Suppose someone posts a message on social media suggesting he might shoot up a movie theatre, and punctuates the point with a photo in which he is holding an AK-47-style rifle. Can the government temporarily confiscate the person’s firearms, in order to ensure that he does not pose a threat to himself or members of [...]
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Supreme Court hears arguments on ownership of tax refunds and preemption of hazardous cleanup
The US Supreme Court heard arguments Tuesday in cases concerning how courts should determine the ownership of tax refunds paid to affiliated corporate groups and whether federal law preempts state law claims for the cleanup of hazardous waste beyond what the US Department of Environmental Protection (EPA) has ordered. The first case, Rodriguez v. FDIC, [...]
Supreme Court hears arguments on race discrimination and creditor's rights
The US Supreme Court heard oral arguments Wednesday in cases concerning race discrimination in contracting and bankruptcy. The first involves whether a plaintiff must show in its pleadings that the defendant’s action would not have been taken but for the alleged discrimination. And the second will decide whether an order denying a creditor’s motion to [...]
Supreme Court hears oral arguments on DACA and border questions
The US Supreme Court heard oral arguments Tuesday in two cases concerning immigration and border issues. The first, Department of Homeland Security v. Regents of the University of California, is a challenge to the Trump administration’s 2017 decision to terminate the Deferred Action for Child Arriveals (DACA) program. And the second, Hernandez v. Mesa, stems [...]
The US Supreme Court heard oral arguments in two cases Wednesday. The first case heard Wednesday was County of Maui, Hawaii v. Hawaii Wildlife Fund. The central issue in the case is “hether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a [...]
Supreme Court hears arguments in federal maritime law, copyright cases
The US Supreme Court heard oral argument in two cases Tuesday. CITGO Asphalt Refining Co. v. Frescati Shipping Co. asks about standards in federal maritime law regarding safe-berth clauses in voyage charter contracts. The respondent argued that safe-berth clauses in these contracts should be construed “as a warranty that the charterer would choose a port [...]
DOJ to appeal order to release Mueller report grand jury materials to congress
The US Department of Justice (DOJ) filed a notice of appeal Monday against a federal judge’s order to release grand jury material from the Mueller report to congress. A judge for the US District Court for the District of Columbia issued an order Friday that required the DOJ to release the grand jury material to [...]
Federal appeals court dismisses challenge to EPA rollback of vehicle emissions standards
The US Court of Appeals for the District of Columbia Circuit on Friday dismissed petitions for review brought by several states, environmental groups and industry representatives against the Environmental Protection Agency (EPA) due to lack of jurisdiction. The EPA has begun the process of changing the rules governing emission standards for motor vehicles but has [...]
Federal appeals court upholds gag order against Roger Stone and his family
The US Court of Appeals for the District of Columbia Circuit on Tuesday upheld a district court’s gag order against Donald Trump advisor Roger Stone and his family in criminal proceedings. Stone argued in front of the appeals court that the gag order violated his First Amendment right to freedom of speech. However, the court did [...]
Federal appeals court rejects Louisiana's request to stop challenge to abortion regulations
The US Court of Appeals for the Fifth Circuit on Friday rejected a request from the state of Louisiana to dismiss a lawsuit challenging several abortion regulations. The ruling came in a response to an abortion clinic and two doctors seeking a federal injunction against Louisiana’s legal framework for regulating abortion. The clinic and its [...]