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Posted by: Julia Wilburn on Feb 20, 2024

The father and stepmother of Macee M. filed a petition to terminate the mother’s parental rights on three grounds. The trial court found that one ground had been proven, abandonment for failure to support, and that termination of the mother’s parental rights was in Macee’s best interest. Based on these findings, the mother’s parental rights were terminated. The mother appeals. We affirm the termination of her parental rights.

Posted by: Julia Wilburn on Feb 20, 2024

This appeal arises from a petition to terminate the parental rights of a mother and a father to their son. The trial court found that three grounds for termination existed as to the parents: (1) substantial noncompliance with a permanency plan; (2) persistent conditions; and (3) failure to manifest an ability and willingness to assume custody. The trial court also found that the termination was in the best interest of the child. The mother and the father appeal. We reverse the trial court’s finding that clear and convincing evidence established the ground of persistent conditions. However, we affirm its findings that the remaining grounds were proven as to both parents and that termination was in the best interest of the child.

Posted by: Paul Burch on Feb 20, 2024

The U.S. Supreme Court has declined to decide a case testing the legality of excluding jurors on the basis of religion, reports Reuters. The court turned away a Missouri agency's bid to reverse a lesbian worker's win in a workplace bias lawsuit after three prospective jurors were excluded for citing their Christian beliefs. State officials had appealed after a lower court denied their request for a new trial. In the original trial, a jury sided with plaintiff Jean Finney in her suit against the Missouri Department of Corrections. The state argued that the removal of three jurists who expressed their religious views violated the U.S. Constitution's 14th Amendment promise of equal protection under the law.

Posted by: Paul Burch on Feb 20, 2024

The U.S. Supreme Court has ruled that three Republican-led states will not be allowed to join an appeal that will decide the availability of the abortion pill mifepristone, reports Reuters. Last month, U.S. District Judge Matthew Kacsmaryk allowed Missouri, Kansas and Idaho to join the lawsuit. The states will remain as parties in the underlying case. Today's ruling means they will not be part of an appeal of Kacsmaryk's preliminary order and a later appeals court order that put significant restrictions on mifepristone, including a ban on prescribing it by telemedicine and dispensing it by mail.

Posted by: Paul Burch on Feb 20, 2024

The Board of Judicial Conduct has released details about a public reprimand it imposed on Shelby County Judge Paula L. Skahan last week. The reprimand addressed two matters. The first involved "injudicious" comments Skahan made about the county’s formal district attorney and a trial judge. The second involved an ex parte conversation Skahan had about a case with the Shelby County District Attorney's office. The board found that the conversation suggested Skahan had predetermined the outcome of the case and directed the actions of the parties to reach a certain result.

Posted by: Paul Burch on Feb 20, 2024

Tennessee Attorney General Jonathan Skrmetti has joined a bipartisan coalition urging the U.S. Senate and House of Representatives to seek reform of the current practices of pharmacy benefit managers (PBMs). A PBM is a third-party company that functions as an intermediary between insurance providers and pharmaceutical manufacturers with the aim of reducing the cost of prescription medication. The group's letter urges Congress to pass the "DRUG Act" (S. 1542/H.R. 6283), "Protecting Patients Against PBM Abuses Act" (H.R. 2880), and the "Lower Costs, More Transparency Act" (H.R. 5378) to reform the way PBMs conduct business and bring more transparency to their work. Learn more in a news release from Skrmetti's office.

Posted by: Paul Burch on Feb 20, 2024

The U.S. Supreme Court has left in place the admissions policy at Thomas Jefferson High School for Science and Technology in Virginia, which some parents claim discriminates against highly qualified Asian Americans. The Associated Press reports that the court’s order, over the dissent of Justices Samuel Alito and Clarence Thomas, ended a legal challenge to a policy adopted in 2020 to increase diversity at the elite public school. A panel of the federal appeals court in Richmond had earlier upheld the constitutionality of the admissions policy, which gives weight in favor of applicants who are economically disadvantaged or still learning English, without taking race into account. The effect of the new policy saw an increase in the percentage of Black students from 1% to 7% and Hispanic students from 3% to 11%, while Asian American students decreased from 73% to 54%.

Posted by: Paul Burch on Feb 20, 2024

A new study released Monday shows that in the months after Tyre Nichols' death and passage of an ordinance preventing police from stopping drivers for low-level traffic infractions, the police department increased the number citations issued, reports the Commercial Appeal. The study, Decarcerate Memphis' annual Driving While BIPOC, used information gathered from traffic citations issued by the Memphis Police Department and Shelby County's court system to determine the impact on Black, indigenous and other people of color. The report found that the vast majority of the 2023 pretexts for stopping someone were for vehicle registration issues, and those pretexts were overwhelmingly against Black people. "... Traffic stops are ineffective at reducing or preventing crime," said Alex Hensley, policy chair and steering committee member for the organization.

Posted by: Paul Burch on Feb 20, 2024

Alternative law school admissions program JD-Next could soon join the LSAT and the GRE in gaining the American Bar Association’s stamp of approval, reports Reuters. On Thursday, the ABA’s Council of the Section of Legal Education and Admissions to the Bar will consider a request to deem the program a “valid and reliable” predictor of an applicant’s law school grades. The designation would enable law school admissions offices to use it without special ABA permission. Supporters say JD-Next — which offers an eight week contracts course followed by an exam — is an important new tool for law schools because it captures law school aptitude without the racial score disparities seen on other standardized tests.

Posted by: Paul Burch on Feb 20, 2024

The15th Annual Appalachian Public Interest and Environmental Law (APIEL) conference will be held Oct. 5 at the University of Tennessee College of Law. APIEL brings together lawyers, scientists, students and members of the general public to discuss environmental issues impacting Appalachia. The goal of the conference is to create a dialogue between lawyers, activists and scientists on local areas of need, and to foster engagement within the community to be forces of change in the legal realm. Conference planners are now accepting proposals for speakers and panels. Submit any recommendations by email to apiel.info@gmail.com.


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