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The Supreme Court on Monday denied an appeal by Johnson & Johnson seeking to halt lawsuits alleging that the company failed to warn consumers of the dangers posed by talcum powder in their products. Because the FDA did not require a warning label, Johnson & Johnson argues that Mississippi is barred from suing the company.
Share At oral arguments earlier this week the Supreme Court was skeptical of the Food and Drug Administrations effort to block a North Carolina-based company from challenging the denial of its application to market e-cigarettes in the conservative U.S. Court of Appeals for the 5th Circuit, based in Louisiana.
Advocates and legislators gathered outside of a supermarket in Brooklyn last week, rallying behind the End Predatory Court Fees Act, a piece of Albany legislation aimed at eliminating New York court surcharges and fees including mandatory minimum fines, incarceration on the basis of unpaid fines and fees and garnishment of commissary accounts. “In
While most Americans believe arrested people go to court soon after their arrest, Constitutional guarantees of a “fair and speedy trial” are infrequently honored in our under-resourced criminal justice system, according to a study produced by the Deason Criminal Justice Reform Center at the Southern Methodist University Dedman School of Law.
The court should decide the case based on text, history, and tradition, the methodology it applied in District of Columbia v. In Heller, the court eschewed an “interest-balancing” test under which judges “decide on a case-by-case basis whether the right is really worth insisting upon,” and it should do the same here.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the viability of certain types of disability-based claims under three federal statutes. courts of appeals are “nearly evenly divided” on this issue, the county asks for the justices’ review. Mississippi. Exby-Stolley.
The department pointed to the Arizona statute allowing a defendant sentenced to death to choose between lethal injection or lethal gas at least 20 days before the execution date. Lethal gas is permitted for executions in six other states: Alabama, California, Mississippi, Missouri, Oklahoma and Wyoming.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court will be considering a whopping 191 petitions and applications at this week’s conference. The court of appeals denied the Moores’ petition for panel rehearing and rehearing en banc.
Department of Justice (DOJ) are jointly responsible for enforcement of criminal civil-rights statutes, according to the BJS report. When these hate crime violations were prosecuted, more than nine in 10 defendants were convicted among the 310 defendants adjudicated in federal court.
Kirschenbaum — Last week, the United States Court of Appeals for the District of Columbia ruled that Section 340B of the Public Health Service Act does not prohibit pharmaceutical manufacturers from imposing conditions on the distribution of discounted drugs to covered entities in the program. By Sophia R. Gaulkin & Alan M.
This week we highlight cert petitions that ask the Supreme Court to consider cases and statutes about suing various government entities, ranging from two counties to a state governor to the United States itself. The district court ruled that Ex parte Young applied because Congress’ approval of the compact made it binding federal law.
It is the first day the court has welcomed the general public into the courtroom since early 2020. Besides the Supreme Court “ hard pass ” holders who could attend in person last year, we are now joined by some “day pass” reporters, including some who cover the court regularly but for one reason or another do not have hard passes.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court announced that it would hold its “mop up” conference for October Term 2022 on Thursday, after completing the day’s opinion announcements. A short explanation of relists is available here.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Back in January, we noted that the Supreme Court had relisted five petitions challenging the constitutionality of the controversial practice of acquitted-conduct sentencing. That brings us to Harness v.
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Before we discuss changes to the Supreme Court’s docket this week, a word about last week’s post. The court wound up taking both the case brought by two school board members, O’Connor-Ratcliff v. 3553(a).
From the news release by Karen Datangel: “This February, California courts and the Judicial Council of California join the nation in recognizing Black History Month. Some of them relate to California’s Supreme Court: In re Perkins (1852) 2 Cal. Lee later got his freedom from a federal court ruling. 31, 2022, 8.6%
The trial court ultimately ruled that the brother was incompetent and lacked capacity to sign the power of attorney for health care, that the power of attorney for health care was therefore invalid, and that the arbitration agreement was accordingly unenforceable. In Welch v. National Health Corp. , 3d 876 (Tenn. internal citation omitted).
In the context of countering plaintiffs’ assertion that the death was a homicide, defendant shared autopsy photographs of the son as well as some of his text messages, both of which were public records released by the Mississippi Attorney General’s Office. On appeal, this ruling was affirmed.
This week, a court in Georgia became the latest to declare such laws unconstitutional. 1982), the Supreme Court addressed a boycott of white-owned businesses in Mississippi. District Court Judge Mark Cohen ruled for Martin on the core constitutional challenge. Court of Appeals for the Eighth Circuit on Feb.
Yet when Malamud and his organization Public.Resource.Org , sought to publish the official statutes of the state of Georgia, the state sued him , accusing him in its court filing of engaging in “terrorism.” Arkansas, Idaho, Mississippi, New Mexico and Tennessee all do as well, according to Malamud. “If
A Mississippi judge Tuesday blocked a challenge to the state’s abortion ban, shutting down abortion access in the cascading aftermath of the US Supreme Court’s Dobbs v. Chancery Court Judge Debbra K. Wade and declared Mississippi’s abortion statute to be constitutional. Planned Parenthood.
“A Mississippi case leads US appeals court to strike down lifetime gun ban for drug users”: Margaret Baker of The Biloxi Sun Herald has this report. Lindsay Whitehurst of The Associated Press reports that “ Appeals court rules against longstanding drug user gun ban cited in Hunter Biden case.”
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. The Supreme Court will be considering 117 petitions and applications at this week’s conference. The court will be looking most closely at Kincaid v. . A short explanation of relists is available here.
Among the most common claims of politicians and media pundits is that the court’s decision means that states that choose to limit or ban abortion will also prohibit women from receiving life-saving medical care for ectopic pregnancies and miscarriages. a miscarriage]; or (C) remove an ectopic pregnancy.”
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Because the court was running a little behind this year and just released its last opinions on Thursday, the court also held the mop-up conference on Thursday, and the order list will be released Friday morning at 9:30 a.m.
Supreme Court is set to rule this summer to either maintain the 14th Amendment right to privacy protections for abortion established by Roe v. The Court is expected to release its opinion on Mississippi’s Dobbs v. The Court is expected to release its opinion on Mississippi’s Dobbs v.
Share The Supreme Court won’t weigh in on whether a West Point cadet who was sexually assaulted by a fellow classmate can sue the federal government. Lower courts struck down the law, and the state has asked the justices to take the case and reinstate it. The justices asked the federal government to provide its views in two cases.
Share A Texas law that bans abortions anytime a fetal heartbeat is detected will “immediately and catastrophically reduce abortion access in Texas” if it is allowed to take effect on Wednesday, a group of abortion providers told the Supreme Court on Monday. The Mississippi case, Dobbs v. 1 effective date.
Montana Department of Revenue , the Supreme Court ruled 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. In Carson v.
Texas authorities say they have the right to keep it under civil forfeiture statutes. Mississippi driver Ameal Woods knew his day was ruined when he saw red lights flashing in his rearview mirror on westbound Interstate 10 near Houston in 2019. Courts would describe the behavior as coercion in any other context.
Supreme Court heard oral arguments in one of the term’s most closely-watched cases. However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Several of the Court’s Conservative justices appeared willing to overrule both Roe and Casey.
Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, another case involving state abortion restrictions, as well as a constitutional challenge to limits placed on the repayment of “personal loans” made by political candidates to their own election campaigns. Wade , should be overruled.
Supreme Court heard oral arguments in one of the term’s most closely-watched cases. However, in defending its controversial abortion law, the State of Mississippi has asked the Court to overturn its prior decisions in Roe v. Several of the Court’s Conservative justices appeared willing to overrule both Roe and Casey.
The Supreme Court will hear one of the most important abortion cases in decades this week in in Dobbs vs. Jackson Women’s Health Organization. The state of Mississippi makes this claim in Dobbs v. By 1858 a majority of states had statutes criminalizing abortion at all stages.
A US federal court dismissed a Republican National Committee (RNC) challenge on Sunday to a Mississippi law that allows validly cast mail-in votes to be counted for up to five business days after election day. ” The Mississippi law requires that mail-in ballots be sealed and postmarked on or before election day.
The Minnesota Supreme Court Wednesday upheld a state law prohibiting convicted felons from voting while on probation or parole in a 3-1 ruling. The court rejected this argument. Justice Thissen’s opinion also held that the statute did not create the racially disparate impact of felony disenfranchisement.
During that period, as documented in a February 2, 2023 Fifth Circuit Court of Appeals decision , he was a dangerous, irresponsible criminal who terrorized his family and the community of Arlington. A state court in February 2021 issued a protection order against Rahimi after he allegedly assaulted his girlfriend. Supreme Court.
“Supreme Court Allows Challenge to Texas Abortion Law but Leaves It in Effect; The law, which bans most abortions after about six weeks of pregnancy, was drafted to evade review in federal court and has been in effect since September”: Adam Liptak of The New York Times has this report. ” David G. ” David G. .”
The Supreme Court heard oral argument on Monday in two challenges to S.B. But Monday’s argument focused primarily on the law’s unusual enforcement mechanism, which distinguishes it from similar abortion bans that have been enacted by other states (and that have been consistently struck down by federal courts). 1 at 5:45 p.m.
District Court for the Western District of Texas ruled that a Texas law requiring age-verification and warning labels about the alleged dangers of porn contravenes the First Amendment. The court found that “the statute is not narrowly tailored and chills the speech of Plaintiffs and adults who wish to access sexual materials. [it]
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. On Monday, the Supreme Court granted review in Vidal v. Otherwise, all of last week’s cases are back for another week at the court. Courts of Appeals for the D.C. First, the “old business.”
Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. Two of the relisted cases involve an issue sufficiently important that the court already came close to granting it in Trump v. Court of Appeals for the 8th Circuit rejected St.
Jackson Women’s Health Organization, a challenge to the Mississippi abortion law. The statement seemed directed at Sotomayor’s three new colleagues and the effort to use the new court composition to seek the reduction or overturning of Roe v. Here is the column: In Wednesday’s Supreme Court oral argument in Dobbs v.
A federal judge ruled Sunday that Mississippi officials can create the planned state-run court in Jackson, the state capital, where the majority of residents are Black, despite objections from the NAACP. ” The original lawsuit accuses Mississippi Governor Tate Reeves and other state officials of unfairly singling out Jackson.
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