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Legal News
25 Jan 2016
by Alexandra Farone

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Monday in Musacchio v. US [SCOTUSblog backgrounder] that sufficiency of the evidence appeals should not be based on the elements in an erroneous jury instruction, but rather on the elements of the crime charged. Musacchio was found guilty of unauthorized … [read more]


Legal News
25 Jan 2016
by Bradley McAllister

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] unanimously Monday in Menominee Indian Tribe of Wisconsin v. United States [SCOTUSblog materials] that equitable tolling does not apply to the presentment of a tribe's contract claim. The Menominee Tribe contracted with the Indian Health Service (IHS), under the terms … [read more]


Legal News
25 Jan 2016
by Bradley McAllister

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 6-2 Monday in favor of the Federal Energy Regulatory Commission (FERC) [official website] in the case of FERC v. EPSA [SCOTUSblog materials], upholding a 2011 rule regulating the market for wholesale demand response. Demand response is a program in which … [read more]


Legal News
25 Jan 2016
by Taylor Isaac

The US Supreme Court [official website] ruled [opinion, PDF] Monday in Montgomery v. Louisiana [SCOTUSblog backgrounder] that a landmark decision banning mandatory sentences of life without parole for juveniles should apply retroactively. The Supreme Court reached that decision [JURIST report] in Miller v. Alabama and Jackson v. Hobbs [SCOTUSblog backgrounders] … [read more]


Legal News
25 Jan 2016
by Taylor Isaac

The US Supreme Court [official website] on Monday denied certiorari [order list, PDF] in a case regarding a North Dakota law that would ban abortion as soon as a heartbeat is detectable, as early as six weeks. The Abortion Control Act [text, PDF] was struck down by the district court … [read more]


Legal News
21 Jan 2016
by William Helbling

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday in Campbell-Ewald Company v. Gomez [SCOTUSblog backgrounder] that an unaccepted settlement offer to a lead plaintiff in a class action lawsuit does not end the legal challenge. The class action suit dealt with unsolicited text messages sent from the … [read more]


Legal News
20 Jan 2016
by Bradley McAllister

[JURIST] The government of Honduras and the Organization of American States (OAS) [official website] on Tuesday signed an agreement [text, in Spanish; press release] to create the Mission to Support the Fight Against Corruption and Impunity in Honduras (MACCIH). The MACCIH will be composed of a team of prosecutors, judges … [read more]


Legal News
19 Jan 2016
by Brittany Felder

[JURIST] The US Supreme Court [official website] on Tuesday granted certiorari [order list, PDF] in four new cases for this term. In US v. Texas [SCOTUSblog backgrounder] the Court has been asked to decide whether at least one respondent has standing to challenge Deferred Actions for Parents of Americans and Lawful Permanent … [read more]


Legal News
16 Jan 2016
by Emelina Perez

[JURIST] A judge for the US District Court of the Middle District of North Carolina [official website] on Friday declined to grant [opinion, PDF] a motion by the NAACP [advocacy website] and other plaintiffs that would have kept the state from implementing their voter identification law in the upcoming March … [read more]


Legal News
16 Jan 2016
by Steven Wildberger

[JURIST] The US Supreme Court [official website] on Friday granted certiorari [order list, PDF] in eight new cases for this term. In McDonnell v. United States [SCOTUSblog backgrounder], the Supreme Court is asked to decide the meaning of "official action" under the fraud statutes used to convict former Virginia governor … [read more]


Legal News
11 Jan 2016
by Matthew Santiago

[JURIST] The US Supreme Court [official website] on Friday granted certiorari [order list, PDF] in Welch v. United States [docket; cert. petition, PDF] to determine whether Johnson v. United States [opinion, PDF], which found increased sentences under the Armed Career Criminal Act (ACCA) [text, PDF] unconstitutionally vague, should be applied … [read more]


Legal News
14 Dec 2015
by Jaclyn Belczyk

The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in United States v. Bryant [docket; cert. petition, PDF], a case concerning Indian rights to counsel. 18 USC §117(a) [text] makes it a federal crime for any person to "commit[] a domestic assault within the special maritime … [read more]


Legal News
14 Dec 2015
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] 6-3 Monday in DIRECTV, Inc. v. Imburgia [SCOTUSblog materials] that the Federal Arbitration Act (FAA) preempts a California court's refusal to enforce an arbitration clause in a contract. In 2008 Amy Imburgia filed a class action lawsuit against DIRECTV over early … [read more]


Legal News
12 Dec 2015
by Bradley McAllister

[JURIST] The US Supreme Court [official website] granted certiorari [order, PDF] Friday in four cases. In Birchfield, Danny v. North Dakota [SCOTUSblog materials], consolidated with Bernard, William R. v. Minnesota and Beylund, Steve M. v. North Dakota, the court will determine "[w]hether, in the absence of a warrant, a state … [read more]


Academic Commentary
8 Dec 2015
by Jessica Waters of
edited by Elizabeth Dennis

JURIST Guest Columnist Jessica L. Waters of American University discusses the implications of the Supreme Court granting certiorari to hear consolidated ACA cases... In early November the United States Supreme Court granted certiorari in a group of consolidated cases challenging the applicability of the Affordable Care Act's (ACA) contraceptive mandate. … [read more]


Legal News
7 Dec 2015
by Matthew Santiago

[JURIST] The US Supreme Court [official website] on Monday declined to review a Second Amendment challenge to a gun law enforced in Highland Park, Illinois, denying certiorari [order list, PDF] in Friedman v. City of Highland Park [docket; cert. petition, PDF]. The law, challenged by the Illinois State Rifle Association … [read more]


Legal News
3 Dec 2015
by Kasey Tuttle

The NAACP Legal Defense and Education Fund (LDF) [advocacy website] filed a lawsuit [complaint, PDF] Wednesday asking Alabama to loosen the discriminatory burdens resulting from their voter photo identification law. The law's purported purpose is to prevent voter fraud by requiring voters to present a photo ID prior to voting. … [read more]


Legal News
30 Nov 2015
by Justin Cosgrove

The US Supreme Court [official website] on Monday denied [order, PDF] certiorari in an appeal by Mexican states attempting to sue BP over the 2010 Gulf of Mexico oil spill. The court let stand a lower court ruling in Veracruz, Mexico, et al. v. BP, P.L.C., et al. [opinion], finding … [read more]


Academic Commentary
26 Nov 2015
by Glenn C. Smith of California Western School of Law
edited by Dave Rodkey

JURIST Guest Columnist Glenn C. Smith of the California Western School of Law discusses the latest challenge to the Affordable Care Act...All petitions to have a lower-court ruling reviewed by the US Supreme Court are long shots. Still, the recently-filed petition for certiorari in Sissel v. DHHS [PDF] — contending … [read more]


Legal News
25 Nov 2015
by Bradley McAllister

[JURIST] An appellate court in Wisconsin ruled [opinion] Tuesday that the application of a state law that prohibits possession of certain knives violates the Second Amendment [text] right to bear arms. The law in Wisconsin regarding the Possession of a Switchblade Knife [§ 941.24(1), text] prohibits possession of "any knife … [read more]

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