Search Results for: sotomayor

The US Supreme Court Wednesday broadened federal courts’ abilities to decide whether a child in an international custody dispute has to return to their home country by saying that courts do not need to consider “all possible ameliorative measures” for a child’s return when a child is at risk of grave harm. In the case [...]

The US Supreme Court ruled 5-4 Wednesday that Texas does not have the authority to regulate gaming on the Ysleta del Sur Pueblo reservation in El Paso, Texas. The case stemmed from a dispute between the Ysleta del Sur Pueblo tribe and the state of Texas regarding the state’s gambling laws’ applicability on tribal lands. [...]

The US Supreme Court Monday ruled in two separate cases that undocumented immigrants who are detained for more than six months are not entitled to a bond hearing. Johnson v. Arteaga-Martinez was unanimous, with only Justice Breyer dissenting in part, while Garland v. Aleman Gonzalez was a 6-3 decision. The first case concerned Antonio Arteaga-Martinez, [...]

The US Supreme Court Monday denied certiorari in Andrus v. Texas; Justices Sotomayor, Breyer and Kagan dissented. Andrus was charged with capital murder for killing two individuals during a failed carjacking. After his conviction and sentence were affirmed by the state appellate courts, Andrus filed a habeas application and alleged that his trial counsel was [...]

The United States Supreme Court Monday issued its opinion in Denezpi v. United States, ruling in favor of the dual sovereignty doctrine. The dual sovereignty doctrine applies to the double jeopardy clause of the Fifth Amendment, allowing for two sovereign entities to charge one defendant under the same set of facts under two different laws and [...]

The US Supreme Court Monday held by a 7-2 vote in Gallardo v. Marstiller that states can recoup settlement payments under the Medicaid Act to pay for an individual’s future medical care. Under the Medicaid act, states have the right to recover damages from liable parties who cause another’s injury if the injured party receives Medicaid [...]

The US Supreme Court Monday ruled 6-3 in Shinn v. Ramirez that “a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state-court record based on the ineffective assistance of state postconviction counsel.” In Shinn, two prisoners filed for federal habeas relief under 28 USC §2254. The Sixth Amendment [...]

The US Supreme Court Monday struck down part of the Bipartisan Campaign Reform Act of 2002 (BCRA), ruling in favor of Senator Ted Cruz. Cruz sued the Federal Election Commission (FEC) over a $260,000 personal loan made to his senatorial campaign, which he attempted to recoup the costs of in violation of the BCRA’s section [...]

The US Supreme Court Thursday ruled Thursday that damages for emotional distress are not recoverable in a private lawsuit to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act. This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes. Plaintiff Jane Cummings is legally blind and was [...]

The US Supreme Court Wednesday heard oral arguments in Oklahoma v. Castro-Huerta, a case concerning the court’s 2020 decision that removed Oklahoma’s jurisdiction over many crimes in large parts of the state that remain classified as reservations.  In 2015, Victor Manuel Castro-Huerta, who is not Native American, was convicted of child neglect and sentenced to [...]