TBA Law Blog


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Posted by: Stacey Shrader Joslin on Jun 26, 2015
News Type: U.S. Supreme Court

The U.S. Supreme Court this morning ruled that the 14th Amendment to the Constitution guarantees a nationwide right to same-sex marriage, SCOTUSblog reports. The 5-4 decision in Obergefell v. Hodges finds that the court has long recognized the right to marry as a fundamental right, and that all of the same principles on which it has relied in cases involving opposite-sex couples should apply equally to same-sex marriages. Chief Justice John Roberts read a summary of his dissent from the bench – the first time he has ever done so.

In Tennessee, Gov. Bill Haslam said the state will comply immediately with the court’s ruling. Attorney General Herbert Slatery held a press conference this afternoon, in which he expressed disappointment in the ruling but advised clerks to comply with it. Here's a wrapup of the decision’s impact in Tennessee. TBA CLE is presenting a webcast on the case on July 2. 

Posted by: Stacey Shrader Joslin on Jun 26, 2015
News Type: U.S. Supreme Court

The U.S. Supreme Court has ruled that the definition of “violent felony” in the Armed Career Criminals Act is unconstitutionally vague, the ABA Journal reports. The law increases sentencing for a gun-related conviction if the defendant has at least three prior violent felony convictions. “Violent felony convictions” are defined to include “conduct that presents a serious potential risk of physical injury to another.” The court found that this vague definition denies due process, but left intact other definitions in the act.

Posted by: Stacey Shrader Joslin on Jun 26, 2015
News Type: U.S. Supreme Court

The U.S. Supreme Court may finish this term with a greater percentage of liberal decisions than any since 1969, according to an article in The New York Times. Using data from The Supreme Court Database, which codes decisions on “widely-accepted” standards, the authors found that the court issued liberal decisions in 56 percent of the cases this term. “If that trend holds, the final percentage could rival the highest since the era of the notably liberal court of the 1950s and 1960s led by Chief Justice Earl Warren,” the authors write.

Posted by: Brittany Sims on Jun 25, 2015
News Type: U.S. Supreme Court

The Supreme Court today ruled that claims of racial discrimination in housing cases shouldn't be limited by questions of intent, National Public Radio reports. The court affirmed a Court of Appeals decision in a case in which a nonprofit group, the Inclusive Communities Project, said that the Texas Department of Housing and Community Affairs had contributed to "segregated housing patterns by allocating too many tax credits to housing in predominantly black inner-city areas and too few in predominantly white suburban neighborhoods." The 5-4 ruling endorses the notion of citing disparate impact in housing cases, meaning that statistics and other evidence can be used to show decisions and practices have discriminatory effects — without proving that they're the result of discriminatory intentions.

Posted by: Barry Kolar on Jun 25, 2015
News Type: U.S. Supreme Court

Tens of thousands of Tennesseans will be able to keep their health insurance in light of today's 6-3 U.S. Supreme Court ruling that upholds tax subsidies to make insurance more affordable, Knoxnews reports. The decision also solidifies the Affordable Care Act's place in the health care market and may give a boost to Gov. Bill Haslam's controversial health insurance proposal, Insure Tennessee, Sen. Jeff Yarbro, D-Nashville, writes in a letter sent to supporters today. House Minority leader Craig Fitzhugh, D-Ripley, also wants that to happen and today wrote the governor asking for another special session on the issue, the Tennessean reports. The Tennessee Justice Center also will host a press conference Monday to discuss the decision and what it means for Insure Tennessee. The event will be at 11 a.m. at St. Thomas Midtown Hospital, 2000 Church Street.

Posted by: Barry Kolar on Jun 25, 2015
News Type: U.S. Supreme Court

The Supreme Court today ruled 6-3 that nationwide subsidies called for in the Affordable Care Act are legal, NPR reports. "Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them," the court's majority said in the opinion, which was written by Chief Justice John Roberts. The ruling holds that the Affordable Care Act authorized federal tax credits for eligible Americans living not only in states with their own exchanges but also in the 34 states with federal marketplaces. The decision staved off a major political showdown and what would have been a mad scramble in some states to set up their own health care exchanges to keep millions from losing healthcare coverage. CNN has more

Posted by: Brittany Sims on Jun 24, 2015
News Type: U.S. Supreme Court

A group of California school teachers backed by a conservative political organization, has asked the Supreme Court to rule that unions representing government workers can't collect fees from those who choose not to join. Half the states currently require state workers represented by a union to pay "fair share" fees that cover bargaining costs, even if they are not members. Union opponents say it violates First Amendment rights to require nonmembers to pay fees that may go to causes they don't support. The justices could decide as early as next week whether to take up the case. WRCB has the story from the AP.

Posted by: Brittany Sims on Jun 24, 2015
News Type: U.S. Supreme Court

Supreme Court justices' annual reports on investments, paid travel and other financial matters remain shielded from public view more than five weeks after they were filed, the Associated Press reports. The Administrative Office of U.S. Courts, the central repository for federal judges' disclosure forms, said Wednesday that the reports should be released before July 4. For the first time since John Roberts became chief justice in 2005, the justices probably will leave town for their summer break before the reports are released. ABC News has more.

Posted by: Stacey Shrader Joslin on Jun 23, 2015
News Type: U.S. Supreme Court

The U.S. Supreme Court yesterday issued four decisions in argued cases, including major decisions on the Fourth Amendment, patent law, the Takings Clause and excessive force claims by pretrial detainees. SCOTUSblog provides a wrap up of the day’s events.

Posted by: Brittany Sims on Jun 22, 2015
News Type: U.S. Supreme Court

The Supreme Court is considering an emergency appeal from abortion providers in Texas, who want the justices to block two provisions of a state law that already has forced the closure of roughly half the licensed abortion clinics in the state. Ten of the remaining 19 clinics will have to shut their doors by July 1, without an order from the Supreme Court. The justices could signal by the end of June whether they are likely to take up the biggest case on the hot-button subject in nearly a quarter-century. WATE has more from the Associated Press.


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