joslin on Aug 6, 2015
News Type: U.S. Supreme Court

The American Bar Association has filed an amicus brief with the U.S. Supreme Court urging the high court to take up the case of Loden v. Mississippi to clarify an earlier ruling affecting a defendant’s ability to raise claims of ineffective counsel. The court ruled in 2007 that a defendant who actively prevented counsel from investigating mitigating evidence was precluded from later raising claims of ineffective counsel. The brief argues that lower courts should not interpret the 2007 opinion as a bright line waiver rule but rather should consider the role played by counsel in a defendant’s decision to waive the right to present mitigating evidence.


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