TBA Law Blog


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Posted by: Azya Thornton on Mar 7, 2025
News Type: U.S. Supreme Court

The U.S. Supreme Court on Wednesday denied the State Department's application to vacate a district court’s order to issue payments of some foreign development aid funds. Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson voted to vacate the order. In a brief unsigned opinion, the justices stated that the district court should clarify how the State Department must fulfill its obligation, as the court’s deadline for issuing the aid had already passed. On Inauguration Day, President Donald Trump paused the disbursement of all foreign development aid for 90 days. According to SCOTUSblog, the district court is expected to hold a hearing on the aid groups’ motion for a preliminary injunction and if granted, would suspend the freeze on foreign-assistance funding going forward. This means that the dispute could return to the Supreme Court as an emergency appeal again soon.

Posted by: Julia Wilburn on Mar 4, 2025

Eight Tennessee attorneys were admitted to practice before the U.S. Supreme Court during the 39th annual TBA Academy on Tuesday. TBA President Ed Lanquist Jr. moved for admission of the members during a regular court session in Washington, D.C. The group heard oral arguments in a case brought by the government of Mexico against gun manufacturers Smith & Wesson and Colt accusing them of aiding illegal firearms trafficking to drug cartels and fueling gun violence in that country. Reuters has more on that case. Attorneys admitted before the high court were Nashville attorneys Mary Cheadle, Lauren Colaric, Chicoya Smith Gallman and Trevor Howell; Humboldt attorney Tim Fowler; Jacksboro attorney Leif Jeffers; Mt. Juliet attorney Angela Williams; and Johnson City attorney Deborah Yeomans-Barton. The visit to Washington, D.C., included a welcome reception, tour of the U.S. Capitol, the swearing in ceremony and a celebratory lunch. See photos from the event.

Posted by: Azya Thornton on Feb 28, 2025
News Type: U.S. Supreme Court

In a 7-2 decision, the U.S. Supreme Court ruled that plaintiffs are not entitled to attorneys' fees after obtaining a preliminary injunction that is later mooted, Bloomberg Law reports. Chief Justice John Roberts, writing for the court, said the plaintiffs do not count as “prevailing parties” entitled to attorneys’ fees because no court has conclusively resolved their claims. The case involved Virginia drivers who challenged a state law suspending licenses for unpaid fees, with the state changing the law after the plaintiffs secured a temporary injunction. The court's ruling set a rule that prevents civil rights lawyers from receiving attorneys' fees in such cases, despite the temporary success. Justices Ketanji Brown Jackson and Sonia Sotomayor dissented, arguing the plaintiffs’ victory, though temporary, was never overturned.

Posted by: Stacey Shrader Joslin on Feb 25, 2025
News Type: U.S. Supreme Court

The U.S. Supreme Court on Monday declined to hear a challenge to a Tennessee law restricting some drag performances, allowing the first-in-the-nation law to remain largely intact, The Hill reports. In a brief, unsigned order, the justices denied Friends of George’s request to intervene after a three judge panel of the U.S. 6th Circuit Court of Appeals allowed the law to take effect, overturning a district court judge in Memphis, who had blocked the law. The full court of appeals declined to hear the case, leading the group to appeal to the Supreme Court. The law targets “adult-oriented performances” that take place in public or where they may be seen by minors. The paper reports that the theater group did not respond to a request for comment.

Posted by: Azya Thornton on Jan 27, 2025
News Type: U.S. Supreme Court

The U.S. Supreme Court has rejected a heightened standard of proof for showing workers are exempt from the Fair Labor Standards Act’s overtime rules, making it easier for employers to prove that employees are not entitled to overtime protections, Bloomberg Law reports. Justice Brett Kavanaugh wrote for the unanimous court that when a law is silent on the standard of proof, the preponderance-of-the-evidence standard typically applies. Under that standard, employers must show that it is more likely than not that an employee is exempt from the overtime rules. The case resolved a lopsided circuit split in which most courts agreed the default preponderance rule was appropriate. The court sent the case back to the U.S. Court of Appeals for the 4th Circuit to apply the correct standard.

Posted by: Stacey Shrader Joslin on Jan 10, 2025
News Type: U.S. Supreme Court

The U.S. Judicial Conference will not refer U.S. Supreme Court Justice Clarence Thomas or Justice Ketanji Brown Jackson to the Department of Justice (DOJ) for probes into whether they violated ethics rules for alleged disclosure failures. Notification of the decision came in letters to two federal lawmakers and a conservative think tank that had sought the referrals. According to the ABA Journal, the lawmakers were concerned about reports that Thomas failed to disclose financial dealings with two wealthy individuals, while the Center for Renewing America sought Jackson’s referral based on allegations she failed to disclosure some of her husband’s consulting income as well as private contributions to her investiture celebration. The conference noted that both justices had amended their disclosure statements to address these issues, but also expressed skepticism that it even has the authority to refer justices to the DOJ.

Posted by: Stacey Shrader Joslin on Jan 2, 2025
News Type: U.S. Supreme Court

U.S. Supreme Court Chief Justice John Roberts has released his year-end report, using the document to reiterate concerns about judges’ safety and condemn elected officials who intimidate judges or defy court rulings. The Hill reports that Roberts did not name any specific people, but noted one decision that prompted calls for impeachment. “Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed,” Roberts wrote. “Public officials certainly have a right to criticize the work of the judiciary, but they should be mindful that intemperance in their statements when it comes to judges may prompt dangerous reactions by others.” Roberts also used the report to reiterate concerns about violence against judges, highlighting how threats increasingly are being made online and in the form of “doxxing.”

Posted by: Azya Thornton on Dec 30, 2024
News Type: U.S. Supreme Court

President-elect Donald Trump has urged the U.S. Supreme Court to pause the implementation of a law that would ban the app TikTok or force its sale. He argues he should have time after taking office to pursue a "political resolution" to the issue, Reuters reports. The court is set to hear arguments in the case on Jan. 10, 2025. The law would require TikTok's Chinese owner, ByteDance, to sell the platform to an American company or face a ban. The U.S. Congress voted in April to ban the app unless ByteDance sells it by Jan. 19, 2025. In 2020, Trump tried to block the app in the United States and force its sale to American companies because of its Chinese ownership. According to the report, Trump met with TikTok’s CEO in December after expressing that he had a "warm spot" for the app and favored allowing TikTok to continue operating in the United States for at least a little while.

Posted by: Azya Thornton on Dec 18, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court decided today to hear a bid by TikTok and its China-based parent company, ByteDance, to block a law that would force the sale of the app by Jan. 19, 2025, or be banned in the U.S. According to Reuters, the justices did not immediately act on an emergency request by TikTok and some of its users to block the potential ban, opting instead to hear arguments on the matter on Jan. 10, 2025. Earlier this month, a federal appeals court upheld a law requiring ByteDance to sell TikTok or face a U.S. ban.

Posted by: Stacey Shrader Joslin on Dec 3, 2024

The U.S. Supreme Court will hear oral arguments tomorrow in a case challenging the constitutionality of Tennessee’s ban on transgender procedures and treatments for minors. Arguments will begin at 10 a.m. EST. Tennessee Solicitor General Matt Rice will defend the law before the court while Attorney General Jonathan Skrmetti will speak to the media following the proceeding. Opposing the law will be American Civil Liberties Union lawyer Chase Strangio, the first openly transgender attorney to represent clients before the nation’s highest court. The Associated Press reports that Strangio has been instrumental in several trans-related legal battles, including representing former Army Intelligence analyst Chelsea Manning, challenging a ban on transgender people serving in the military, and assisting with an LGBT worker discrimination case that went to the high court. Strangio will share time with lawyers for the Biden administration, Bloomberg Law reports. An audio recording of the arguments will be available on the court’s website after the session.


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