Search Results for: Tenth Amendment

The US Supreme Court, on Thursday in a 5-3 decision, voted to reinstate the execution of John Marion Grant, allowing Oklahoma to commit its first execution in six years. A shortage of the traditionally accepted lethal injection drug cocktail has led states to experiment with new combinations. In 2014 and 2015, the state of Oklahoma [...]

The US Supreme Court issued two unsigned orders Monday regarding qualified immunity for police officers. The first of the unsigned orders involves Rivas-Villegas v. Cortesluna, a case based on an incident in 2016. Daniel Rivas-Villegas is a police officer who responded to a 911 call from a 12-year-old girl reporting that she, her sibling, and [...]

The US Supreme Court ruled 5-3 Thursday in Torres v. Madrid that a Fourth Amendment seizure was effectuated when officers applied physical force with the intent to restrain, even if the person of interest did not submit and was not subdued. Torres was approached by two officers whom she believed were carjackers. She ignored their [...]

The US Supreme Court granted review in 14 new cases on Friday on issues ranging from the eligibility of temporary protected status immigrants to become lawful permanent residents to the application of the CARES Act to Alaska Native Corporations. The first two cases are Americans for Prosperity v. Becerra and Thomas More Law Center v. [...]

A US federal district court judge on Friday granted a preliminary injunction to plaintiffs alleging that federal officers violated protestors’ free speech rights in summer protests in Portland, Oregon. The lawsuit was originally filed in July by two Oregon state lawmakers, Janelle Bynum and Karin Power, legal observer Sara Eddie, as well as the First [...]

The US Supreme Court heard oral arguments Wednesday in the cases of Torres v. Madrid and Pereida v. Barr. The court heard the arguments by telephone with live-streamed audio. The petitioner in Torres was operating a vehicle under the influence, and in the process of trying to get away, endangered the two officers pursuing her. In the process, [...]

The Pennsylvania Superior Court ruled Monday that the Protection of Lawful Commerce in Arms Act of 2005 (PLCAA), a federal gun industry protection law, is unconstitutional. In 2016 a 13-year-old boy was accidentally shot and killed by his friend when the friend mistakenly believed that a gun was unloaded. The boy’s parents sued Springfield Armory, [...]

The US Fifth Circuit Court of Appeals has overturned a decision that would have required the federal government to return more than $479 million to six states that argued that the federal government had illegally collected a fee from them under the Affordable Care Act (“ACA”). Texas, Kansas, Louisiana, Indiana, Wisconsin, and Nebraska challenged the [...]

President Trump in recent days unveiled his latest tactic to clamp down on sanctuary jurisdictions. Having failed in his earlier efforts, the President now seeks to withhold the next round of federal stimulus funding from sanctuary jurisdictions in order to strong-arm them into changing their policies. Congress should categorically reject this hostile move and, instead, [...]

The US Supreme Court concluded oral arguments on Wednesday for the October 2019 term by hearing two cases that may impact the upcoming presidential election. Chiafalo v. Washington and Colorado Department of State v. Baca both ask whether the Constitution prevents a state from requiring its presidential electors to comply with the state’s popular vote [...]