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Author Archives: Kevin Daley

Supreme Court To Weigh Democrats’ Last-Ditch Bid To Resolve Obamacare Challenge By Summer

US Supreme Court

The Supreme Court will discuss a challenge to the Affordable Care Act’s (ACA) individual mandate in private conference on Feb. 21.  Democrats who are defending Obamacare in court want the justices to hear the case immediately so it can be resolved by June. The Trump administration says the high court’s involvement at this stage would be premature.  The Supreme Court ...

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Supreme Court Allows Trump To Enforce Rule Barring Green Cards For Migrants Using Social Services

The Supreme Court Monday allowed the Trump administration to enforce a new rule that will deny green cards to foreign nationals who use taxpayer-funded social services, lifting lower court injunctions that blocked the change. The 5-4 vote followed familiar ideological lines, with Justice Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan in dissent. The Immigration and Nationality Act ...

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Michelle Carter Released From Jail After Encouraging Boyfriend’s Suicide

Michelle Carter, the Massachusetts woman convicted of involuntary manslaughter for encouraging Conrad Roy III to commit suicide, was released from prison Thursday after serving 11-months of a 15-month sentence. Carter’s case commanded national attention because of its First Amendment implications. Her conviction marked the first time an individual was held criminally liable for exhorting another to commit suicide, even though ...

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Supreme Court To Decide On ‘Faithless Elector’ Bans, Obamacare Contraception Mandate

US Supreme Court

The Supreme Court took up two high profile disputes Friday as it rounds out its docket for the 2019-2020 term, agreeing to decide on the Trump administration’s bid to enforce exemptions from the Obamacare contraception mandate for religious dissenters, and whether state laws punishing “faithless” presidential electors are unconstitutional. The latter case will be decided just months before the 2020 ...

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Democrats Push To Suspend Judicial Confirmations During Impeachment Trial

Democratic Sen. Kamala Harris of California and a coalition of leftwing advocacy groups are pressing Senate Republicans to suspend consideration of judicial nominations during President Donald Trump’s impeachment trial. Harris, who sits on the Senate Judiciary Committee, said it would be “wholly inappropriate” to confirm judges while the Senate considers whether Trump should be removed from office. “The president is ...

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Supreme Court Turns To Internet Meme For Help In Age Bias Case

Though few institutions in public life are as removed from internet meme culture as the U.S. Supreme Court, a cutting rejoinder popular in social media made an appearance during a Wednesday case about an age discrimination statute. Chief Justice John Roberts wondered if the phrase “OK, boomer,” popular among young people as a dig at Baby Boomers, might be enough ...

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Supreme Court Justices Appear Skeptical Of ‘Bridgegate’ Corruption Convictions

US Supreme Court

Members of the Supreme Court appeared skeptical Tuesday that onetime aides to former New Jersey Gov. Chris Christie committed a federal crime when they reallocated traffic lanes on the George Washington Bridge to punish a political rival. Though the outcome was far from certain, a number of justices seemed to think that prosecutors abused federal anti-corruption statutes to obtain indictments ...

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Supreme Court Rejects Appeal Of Michelle Carter, Convicted For Encouraging Boyfriend’s Suicide

US Supreme Court

The Supreme Court declined Monday to hear the appeal of Michelle Carter, the Massachusetts woman convicted of manslaughter in connection with her boyfriend’s 2014 suicide. A state court said that Carter engaged in a “systematic campaign of coercion” that culminated in Conrad Roy’s suicide. Carter counters that the contested speech is protected by the First Amendment. Carter’s conviction set off ...

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Trump Administration Tells Supreme Court Not To Fast-Track Obamacare Challenge

US Supreme Court

The Trump administration told the Supreme Court there is no reason to fast-track its consideration of two petitions seeking review of a lower court decision that struck down the Affordable Care Act’s individual mandate. A coalition of blue states and congressional Democrats asked the high court to decide whether to hear their appeal as soon as possible. The Department of ...

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Supreme Court Orders Fast Response In Obamacare Challenge

US Supreme Court

The Supreme Court ordered the Trump administration and a coalition of red states to respond by Friday to a petition asking the justices to immediately take up a challenge to the Affordable Care Act (ACA). Setting the case on an expedited timeline ensures the justices can hear the case during the current term if they so choose. A coalition of ...

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First Amendment Challenge To Mandatory Membership, Bar Fees Reaches Supreme Court

US Supreme Court

Approximately 30 states require lawyers to join a bar association and pay membership fees in order to practice law. Two lawyers are challenging that regime on First Amendment grounds. The plaintiffs say the Supreme Court’s 2018 decision barring mandatory “agency fee” payments to public sector unions forecloses the integrated bar regime.  The dispute is one of several testing the reach ...

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Roberts Urges Judges To Promote Public Confidence, As Divisive Supreme Court Term Looms

Chief Justice John Roberts lamented that misinformation is flourishing online and urged judges to conduct their work in a manner that promotes public faith in fair and impartial judging in his annual year-end report on the federal judiciary. The report pressed judges to be at the vanguard of civic education in their formal work and in their other activities. “In ...

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Sarah Palin Seeks NYT Advertising Revenue As Libel Lawsuit Heads Toward Trial

Former Alaska Governor Sarah Palin filed a new complaint in her libel lawsuit against The New York Times, after the paper published an editorial that falsely linked Palin to the 2011 shooting of former Democratic Rep. Gabby Giffords. The new filing, which proceeds a jury trial that will begin in June, seeks financial damages as well as any advertising revenues ...

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Quick Decision In McGahn Subpoena Case Will Trap Courts In Political Power Contest, DOJ Warns

The Department of Justice (DOJ) warned the U.S. Court of Appeals for the D.C. Circuit that a swift ruling on a House committee’s subpoena to former White House counsel Don McGahn could amount to improper judicial interference with impeachment proceedings. In a Monday legal filing, DOJ lawyers said the dispute bears on the second impeachment article the House adopted against ...

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