Posts Tagged ‘ SCOTUS ’

SCOTUS: Dentists can’t abuse state power to ban competition

February 25, 2015
posted by

Modern Healthcare    

"The U.S. Supreme Court ruled Wednesday that a North Carolina dental regulatory board, made up mostly of dentists, illegally suppressed competition when they told non-dentists to stop offering teeth-whitening services. ... he Federal Trade Commission deemed the dental board's actions an illegal suppression of competition. That ruling was upheld by the 4th U.S. Circuit Court of Appeals. Lawyers for the board argued it should be immune from antitrust laws because it's a state agency. ... In an opinion written by Justice Anthony Kennedy, the justices sided with the FTC, saying that North Carolina did not actively supervise the dental board, meaning it was not immune from antitrust action." (02/25/15)

http://tinyurl.com/ktlqsj7  

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SCOTUS ruling could deal ObamaCare severe blow

February 12, 2015
posted by

San Francisco Chronicle San Francisco Chronicle    

"Thousands of people signing up for health insurance this weekend may not realize it, but their coverage under President Obama's law could be short lived. The 2015 enrollment season, which ends Sunday, has avoided last year's website meltdown so far. But a Supreme Court case could result in millions of consumers losing financial assistance for their premiums later in the year. The Affordable Care Act still sits on shifting political sands." (02/12/15)

http://tinyurl.com/petjvyv  

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AL: Marriage apartheid ends as SCOTUS declines stay

February 10, 2015
posted by

Bradenton Herald    

"Alabama began issuing marriage licenses to same-sex couples Monday, despite an 11th-hour attempt from the state's chief justice -- an outspoken opponent -- to block the weddings. The U.S. Supreme Court said Monday morning that it wouldn't stop the marriages from beginning in the state, and shortly after, Jefferson County probate judge Alan King issued several licenses. He did so despite Chief Justice Roy Moore's Sunday night order to all probate judges, directing them to refuse to issue the licenses." (02/09/15)

http://tinyurl.com/oqkebf8  

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TX: SCOTUS blocks scheduled state killing

February 5, 2015
posted by

ABC News ABC News    

"A Texas inmate set to be [killed] next week for fatally shooting four men at an airplane hangar more than 30 years ago won a reprieve Thursday from the U.S. Supreme Court. Lester Bower Jr., 67, among the longest-serving Texas death row inmates, had been scheduled for lethal injection Tuesday. The justices gave no reason for the reprieve, saying only that it would be lifted automatically if they deny an appeal or act on it." (02/05/15)

http://tinyurl.com/qczqx7t  

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Prediction: SCOTUS’s Lethal injection review could kill death penalty

February 4, 2015
posted by

Raw Story Raw Story    

"Last week, the Supreme Court put three executions in Oklahoma on hold as it reviews the constitutionality of the state's death penalty protocol. If the nation's top court strikes down Oklahoma's lethal injection procedure, what would it mean for the death penalty? ... The court is assessing Oklahoma's use of the drug midazolam, a sedative used in its three-drug lethal injection protocol. According to the Death Penalty Information Center, five states have used midazolam for their executions, and at least five other states have proposed using it." (02/04/15)

http://tinyurl.com/m8hqhl7  

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AL: Marriage apartheid could end next week; Strange anti-family pol asks SCOTUS for stay

February 3, 2015
posted by

Seymour Tribune    

"A federal appeals court on Tuesday cleared the way for same-sex marriages to begin Monday in Alabama, but the state's attorney general made a last-ditch attempt to keep the weddings on hold. A three-judge panel of the 11th U.S. Circuit Court of Appeals on Tuesday refused to delay a district judge's decision that overturned Alabama's gay marriage bans. That would appear to pave the way for Alabama to become the 37th state where gays can legally wed. ... Attorney General Luther Strange asked the U.S. Supreme Court to halt the weddings until the justices settle the issue nationwide when they take up gay marriage later this year. The attorney general predicted there will be 'unnecessary confusion' next week among local officials who issue marriage licenses absent a stay." [editor's note: Florida AG Pam Bondi tried the "confusion" argument, too. I'm not sure why county clerks would be "confused" by not having to peek inside trousers and up skirts before issuing the same paperwork they've issued for 150 years, give or take. If I was a county clerk I think I might be a little insulted that attorney generals think I'm that damn dumb - TLK] (02/03/15)

http://tinyurl.com/n85ae6k  

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OK: SCOTUS temporarily forbids three state killings

January 28, 2015
posted by

MSNBC MSNBC    

"The U.S. Supreme Court on Wednesday granted a stay of [pre-planned state killing] for three Oklahoma death row inmates until the justices rule on a separate challenge involving the controversial sedative midazolam, NBC News'[s] Pete Williams reported. The court's order on Wednesday came just five days after the justices decided to take up the challenge this spring over the use of midazolam, which was used recently in problematic [state killings] in Arizona, Ohio, and Oklahoma. The justices' decision marked the first time since 2008 that the high court has agreed to hear a challenge to the legality of lethal injection." (01/28/15)

http://tinyurl.com/oe3wtwg  

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Did Supreme Court telegraph its ultimate ruling on gay marriage?

January 21, 2015
posted by

Ilya Shapiro Cato Institute
by Ilya Shapiro  

"As any good lawyer knows, framing the question you ask a court is just as important — often more important — than providing a well-argued answer that helps your client. Well, when the Supreme Court, as expected, decided to take up gay marriage, it unexpectedly reframed the 'questions presented' in the four cases it took up and consolidated for argument. Instead of accepting any of the formulations presented in the four petitions for review, it asked the parties to brief these two questions: 1. Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2. Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?" (01/20/15)

http://tinyurl.com/nq38vlm  

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SCOTUS rules for bearded Muslim inmate

January 20, 2015
posted by

PBS Newshour [US state media]    

"The Supreme Court is siding with a Muslim prison inmate in Arkansas who sued for the right to grow a short beard for religious reasons. ... The justices said that inmate Gregory Holt could maintain a half-inch beard because Arkansas prison officials could not substantiate claims that the beard posed a security risk. Holt claimed that he has a right to grow a beard under a federal law aimed at protecting prisoners' religious rights." (01/20/15)

http://tinyurl.com/k44wkvn  

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SCOTUS rules for Teva over MS drug patent

January 20, 2015
posted by

Reuters Reuters    

"The U.S. Supreme Court on Tuesday ruled that Teva Pharmaceutical Industries Ltd can still benefit from patent protection for top-selling multiple sclerosis drug Copaxone, dealing a blow to generic drugmakers looking to market a cheaper rival product. In a 7-2 vote, the justices sent the case back to the U.S. Court of Appeals for the Federal Circuit for further review saying it had not used the correct approach in analyzing whether the patent, due to expire in September 2015, was valid. The appeals court had thrown out the patent in 2013." (01/20/15)

http://tinyurl.com/ow5cfth  

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SCOTUS to rule on marriage apartheid

January 19, 2015
posted by

San Francisco Chronicle San Francisco Chronicle    

"The Supreme Court agreed Friday to rule on the constitutionality of same-sex marriage .... Now that 36 states and the District of Columbia, holding about three-fourths of the country's population, permit same-sex marriages, legal experts believe the high court is ready to settle the matter once and for all. Faced with a split in the appellate courts, the justices will hear 2 1/2 hours of oral arguments in April and issue a ruling before the court term ends in June." (01/16/15)

http://tinyurl.com/nr4nk9s  

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Oklahoma, Florida regimes kill prisoners

January 16, 2015
posted by

Los Angeles Times    

"Oklahoma and Florida [killed] two prisoners Thursday night, after the U.S. Supreme Court narrowly gave the go-ahead, despite concerns about the mixture of lethal drugs used for the injections. Charles Frederick Warner, 47, was pronounced dead at 7:28 p.m., at a prison facility in McAlester, Okla. Warner was convicted of the rape and murder of an 11-month old girl in Oklahoma City in 1997. Johnny Shane Kormondy, 42, was pronounced dead at 8:16 p.m., at Florida State Prison. He was the convicted ringleader of a 1993 Pensacola home invasion robbery that ended in the murder of a banker and the rape of his wife. Both [killings] were delayed by two hours, as the U.S. Supreme Court weighed in on the executions." (01/15/15)

http://tinyurl.com/psbk7fs  

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SCOTUS rejects Louisiana marriage apartheid case, takes no action on four others

January 12, 2015
posted by

Reuters Reuters    

"The U.S. Supreme Court, which is in the midst of deciding whether to take up the issue of gay marriage, on Monday declined to take an early look at a challenge to Louisiana's state ban. The court took no action on four other pending cases concerning gay marriage bans in Ohio, Michigan, Kentucky and Tennessee, but could act on those cases as soon as later this week. The decision not to hear the Louisiana case was not unexpected as gay rights advocates had sought to skip the regular judicial process by seeking Supreme Court review before the case had been decided by an appeals court." (01/12/15)

http://tinyurl.com/pya369g  

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SCOTUS to meet again to decide on hearing marriage apartheid appeals

January 8, 2015
posted by

Reuters Reuters    

"The nine justices of the Supreme Court, who opted in October not to take up the issue of state bans on gay marriage, are set to meet behind closed doors on Friday to consider once again whether to hear any cases on the contentious issue. The court has five cases pending concerning same-sex marriage prohibitions in Ohio, Tennessee, Michigan, Kentucky and Louisiana. The legal issue is whether the state bans violate the U.S. Constitution's guarantee of equal protection under the law. An announcement could be made as soon as Friday after the justices meet as part of their customary private deliberations over which new cases to hear." (01/08/15)

http://tinyurl.com/nfkd6z7  

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SCOTUS to adopt electronic filing

January 1, 2015
posted by

NBC News NBC News    

"The U.S. Supreme Court will switch to electronic case filing within the next two years -- a move most of the nation's courts have long since made. But even when the Supreme Court fully adopts computer filing within the next two years, it will not abandon paper, said Chief Justice John Roberts in his annual year-end report on the federal judiciary. ... Once the system is operational, all official filings will be available to the public at no cost on the court's website." (12/31/14)

http://tinyurl.com/jvzsmvh  

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The Court and ObamaCare

December 18, 2014
posted by

Michael D. Tanner Cato Institute
by Michael D. Tanner  

"Probably no later than next June, we can expect the Supreme Court to rule on whether the Obama administration can provide subsidies for Obamacarethrough federally run exchanges despite explicit language in the law that limits subsidies to 'an exchange established by a State.' There is no guarantee, of course, about how the Court will rule." (12/17/14)

http://www.cato.org/publications/commentary/court-obamacare  

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SCOTUS bars Arizona from denying driver’s licenses to immigrants

December 18, 2014
posted by

Reuters    

"The U.S. Supreme Court on Wednesday blocked the state of Arizona from enforcing a policy that denies driver's licenses to young immigrants granted legal status [sic] by President Barack Obama in 2012. The court denied the request by Arizona Governor Jan Brewer to place a hold on a ruling from the San Francisco-based 9th U.S. Circuit Court of Appeals, which said the policy had no legal basis. The state must now let roughly 20,000 eligible immigrants apply for driver's licenses." (12/17/14)

http://tinyurl.com/pjf36t5  

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FL: Bondi asks SCOTUS to keep marriage apartheid in place because “confusion”

December 17, 2014
posted by

Tampa Bay Times    

"Less than two weeks after a federal court refused to temporarily block gay marriages from taking place, Florida Attorney General Pam Bondi on Monday asked the U.S. Supreme Court to intercede. ... Because only one clerk of court is named in the federal lawsuit, she said, the other 66 Florida county clerks are not legally bound by the judge's order and could make vastly different decisions. 'The public interest is not served by having two sets of marriage laws in Florida or by confusion about the law,' she wrote. American Civil Liberties Union staff attorney Daniel Tilley said there's no validity to this argument. The August decision by U.S. Judge Robert L. Hinkle of Tallahassee applies to all of Florida's clerks, as well as its state government officials, he said." (12/16/14)

http://tinyurl.com/ortfxu9  

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SCOTUS to weigh UPS pregnancy discrimination claim

December 2, 2014
posted by

Reuters Reuters    

"Delving into the sensitive subject of women's rights in the workplace, the U.S. Supreme Court will consider on Wednesday whether employers must provide accommodations for pregnant workers who may have a hard time doing their usual job duties. The case concerns whether package delivery company UPS Inc treated part-time truck driver Peggy Young unfairly in 2006 by denying her request for temporary changes in her work duties. With women making up almost half the U.S. workforce, the court's ruling in the case could have broad ramifications." (12/02/14)

http://tinyurl.com/mhm4tpf  

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Heart stent for SCOTUS justice Ginsburg, 81

November 27, 2014
posted by

San Jose Mercury News    

"Supreme Court Justice Ruth Bader Ginsburg had a heart stent implanted on Wednesday, reviving talk about how long the 81-year-old liberal jurist will be staying on the court. Ginsburg was expected back at work on Monday, but her hospitalization -- just three weeks after elections handed Republicans control of the Senate -- raised anew the question whether President Barack Obama would be able to appoint a like-minded replacement." (11/27/14)

http://tinyurl.com/ngkyo8a  

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KS: SCOTUS declines to extend marriage apartheid

November 13, 2014
posted by

Topeka Capital-Journal    

"Same-sex marriage came to Kansas Wednesday after the U.S. Supreme Court declined to further delay the unions. The court lifted a stay preventing the marriages late Wednesday afternoon, allowing clerks to begin issuing licenses immediately. The court’s decision came in a one-page order. Justice Antonin Scalia and Justice Clarence Thomas dissented. No explanation of the ruling was given. With the order, Kansas became the 33rd state with same-sex marriage." (11/12/14)

http://tinyurl.com/n462uyo  

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Supreme Court shirks responsibility in avoiding Sixth Amendment case

October 24, 2014
posted by

Ilya Shapiro Cato Institute
by Ilya Shapiro  

"Jones, a constitutional criminal procedure case, was the court’s latest big 'decision not to decide.' The issue there was whether a defendant can be sentenced for conduct of which he was acquitted, based on facts that the judge determined. (Read that sentence again; I’m not making this up.)" (10/22/14)

http://tinyurl.com/lp7vlgy  

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SCOTUS: Ginsburg revises dissent on Texas voter suppression law

October 23, 2014
posted by

Fox News Fox News    

"The U.S. Supreme Court made a rare correction on Wednesday to a dissent written by Justice Ruth Bader Ginsburg on Texas' controversial new voter-identification law. ... Aside from 'small stylistic changes,' Wednesday’s correction erases one sentence from Ginsberg’s official dissent that refers to photo identification cards issued by the U.S. Department of Veterans' Affairs not being an acceptable form of ID in Texas -- when they actually are." (10/23/14)

http://tinyurl.com/nexpyz9  

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SCOTUS leaves California foie gras ban intact

October 14, 2014
posted by

Reuters    

"In a victory for animal rights activists, the U.S. Supreme Court on Tuesday allowed California to continue to ban foie gras, a delicacy produced from the enlarged livers of ducks and geese that have been force-fed corn. Rejecting a legal challenge to the law, the court declined to hear an appeal filed by restaurants and producers of foie gras. In doing so, the high court left intact an August 2013 ruling by the 9th U.S. Circuit Court of Appeals upholding the law. California enacted the law in 2004 but it did not go into effect until 2012." (10/14/14)

http://tinyurl.com/mb3dz2l  

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NV: Kennedy’s order preserving marriage apartheid was in error

October 9, 2014
posted by

San Francisco Chronicle    

"Supreme Court Justice Anthony Kennedy mistakenly blocked the start of same-sex marriage in Nevada in an order that spawned confusion among state officials and disappointment in couples hoping to be wed. Court spokeswoman Kathy Arberg confirmed this mix-up Thursday, saying Kennedy's order issued a day earlier was an error that the justice corrected with a second order several hours later. The 9th U.S. Circuit Court of Appeals in San Francisco declared bans on same-sex marriage in Idaho and Nevada illegal on Tuesday. Idaho quickly asked the Supreme Court for a delay, but Nevada planned to allow same-sex weddings to proceed. The trouble arose because Idaho's request to the court included a document from the appeals court that listed case numbers for both states." (10/09/14)

http://tinyurl.com/oovdcjv  

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