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The US Supreme Courtruled unanimously Wednesday that the Department of Health and Human Services (HHS) may not cut Medicare drug reimbursement for a specific group of hospitals without a survey of hospitals’ pharmaceutical acquisition costs. Justice Brett Kavanaugh delivered the opinion of the court, reversing the DC circuit.
In a unanimous decision on Wednesday, the US Supreme Courtruled that the heirs of Jewish art dealers cannot bring a lawsuit in US courts against Germany over the alleged forced sale of art and artifacts under the Nazi regime. The Court directed the lower court to reconsider the case in light of the opinion in Germany v.
Natural Resources Defense Council , the Supreme Courtruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron. Share Nearly 40 years ago, in Chevron v.
Suri told the justices that this was not a question of convenience, but instead about Congresss choice in the statute to delineate where cases can be brought. RJR Vapor is incorporated and located in North Carolina, where challenges to the FDAs denials of applications to sell e-cigarettes had been unsuccessful.
With the acquisition, Fastcase became the sole legal research provider for the bar associations of all 50 states, the District of Columbia, the U.S. He described the service as a basic research service with cases, statutes, administrative materials and courtrules. million lawyers in the country.
All 50 states and the District of Columbia allow “initial aggressor” limitations on self-defense claims. Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression. Nevertheless, according to the paper written by Cynthia Lee, the Edward F.
The case promises to be a showdown between the Supreme Court and lower courts, which have been chipping away at the high court’s prior Second Amendment rulings. In 2008, the Supreme Court handed down a landmark ruling in District of Columbia v. Two years after Heller, in McDonald v.
Federal Court Found Flaws in New Climate Change Analysis for Wyoming Oil and Gas Leases. The federal districtcourt for the District of Columbiaruled that the U.S. Federal Court Said NOAA Justified Redaction of Communications Between Climate Scientist and White House During Obama Administration.
Circuit also rejected EPA’s argument that the court did not have authority to review stays issued under Section 307(d)(7)(D) of the Clean Air Act. Thirteen states, the District of Columbia, and the City of Chicago sought leave to intervene on behalf of the petitioners. Department of the Interior Secretarial Order No.
That provision, Section 324 of the act, also stripped federal courts of the power to review challenges to those permits and channeled all challenges to the constitutionality of the act to the U.S. Court of Appeals for the District of Columbia Circuit. This article was originally published at Howe on the Court.
10, 2022, a judge in the Western District of Texas struck down the federal law that prohibits access to guns for people subject to domestic violence protection orders. Supreme Courtruling, NYSRPA v. Ruling that these laws are unconstitutional will put mainly women and children in danger. He did this based on a 2022 U.S.
An Oregon-based timber company went to federal court in Oregon to challenge the monument’s expansion. Meanwhile, a trade association representing the Pacific Northwest timber industry went to federal court in the District of Columbia with a similar challenge. But the D.C. On appeal, the U.S. United States and Murphy Co.
The court denied the first motion on technical grounds, citing plaintiffs’ failure to meet and confer with the other parties before filing the motion, as required by local courtrules. For background, in January 2024, Green Oceans filed a complaint in the U.S.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether the House of Representatives may vote by proxy, when the statute of limitations begins for state prisoners seeking DNA testing, a football coach’s post-game prayer and Texas’ new anti-abortion law. The districtcourt and U.S.
Montana Department of Revenue , the Supreme Courtruled that although states are not required to subsidize private education, states that choose to do so cannot exclude religious schools from receiving funding simply because they are religious. A new case on public funding and religious education. Last year, in Espinoza v.
The federal government also is subject to the Religious Freedom Restoration Act (RFRA), which prohibits the government and other covered entities like the District of Columbia from “substantially burden[ing]” a person’s exercise of religion. They also can refile if the lower court has not reached a decision by Oct.
Judge Colleen Kollar-Kotelly in the DistrictCourt for the District of Columbia has caused a bit of a stir after a hearing in a criminal case where she called for briefing on the alternative grounds for the right to an abortion. That does not mean that the Court was right and many disagree with the holding.
Today, 44 states and the District of Columbia have laws aiming to protect fetal development from drugs or alcohol. The National Advocates for Pregnant Women, a legal advocacy group, says Wisconsin’s fetal protection law is the most “egregious” of the civil statutes in the country. A court win — ‘then they took it away’ .
Notably, Sotomayor pointed out another allegedly “political” decision in the court’s recognition of an individual right to bear arms; she and Breyer both indicated a willingness to overturn the ruling in that case, District of Columbia v. The 1896 ruling of Plessy v. Ferguson was overturned in Brown v.
In court papers, she was identified only as “L.C.”. Four years later, her case reached the Supreme Court. In a 6-3 opinion by Justice Ruth Bader Ginsburg, the courtruled in Olmstead v. Glucksberg , a case in which he helped persuade the court to unanimously uphold Washington’s ban on physician-assisted suicide.
Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. He and his co-counsel, Philip Hirschkop, took the case to the Supreme Court. Virginia , the court did find the statute unconstitutional.
In a closely watched decision stemming from the January 6, 2021, Capitol riot, the US Supreme Courtruled on Friday that the government must prove a defendant impaired or attempted to impair the availability or integrity of evidence to be convicted under a key obstruction statute.
The court also granted motions to strike the state law claims pursuant to California’s anti-SLAPP (Strategic Lawsuits Against Public Participation) statute. The court granted the company leave to amend its complaint with 21 days. Resolute Forest Products, Inc. Greenpeace International , No. 3:17 -cv-02824 (N.D.
Court of Appeals for the District of Columbia Circuit from 2002 to 2003. Circuit to the Supreme Court, where she clerked for Justice John Paul Stevens during the 2003-04 term. After graduating from Yale in 2001, she spent a year working as an associate at Jenner & Block in Washington, D.C., Kruger went from the D.C.
The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Exxon Mobil Corp. , 1:21-cv-04807 (S.D.N.Y.).
The federal districtcourt for the District of South Dakota temporarily enjoined enforcement of provisions of a riot boosting statute enacted in South Dakota in 2019 in response to anticipated protests of the Keystone XL pipeline. 19-1140 et al. Department of Transportation, and NHTSA.
Empire Health Foundation did not mention Chevron at all, even though Chevron loomed large in the briefing for both cases, which involved agency interpretations of complex Medicare statutes. Instead, the court simply interpreted the two statutes at issue by looking primarily at the statutes’ text and structure.
The court directed the parties to submit a proposed format for briefing within 30 days. Circuit to hold the cases in abeyance was to allow the federal district for the District of Columbia to resolve cases challenging NHTSA’s action that raise similar legal issues. One reason the petitioners asked the D.C.
The statute is below. After the riot, District of Columbia Attorney General Karl Racine was widely praised when he announced that he was considering arresting Trump, Donald Trump Jr., Colorado, the Supreme Courtruled that criminal threats must be based on a showing of a culpable mental state.
The US Supreme Court Monday stayed an order from the US DistrictCourt for the District of Columbia blocking Title 42, a health policy used to deny migrants and asylum-seekers at the US border. The plaintiffs argue that Title 42 does not authorize deportation.
On Wednesday, the justices will hear oral arguments on whether a federal appeals court improperly required her to meet a more stringent standard for her case to go forward than if she had been a member of a minority group for example, if she had been a lesbian. Ames came to the Supreme Court seeking review of the 6th Circuits decision.
After Chutkan denied that request in December, it was Smith who came to the Supreme Court , asking the justices to weigh in on Trump’s claim to immunity without waiting for the U.S. Court of Appeals for the District of Columbia Circuit to rule on Trump’s appeal. The justices denied that request on Dec.
By law, the program is available in all 50 states, the District of Columbia, and the Northern Mariana Islands, but not in Puerto Rico or other U.S. Two lower courtsruled in favor of Vaello-Madero. Arguments at the Supreme Court. territories.
After the riot, District of Columbia Attorney General Karl Racine announced that he was considering arresting Trump, Donald Trump Jr., Indeed, such a claim would contradict controlling Supreme Court precedent. There are other crimes that have been proven. Those are plenty to start with.”. Rudy Giuliani and U.S. ” .
A magistrate judge in the federal districtcourt for the District of Colorado recommended that the court grant an underground coal mine operator’s motion to dismiss a Clean Air Act citizen suit that alleged the mine required a Prevention of Significant Deterioration construction permit and a Title V operating permit.
Federal Court Dismissed Challenge to Executive Order on Reducing Regulation. The federal districtcourt for the Eastern District of California held that more analysis of the impacts climate change would have on a water transfer program for the Sacramento/San Joaquin Delta was required under NEPA.
COUNT FOUR (Violation of a Public Safety Statute: D.C. COUNT FIVE (Violation of a Public Safety Statute: D.C. In 2011, the courtruled 8-1 in favor of Westboro Baptist Church, an infamous group of zealots who engaged in homophobic protests at the funerals of slain American troops. Code § 22-1322 – Incitement to Riot).
Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.
A different set of plaintiffs challenged the Trump EPA’s decision to repeal the Clean Power Plan, as well as its adoption of the ACE Rule. Court of Appeals for the District of Columbia Circuit vacated the repeal of the Clean Power Plan, vacated the ACE Rule, and sent the issue back to the EPA for additional proceedings.
In a 5-4 ruling, the Supreme Court delivered a victory to the Trump Administration on the deportations under the 1798 Alien Enemies Act of suspected gang members of Tren de Aragua. The Courtruled that U.S. Rather, as some of us previously argued, the Courtruled that this is a habeas case that should be heard in Texas.
Court of Appeals for the 6th Circuit to lift those orders while they appealed. The court of appeals refused, instead expediting argument. By a split vote, the 6th Circuit then reversed the lower courts’ rulings , concluding that the states were likely to win their appeals. The court thus allowed the laws go into effect.
With respect to federal-officer jurisdiction, the districtcourt noted that this case was similar to County of San Mateo v. in which the Ninth Circuit affirmed a districtcourt finding that the federal-officer removal statute did not provide jurisdiction. Chevron Corp.
Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The court further found that EPCA’s legislative history did not support the plaintiff’s “expansive interpretation.”
Instead, Monday’s orders focused primarily on turning down appeals, including on issues like voting representation for the residents of the District of Columbia and funding for the wall along the U.S. A three-judge districtcourtruled that D.C. border with Mexico. In Robertson v. Personalweb Technologies v.
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