Legal Buzz June 25, 2013: Supreme Court Strikes Down Part of Voting Rights Act

LEGAL BUZZ

COURT AND LEGAL NEWS

Supreme Court Strikes Down Part of Voting Rights Act

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The Supreme Court struck down a key provision of the Voting Rights Act Tuesday, ruling that the formula used to enforce the nearly 50-year-old civil rights law needs to be updated.

In a 5-4 decision the court said that the coverage formula used by the government to determine which states are required to get federal permission before they make any changes to voting laws is unconstitutional. The ruling effectively puts the issue back in the hands of lawmakers to revise the law. And until then, the ruling effectively renders section five of the Voting Rights Act inoperable….READ MORE

Full Text Legal Buzz March 27, 2013: Supreme Court of the United States Oral Arguments for Defense of Marriage Act Case United States v. Windsor Audio & Transcript

LEGAL BUZZ

COURT AND LEGAL NEWS:

United States v. Windsor Oral Arguments

Source: SCOTUS, 3-27-13

Docket Number: 12-307

Date Argued: 03/27/13
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Background Information

No. 12-307   
Vide 12-63   
Title:    
United States, Petitioner
v.
Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer, et al.
Docketed:    September 11, 2012
Lower Ct:    United States Court of Appeals for the Second Circuit
  Case Nos.:    (12-2335, 12-2435)
  Decision Date:    October 18, 2012
    Rule 11
Questions Presented …READ MORE

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Sep 11 2012 Petition for a writ of certiorari before judgment filed. (Response due October 11, 2012)
Sep 18 2012 Order extending time to file response to petition to and including October 19, 2012, for all respondents.
Oct 10 2012 Brief of respondent Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer in opposition filed.
Oct 18 2012 Judgment entered by the United States Court of Appeals for the Second Circuit.
Oct 19 2012 Brief of respondent Bipartisan Legal Advisory Group of the United States House of Representatives in opposition filed.
Oct 26 2012 Supplemental brief of petitioner United States filed.
Oct 29 2012 DISTRIBUTED for Conference of November 20, 2012.
Oct 29 2012 Supplemental brief of respondent Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer filed. (Distributed)
Nov 1 2012 Supplemental brief of respondent Bipartisan Legal Advisory Group of the United States House of Representatives filed. VIDED. (Distributed)
Nov 8 2012 Reply of petitioner United States filed. (Distributed)
Nov 13 2012 DISTRIBUTED for Conference of November 30, 2012.
Dec 3 2012 DISTRIBUTED for Conference of December 7, 2012.
Dec 7 2012 Petition for a writ of certiorari GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following questions: Whether the Executive Branch�s agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case; and whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case.
Dec 11 2012 Vicki C. Jackson, Esq., of Cambridge, Massachusetts, is invited to brief and argue this case, as amicus curiae, in support of the positions that the Executive Branch’s agreement with the court below that DOMA is unconstitutional deprives this Court of jurisdiction to decide this case, and that the Bipartisan Legal Advisory Group of the United States House of Representatives lacks Article III standing in this case.
Dec 13 2012 Briefing proposal of the parties and Court-appointed amicus curiae filed.
Dec 14 2012 Upon consideration of the letter of December 13, 2012, from the Solicitor General on behalf of the litigants and the amicus curiae invited to brief and argue this case, the following briefing schedule is adopted. On the merits, the brief of the Bipartisan Legal Advisory Group of the United States House of Representatives, not to exceed 15,000 words, is to be filed on or before Tuesday, January 22, 2013. The brief of the Solicitor General, not to exceed 15,000 words, is to be filed on or before Friday, February 22, 2013. The brief of Edith Windsor, not to exceed 15,000 words, is to be filed on or before Tuesday, February 26, 2013. The reply brief of the Bipartisan Legal Advisory Group of the United States House of Representatives, not to exceed 6,000 words, is to be filed in accordance with Rule 25.3 of the Rules of this Court. On the jurisdictional questions, the brief of the Court-appointed amicus curiae, not to exceed 10,000 words, is to be filed on or before January 22, 2013. The briefs of the Solicitor General, the Bipartisan Legal Advisory Group of the United States House of Representatives, and Edith Windsor, not to exceed 10,000 words each, are to be filed on or before Wednesday, February 20, 2013. Reply briefs of the litigants and the Court-appointed amicus curiae, not to exceed 4,000 words, are to be filed in accordance with Rule 25.3 of the Rules of this Court.
Dec 14 2012 Other amici curiae briefs shall be filed within the time allowed under Rule 37.3(a) of the Rules of this Court, except that amici curiae briefs on the merits in support of the positions of the Solicitor General and/or Edith Windsor shall be filed within 7 days after the brief of the Solicitor General on the merits is filed. The litigants, Court-appointed amicus curiae, and other amici curiae shall indicate on the cover of each brief filed which issue or issues are addressed in that particular brief in addition to the information required by Rule 37.3 of the Rules of this Court.
Jan 2 2013 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent Bipartisan Legal Advisory Group of the U.S. House of Representatives.
Jan 7 2013 SET FOR ARGUMENT ON Wednesday, March 27, 2013
Jan 8 2013 The time to file the brief, on the jurisdictional questions, of the Court-appointed amicus curiae is extended to and including January 24, 2013.
Jan 8 2013 The time to file the briefs, on the jurisdictional questions, of the Solicitor General, the Bipartisan Legal Advisory Group of the United States House of Representatives, and Edith Windsor, is extended to and including February 22, 2013.
Jan 10 2013 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jan 22 2013 Joint appendix filed. (Distributed) (Statement of costs received.)
Jan 22 2013 Brief of respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Merits) filed. (Distributed)
Jan 23 2013 CIRCULATED.
Jan 24 2013 Brief amicus curiae of Court-appointed amicus curiae (Jurisdiction) filed. (Distributed)
Jan 24 2013 Brief amicus curiae of Family Research Council (Merits) filed. (Distributed)
Jan 24 2013 Brief amicus curiae of Dr. Paul McHugh (Merits) filed. VIDED. (Distributed)
Jan 24 2013 Brief amici curiae of Law Professors (Merits) filed. (Distributed)
Jan 24 2013 Brief amicus curiae of National Organization for Marriage (Merits) filed. (Distributed)
Jan 25 2013 Brief amicus curiae of Westboro Baptist Church in support of neither party (Merits) filed. (Distributed)
Jan 25 2013 Brief amici curiae of Liberty, Life and Law Foundation, et al. (Merits) filed. VIDED. (Distributed)
Jan 28 2013 Brief amicus curiae of International jurists and academics (Merits) filed. VIDED. (Distributed)
Jan 28 2013 Brief amicus curiae of Manhattan Declaration (Merits) filed. (Distributed)
Jan 28 2013 Brief amicus curiae of The Becket Fund for Religious Liberty (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amicus curiae of Coalition for the Protection of Marriage (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. (Merits) filed. (Distributed)
Jan 29 2013 Brief amici curiae of Citizens United’s National Committee for Family, Faith and Prayer, et al. (Merits) filed. (Distributed)
Jan 29 2013 Brief amicus curiae of United States Conference of Catholic Bishops (Merits) filed. (Distributed)
Jan 29 2013 Brief amici curiae of Chaplain Alliance for Religious Liberty, et al. (Merits) filed. (Distributed)
Jan 29 2013 Brief amici curiae of Robert P. George, et al. (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amicus curiae of Parents and Friends of Ex-Gays & Gays (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amici curiae of Indiana and 16 other states (Merits) filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Liberty Counsel (Merits) filed. (Distributed)
Jan 29 2013 Brief amici curiae of Catholic Answers, et al. (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amicus curiae of Matthew B. O’Brien (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amicus curiae of Dovid Z. Schwartz (Merits) filed. (Distributed)
Jan 29 2013 Brief amici curiae of United States Senators Orrin G. Hatch, et al. (Merits) filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Concerned Women for America (Merits) filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Helen M. Alvare filed. (Merits) VIDED. (Distributed)
Jan 29 2013 Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
Jan 29 2013 Brief amici curiae of Social Science Professors (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amicus curiae of David Boyle filed. ( Merits) (Distributed)
Jan 29 2013 Brief amici curiae of National Association of Evangelicals (Merits) filed. (Distributed)
Jan 29 2013 Brief amici curiae of The Beverly LaHaye Institute, et al. (Merits) filed. (Distributed)
Jan 29 2013 Brief amicus curiae of American Civil Rights Union (Merits) filed. VIDED. (Distributed)
Feb 6 2013 Record from U.S.C.A. for 2nd Circuit is electronic.
Feb 13 2013 Record from U.S.D.C. for Southern District of New York is electronic.
Feb 13 2013 Brief amicus curiae of Citizens for Responsibility and Ethics in Washington (Merits) filed. (Distributed)
Feb 22 2013 Brief of respondent Edith Schlain Windsor (Jurisdiction) filed. (Distributed)
Feb 22 2013 Brief of petitioner United States (Jurisdiction) filed. (Distributed)
Feb 22 2013 Brief of petitioner United States (Merits) filed. (Distributed)
Feb 22 2013 Brief of respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Jurisdiction) filed. (Distributed)
Feb 26 2013 Brief of respondent Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer (Merits) filed. (Distributed)
Feb 26 2013 Motion for enlargement of time and divided argument filed by the parties and Court-appointed amici curiae.
Feb 26 2013 Brief amicus curiae of GLMA: Health Professionals Advancing LBGT Equality (Gay and Lesbian Medical Association) concerning the immutability of sexual orientation (Merits) filed. (Distributed)
Feb 27 2013 Brief amici curiae of 278 Employers and Organizations Representing Employers (Merits) filed. (Distributed)
Feb 27 2013 Brief amici curiae of Utah Pride Center, et al. (Merits) filed. VIDED. (Distributed)
Feb 27 2013 Brief amici curiae of American Humanist Association and American Atheists, Inc., et al. filed. (Distributed)
Feb 27 2013 Brief amici curiae of Professors Nan D. Hunter, et al. filed. (Distributed)
Feb 27 2013 Motion for leave to file amici brief filed by former Attorneys General Edwin Meese III and John Ashcroft in support of neither party (Jurisdiction) out of time.
Feb 28 2013 Brief amici curiae of Leadership Conference on Civil and Human Rights, et al. (Merits) filed. (Distributed)
Feb 28 2013 Brief amici curiae of Political Science Professors filed. (Distributed).
Feb 28 2013 Brief amici curiae of Constitutional Law Scholars Bruce Ackerman, et al. (Merits) filed. VIDED. (Distributed)
Feb 28 2013 Brief amicus curiae of American Sociological Association (Merits) filed. VIDED. (Distributed)
Feb 28 2013 Brief amici curiae of Bishops of the Episcopal Church in the States of California, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of Family Equality Council, et al. (Merits) filed. VIDED. (Distributed)
Feb 28 2013 Brief amici curiae of Organization of American Historians, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of Empire State Pride Agenda, et al. filed. (Distributed)
Feb 28 2013 Brief amicus curiae of American Jewish Committee (Merits) filed. VIDED. (Distributed)
Mar 1 2013 Brief amicus curiae of Former Federal Intelligence Officer (Merits) filed. (Distributed)
Mar 1 2013 Brief amicus curiae of NAACP Legal Defense & Educational Fund, Inc. (Merits) filed. (Distributed)
Mar 1 2013 Brief amicus curiae of OutServe-SLDN Inc. filed. (Distributed)
Mar 1 2013 Brief amicus curiae of Center for Constitutional Jurisprudence (Jurisdiction) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Cato Institute and Constitutional Accountability Center (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of National Women’s Law Center, et al. (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Family and Child Welfare Law Professors (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Anti-Defamation League, et al. (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Family Law Professors, et al. (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Gay & Lesbian Advocates & Defenders, et al. (Merits) filed. (Distributed)
Mar 1 2013 Brief amicus curiae of Gary J. Gates (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Dr. Donna E. Shalala, et al. (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Former Senior Justice Department Officials, et al. (Jurisdiction) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Former Senators Bill Bradley, et al. filed. (Distributed)
Mar 1 2013 Brief amicus curiae of Partnership for New York City (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Citizens United’s National Committee for Family, Faith and Prayer, et al. (Jurisdiction) filed. (Distributed)
Mar 1 2013 Brief amicus curiae of Survivors of Sexual Orientation Change Therapies filed. (Distributed)
Mar 1 2013 Brief amici curiae of 172 Members of the U.S. House of Representatives and 40 U.S. Senators filed. (Distributed)
Mar 1 2013 Brief amici curiae of Los Angeles County Bar Association, et al. filed. (Distributed)
Mar 1 2013 Brief amicus curiae of Honorable John K. Olson (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of New York, et al. (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Services and Advocacy for Gay, Lesbian, Bisexual and Transgender Elders, et al. (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Scholars of the Constitutional Rights of Children (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Historians, American Historical Association, et al. filed. (Distributed)
Mar 1 2013 Brief amicus curiae of Institute for Justice (Merits) filed. (Distributed)
Mar 1 2013 Brief amicus curiae of Honorable John K. Olson (Jurisdiction) filed. (Distributed)
Mar 1 2013 Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Constitutional Law Scholars (Jurisdiction) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Federalism Scholars (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of Hon. Lawrence J. Korb, et al. (Merits) filed. (Distributed)
Mar 1 2013 Brief amicus curiae of American Bar Association (Merits) filed. (Distributed)
Mar 1 2013 Brief amicus curiae of Center for Fair Administration of Taxes (Merits) filed. (Distributed)
Mar 1 2013 Brief amici curiae of American Psychological Association, et al. (Merits) filed. (Distributed)
Mar 1 2013 Brief of Former Federal Election Commission Officials (Merits) filed. (Distributed)
Mar 4 2013 Motion for enlargement of time and divided argument GRANTED and the time is to be divided as follows: on the jurisdiction issues, the Court-appointed amicus curiae is allotted 20 minutes, the Solicitor General is allotted 15 minutes, and respondent Bipartisan Legal Advisory Group of the U.S. House of Representatives is allotted 15 minutes. On the merits, respondent Bipartisan Legal Advisory Group of the U.S. House of Representatives is allotted 30 minutes, the Solicitor General is allotted 15 minutes, and respondent Windsor is allotted 15 minutes.
Mar 15 2013 Motion for leave to file amici brief out of time filed by former Attorneys General Edwin Meese III and John Ashcroft GRANTED.
Mar 19 2013 Reply of respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Jurisdiction) filed. (Distributed)
Mar 19 2013 Reply of respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Merits) filed. (Distributed)
Mar 20 2013 Reply of Court-appointed amicus curiae (Jurisdiction) filed. (Distributed)
Mar 20 2013 Reply of respondent Edith Schlain Windsor, in Her Capacity as Executor of the Estate of Thea Clara Spyer (Jurisdiction) filed. (Distributed)
Mar 20 2013 Reply of petitioner United States (Jurisdiction) filed. (Distributed)

 

Full Text Legal Buzz March 26, 2013: Supreme Court of the United States Oral Arguments for Proposition 8 Case Hollingsworth v. Perry Audio & Transcript

LEGAL BUZZ

COURT AND LEGAL NEWS:

Hollingsworth v. Perry Oral Arguments

Source: SCOTUS, 3-26-13

Docket Number: 12-144

Date Argued: 03/26/13
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Background Information


Title:    
Dennis Hollingsworth, et al., Petitioners
v.
Kristin M. Perry, et al.
Docketed:    August 1, 2012
Linked with 12A688
Lower Ct:    United States Court of Appeals for the Ninth Circuit
  Case Nos.:    (10-16696, 11-16577)
  Decision Date:    February 7, 2012
  Rehearing Denied:    June 5, 2012
Questions Presented  ….READ MORE

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Jul 30 2012 Petition for a writ of certiorari filed. (Response due August 31, 2012)
Aug 2 2012 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Perry, Stier, Katami, and Zarillo.
Aug 3 2012 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners Hollingsworth, Knight, Gutierrez, Jansson, and ProtectMarriage.com
Aug 10 2012 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent City and County of San Francisco.
Aug 24 2012 Brief of respondents Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo in opposition filed.
Aug 24 2012 Brief of respondent City and County of San Francisco in opposition filed.
Aug 30 2012 Brief amici curiae of Judge Georg Ress, and The Marriage Law Foundation filed.
Aug 30 2012 Brief amici curiae of William N. Eskridge, Jr., et al. filed.
Aug 31 2012 Brief amicus curiae of Center for Constitutional Jurisprudence filed.
Aug 31 2012 Brief amici curiae of Public Advocate of the United States, et al. filed.
Aug 31 2012 Brief amici curiae of National Association of Evangelicals, et al. filed.
Aug 31 2012 Brief amicus curiae of American Civil Rights Union filed.
Aug 31 2012 Brief amici curiae of Judicial Watch, Inc., et al filed.
Aug 31 2012 Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.
Aug 31 2012 Brief amicus curiae of Foundation for Moral Law filed.
Aug 31 2012 Brief amici curiae of Indiana, et al. filed.
Aug 31 2012 Brief amici curiae of Declaration Alliance & United States Justice Foundation filed.
Sep 4 2012 Reply of petitioners Dennis Hollingsworth, et al. filed.
Sep 5 2012 DISTRIBUTED for Conference of September 24, 2012.
Oct 29 2012 DISTRIBUTED for Conference of November 20, 2012.
Nov 13 2012 DISTRIBUTED for Conference of November 30, 2012.
Dec 3 2012 DISTRIBUTED for Conference of December 7, 2012.
Dec 7 2012 Petition GRANTED. In addition to the question presented by the petition, the parties are directed to brief and argue the following question: Whether petitioners have standing under Article III, �2 of the Constitution in this case.
Dec 12 2012 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners
Dec 12 2012 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent City and County of San Francisco.
Jan 7 2013 SET FOR ARGUMENT ON Tuesday, March 26, 2013
Jan 7 2013 Application (12A688) for leave to file petitioners’ brief on the merits in excess of the word limit, submitted to Justice Kennedy.
Jan 11 2013 Application (12A688) denied by Justice Kennedy.
Jan 18 2013 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondents Perry, Steir, Katami, and Zarillo
Jan 18 2013 Record from U.S.C.A. for 9th Circuit is electronic.
Jan 21 2013 Brief amici curiae of Coalition of African American Pastors USA, et al.( 2nd REPRINT) filed. (Distributed)
Jan 22 2013 Joint appendix filed. (2 Volumes and Supplement). (Distributed) (Statement of costs filed)
Jan 22 2013 Brief of petitioners Dennis Hollingsworth, et al. filed. (Distributed)
Jan 23 2013 CIRCULATED.
Jan 23 2013 Brief amici curiae of David Benkof, et al. filed. (Distributed)
Jan 24 2013 Brief amicus curiae of Family Research Council filed. (Distributed)
Jan 24 2013 Brief amicus curiae of Dr. Paul McHugh (Merits) filed. VIDED. (Distributed)
Jan 25 2013 Brief amici curiae of Scholars of History and Related Disciplines filed. (Distributed)
Jan 25 2013 Brief amici curiae of Liberty, Life and Law Foundation, et al. (Merits) filed. VIDED. (Distributed)
Jan 25 2013 Brief amicus curiae of Westboro Baptist Church in support of neither party filed. (Distributed)
Jan 25 2013 Brief amicus curiae of Professor Daniel N. Robinson, Ph.D. filed. (Distributed)
Jan 28 2013 Brief amicus curiae of International Jurists and Academics (Merits) filed. VIDED. (Distributed)
Jan 28 2013 Brief amici curiae of Thomas More Law Center and Chuck Storey, Imperial County Clerk (Merits) filed. (Distributed)
Jan 28 2013 Brief amici curiae of National Association of Evangelicals, et al. filed. (Distributed)
Jan 28 2013 Brief amici curiae of thirty-seven scholars of federalism and judicial restraint filed. (Distributed)
Jan 28 2013 Brief amicus curiae of High Impact Leadership Coalition filed. (Distributed)
Jan 28 2013 Brief amicus curiae of Concerned Women for America filed. (Distributed)
Jan 28 2013 Brief amicus curiae of The Becket Fund for Religious Liberty (Merits) filed. VIDED. (Distributed)
Jan 28 2013 Brief amicus curiae of Lighted Candle Society filed. (Distributed)
Jan 29 2013 Record from U.S.D.C. for the Northern District of California. (10 Boxes)
Jan 29 2013 Brief amicus curiae of Coalition for the Protection of Marriage (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amicus curiae of Foundation for Moral Law filed. (Distributed)
Jan 29 2013 Brief amicus curiae of United States Conference of Catholic Bishops filed. (Distributed)
Jan 29 2013 Brief amici curiae of Citizens United’s National Committee for Family, Faith and Prayer, et al. filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Center for Constitutional Jurisprudence filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Patrick Henry College filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed. (Distributed)
Jan 29 2013 Brief amici curiae of Robert P. George, et al. (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amicus curiae of Parents and Friends of Ex-Gays & Gays (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amici curiae of Indiana, et al. filed. (Distributed).
Jan 29 2013 Brief amici curiae of Judicial Watch, Inc., et al filed. (Distributed)
Jan 29 2013 Brief amici curiae of Liberty Counsel, Inc. and Campaign for Children filed.
Jan 29 2013 Brief amici curiae of Catholic Answers, et al. (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amicus curiae of Catholics for the Common Good and the Marriage Law Project filed. (Distributed)
Jan 29 2013 Brief amici curiae of Pacific Legal Foundation, et al. filed. (Distributed)
Jan 29 2013 Brief amici curiae of National Association of Evangelicals, et al. filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Matthew B. O’Brien (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amici curiae of Leon R. Kass, Harvey C. Mansfield and the Institute for Marriage and Public Policy filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Michigan filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Ethics and Public Policy Center filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Minnesota for Marriage filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Marriage Anti-Defamation Alliance filed. (Distributed)
Jan 29 2013 Brief amicus curiae of Helen M. Alvare (Merits) (Distributed). filed. VIDED.
Jan 29 2013 Brief amici curiae of Social Science Professors. (Merits) filed. VIDED. (Distributed)
Jan 29 2013 Brief amicus curiae of David Boyle (Merits) filed. (Distributed)
Jan 29 2013 Brief amicus curiae of American Civil Rights Union (Merits) filed. VIDED. (Distributed)
Feb 18 2013 Brief amicus curiae of Rev. Rick Yramategui, et al. filed.
Feb 21 2013 Brief of respondents Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo filed. (Distributed)
Feb 21 2013 Brief of respondent City and County of San Francisco filed. (Distributed)
Feb 26 2013 Brief amicus curiae of GLMA: Health Professionals Advancing LGBT Equality (Gay Lesbian Medical Association) concerning the immutability of sexual orientation filed. (Distributed)
Feb 27 2013 Brief amici curiae of Utah Pride Center, et al. filed. VIDED. (Distributed)
Feb 27 2013 Brief amici curiae of American Humanist Association and American Atheists, Inc., et al. filed. (Distributed)
Feb 27 2013 Brief amici curiae of Columbia Law School Sexuality & Gender Law Clinic, et al. filed. (Distributed)
Feb 27 2013 Brief amici curiae of Hon. Judith S. Kaye (Ret.), et al. filed. (Distributed)
Feb 27 2013 Brief amicus curiae of Marriage Equality USA filed. (Distributed)
Feb 27 2013 Brief amici curiae of Beverly Hills Bar Association, et al. filed. (Distributed)
Feb 27 2013 Brief amici curiae of Edward D. Stein, et al. filed. (Distributed)
Feb 27 2013 Brief amicus curiae of California filed. (Distributed)
Feb 27 2013 Brief amicus curiae of National Center for Lesbian Rights filed. (Distributed)
Feb 27 2013 Brief amici curiae of American Academy of Matrimonial Lawyers, et al. filed. (Distributed)
Feb 27 2013 Brief amici curiae of Jonathan Wallace, Meri Wallace, and Duncan Pflaster filed. (Distributed)
Feb 28 2013 Brief amici curiae of International Human Rights Advocates filed. (Distributed)
Feb 28 2013 Brief amici curiae of Kenneth B. Mehlman, et al. filed. (Distributed)
Feb 28 2013 Brief amicus curiae of Parents, Families and Friends of Lesbians and Gays, Inc. filed. (Distributed)
Feb 28 2013 Brief amicus curiae of Walter Dellinger filed. (Distributed)
Feb 28 2013 Brief amici curiae of Bay Area Lawyers for Individual Freedom, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of Leadership Conference on Civil and Human Rights, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of American Psychological Association, et al. filed. (Distributed)
Feb 28 2013 Brief amicus curiae of Dr. Maria Nieto filed. (Distributed)
Feb 28 2013 Brief amici curiae of Cato Institute and Constitutional Accountability Center filed. (Distributed)
Feb 28 2013 Brief amicus curiae of the United States filed. (Distributed)
Feb 28 2013 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 28 2013 Brief amici curiae of American Anthropological Association, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of Political Science Professors filed. (Distributed)
Feb 28 2013 Brief amici curiae of Anti-Defamation League, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of Adoptive and Child Welfare Advocates filed. (Distributed)
Feb 28 2013 Brief amicus curiae of Gary J. Gates filed. (Distributed)
Feb 28 2013 Brief amici curiae of Organization of American Historians and the American Studies Association filed. (Distributed)
Feb 28 2013 Brief amicus curiae of Equality California filed. (Distributed)
Feb 28 2013 Brief amici curiae of National Organization for Women Foundation and the Feminist Majority Foundation filed. (Distributed)
Feb 28 2013 Brief amicus curiae of Southern Poverty Law Center filed. (Distributed)
Feb 28 2013 Brief amici curiae of Foreign and Comparative Law Experts Harold Hongju Koh, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of Massachusetts, et al. filed. (Distributed)
Feb 28 2013 Brief amicus curiae of Survivors of Sexual Orientation Change Therapies filed. (Distributed)
Feb 28 2013 Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed)
Feb 28 2013 Brief amici curiae of William N. Eskridge, Jr., et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of California Professors of Family Law filed. (Distributed)
Feb 28 2013 Brief amici curiae of Chris Kluwe and Brendon Ayanbadejo filed. (Distributed)
Feb 28 2013 Brief amicus curiae of Women’s Equal Rights Legal Defense and Education Fund filed. (Distributed)
Feb 28 2013 Brief amici curiae of Bishops of the Episcopal Church in the State of California, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of California Assembly Speaker John A. Perez, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of California Council of Churches, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of American Federation of Labor and Congress of Industrial Organizations, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of American Companies filed. (Distributed)
Feb 28 2013 Brief amici curiae of California Teachers Association, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of Constitutional Law Scholars Bruce Ackerman, et al. filed. VIDED. (Distributed)
Feb 28 2013 Brief amicus curiae of American Sociological Association filed. VIDED (Distributed)
Feb 28 2013 Brief amici curiae of Family Equality Council, et al. filed. VIDED. (Distributed)
Feb 28 2013 Brief amici curiae of National Women’s Law Center, et al. filed. (Distributed)
Feb 28 2013 Brief amici curiae of Constitutional Law and Civil Procedure Professors Erwin Chermerinsky and Arthur Miller filed. (Distributed)
Feb 28 2013 Brief amicus curiae of American Jewish Committee filed. VIDED. (Distributed)
Feb 28 2013 Brief amici curiae of Lambda Legal Defense and Education Fund, Inc., et al. filed. (Distributed)
Feb 28 2013 Brief amicus curiae of Garden State Equality filed. (Distributed)
Mar 15 2013 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 19 2013 Reply of petitioners Dennis Hollingsworth, et al. filed. (Distributed)
Mar 26 2013 Argued. For petitioners: Chalres J. Cooper, Washington, D. C. For respondents: Theodore B. Olson, Washington, D. C.; and Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)

Full Text Legal Buzz March 25, 2013: Filings & Briefs in the Supreme Court of the United States’s Defense of Marriage Act & California’s Proposition 8 Cases

LEGAL BUZZ

COURT AND LEGAL NEWS:

Filings in the Defense of Marriage Act  and California’s Proposition 8 cases

Source: SCOTUS

Listed below are live links to the orders, case filings, and other information pertaining to the Defense of Marriage Act and California’s Proposition 8 cases.  Click on each item to access further information.

Orders
12-7-12 Grant Order
12-11-12 Amicus Appointment Order
12-14-12 Briefing Schedule
Case Filings
12-144 Dennis Hollingsworth, et al., v. Kristin M. Perry, et al.
Petition for Writ of Certiorari
Brief in Opposition filed by Kristin M. Perry
Brief in Opposition filed by City and County of San Francisco
Reply Brief
Brief of Petitioner on the Merits
Brief of Respondents Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffery J. Zarrillo
Brief of Respondent City and County of San Francisco
Reply Brief of Petitioners Dennis Hollingsworth, et al.
12-307 United States v. Edith Schlain Windsor, In Her Capacity as Executor of the Estate of Thea Clara Spyer, et al.
Petition for Writ of Certiorari
Brief in Opposition of Edith Schlain Windsor
Brief in Opposition of Bipartisan Legal Advisory Group
Supplemental Brief of United States
Supplemental Brief of Edith Schlain Windsor
Supplemental Brief of Bipartisan Legal Advisory Group
Reply Brief
Brief on the Merits for Respondent Bipartisan Legal Advisory Group of the
United States House of Representatives
Brief for Court Appointed Amicus Curiae Addressing Jurisdiction
Brief of Respondent Edith Windsor (Jurisdiction)
Brief of Petitioner United States (Jurisdiction)
Brief of Petitioner United States (Merits)
Brief of Respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Jurisdiction)
Brief of Respondent Edith Windsor (Merits)
Reply Brief of Respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Jurisdiction)
Reply Brief of Respondent Bipartisan Legal Advisory Group of the United States House of Representatives (Merits)
Reply Brief of Court appointed amicus curiae (Jurisdiction)
Reply of Respondent Edith Windsor (Jurisdiction)
Reply Brief of Petitioner United States (Jurisdiction)

Legal Buzz June 28, 2012: Supreme Court Upholds Affordable Care Act Mandate as Tax in 5-4 Vote — Health Care Law Largely Stands, Victory for President Obama

LEGAL BUZZ

COURT AND LEGAL NEWS:

THE HEADLINES….

IN FOCUS: SUPREME COURT UPHOLDS AFFORDABLE CARE ACT IN 5-4 VOTE

National Federation of Independent Business v. Sebelius — Full Text Opinion — SCOTUS, 6-28-12

Supreme Court Lets Health Law Largely Stand, in Victory for Obama

Source: NYT, 6-28-12
The Supreme Court left standing the basic provisions of the health care overhaul, ruling that the government may use its taxation powers to push people to buy insurance….READ MORE

  • Romney, GOP Pledge to Repeal Health Law: Mitt Romney and congressional Republicans on Thursday pledged a renewed effort to repeal the Obama administration’s health-care overhaul, undeterred by the Supreme Court ruling to uphold the law’s central tenet…. – WSJ, 6-28-12
  • Mitt Romney Can Use Healthcare Against Barack Obama: President Barack Obama’s White House staffers can take pride—his signature legislative achievement passed constitutional muster and they can begin to implement its most controversial provisions…. – US News, World Report, 6-28-12
  • Supreme Court upholds Obama health care mandate: The historic 5-4 decision will affect the way Americans receive and pay for their medical care…. – USA Today, 6-28-12
  • Supreme Court Health Care Ruling: The Mandate Can Stay: The Supreme Court has announced its long-awaited decision on President Obama’s health care law…. – ABC News, 6-28-12
  • Summary of Supreme Court health care decision: The following is an edited text of the Supreme Court health-care decision…. – MarketWatch, 6-28-12
  • Following Supreme Court health-care ruling, House GOP will again try to repeal law: Now that the health-care law has been largely upheld by the Supreme Court, the GOP-controlled House plans to vote to repeal it–again…. – WaPo, 6-28-12
  • What Supreme Court’s health-care ruling means for you: The Supreme Court’s ruling Thursday to uphold the bulk of the health-care law means that some popular provisions — such as requiring insurers to accept people regardless of preexisting conditions and to accept children up to age 26 on parents’ plans…. – MarketWatch, 6-28-12
  • Lawmakers react to Supreme Court decision upholding Obama health care law: The nation’s highest court on Thursday upheld the constitutionality of President Obama’s sweeping health care law, which was celebrated as victory among Democrats, while blasted by Republicans who vowed a repeal…. – Fox News, 6-28-12
  • Supreme Court health care decision: 10 top tweets on SCOTUS confusion: What was not helpful sorting through the Supreme Court’s health care decision on Thursday morning? Twitter. Politicos tweeted about their growing frustration at the varying accounts coming through their feeds in the minutes after the ruling was issued:1…. – Politico, 6-28-12
  • The Supreme Court will uphold Obamacare. Here’s why: The Supreme Court can’t let the public’s already shaky opinion of it get any worse. If Obamacare isn’t upheld, it’s further evidence that the court decides according to partisan politics, rather than legal principle…. – CS Monitor, 6-28-12
  • Supreme Court set to rule on health care reform: The stakes could hardly be higher as the Supreme Court is set to rule on President Obama’s health care law Thursday. The legal challenge highlights two fundamentally different views of the role of government…. – CBS News, 6-28-12
  • Either way Supreme Court rules on ‘Obamacare,’ insurers win: The Supreme Court is shaking up the political chessboard today by ruling on the constitutionality of the Affordable Care Act – aka “Obamacare” – and there is one player who will win no matter what the decision may be: the insurance industry…. – LAT, 6-28-12
  • Supreme Court to rule Thursday on health-care law: The Supreme Court is scheduled to rule on the constitutionality of President Obama’s health care legislation Thursday morning, a potentially game-changing decision that would define the power of the national government in a presidential election year…. – WaPo, 6-28-12
  • Supreme Court health care decision has Washington awaiting history: The Supreme Court’s decision on the health-care law is the one thing nearly everyone has an opinion on…. – WaPo, 6-27-12
  • Supreme Court health care ruling expected Thursday: The Supreme Court is due to make a ruling on President Obama’s health care law that could affect the political landscape, the economy and the lives of millions of Americans…. – WaPo, 6-25-12

Legal Buzz June 28, 2012: Supreme Court Strikes Down Stolen Valor Act in United States v. Alvarez

LEGAL BUZZ

COURT AND LEGAL NEWS:

THE HEADLINES….

IN FOCUS: SUPREME COURT STRIKES DOWN STOLEN VALOR ACT

United States v. Alvarez — Full Text Opinion — SCOTUS, 6-28-12

Supreme Court Strikes Down Stolen Valor Act

Source: ABC News Radio, 6-28-12

The Supreme Court struck down the Stolen Valor Act on Thursday, saying that the First Amendment defends a person’s right to lie — even if that person is lying about awards and medals won through military service.

The case started in 2007 when California man Xavier Alvarez was convicted under the Stolen Valor Act of 2006, the federal legislation that made it illegal for people to claim to have won or to wear military medals or ribbons they did not earn.  Alvarez had publicly claimed to have won the country’s highest military award, the Medal of Honor, but was later revealed to have never served in the military at all.

Alvarez was sentenced to three years probation, a $5,000 fine and community service, but he and his lawyer appealed the decision, saying that the Stolen Valor Act is unconstitutional — essentially that it violates a person’s right to lie….READ MORE

Lying About Earning War Medals Is Protected Speech, Justices Rule

Source: NYT, 6-28-12

The justices said that a federal law making it a crime to lie about having earned a military decoration was an unconstitutional infringement on free speech….READ MORE

Legal Buzz June 25, 2012: Supreme Court of the United States Rules in Arizona vs. United States — Upholds Centerpiece of Arizona Immigration Law & President Barack Obama’s Reaction Statement

LEGAL BUZZ

By Bonnie K. Goodman

Ms. Goodman is the Editor of History Musings. She has a BA in History & Art History & a Masters in Library and Information Studies from McGill University, and has done graduate work in history at Concordia University. Ms. Goodman has also contributed the overviews, and chronologies in History of American Presidential Elections, 1789-2008, 4th edition, edited by Gil Troy, Fred L. Israel, and Arthur Meier Schlesinger published by Facts on File, Inc. in late 2011.

COURT AND LEGAL NEWS:

IN FOCUS: SUPREME COURT OF THE UNITED STATES UPHOLDS CONTROVERSIAL PART OF ARIZONA IMMIGRATION REJECTS OTHER PORTIONS — BOTH ARIZONA & PRESIDENT OBAMA CLAIM VICTORY

Arizona v. United StatesSupreme Court of the United States, 6-25-12

Supreme Court Upholds Controversial Part of Arizona Immigration Law: Police officers in Arizona are allowed to check the immigration status of every person who is stopped or arrested, the Supreme Court ruled Monday morning. But the court struck down other key parts of the law.
The controversial immigration law passed in Arizona two years ago and has been opposed by President Obama.
Justice Anthony Kennedy wrote that the policy could interfere with federal immigration law, but that the court couldn’t assume that it would.
The law — known as SB 1070 — was signed into law by Gov. Jan Brewer in April 2010, but immediately challenged by the Obama administration. A lower court sided with the administration and agreed to prevent four of the most controversial provisions from going into effect…. – ABC News Radio, 6-25-12

 

  • Blocking Parts of Arizona Law, Justices Allow Its Centerpiece: The Supreme Court on Monday rejected much of Arizona’s immigration law but permitted the state’s instruction to its police to check the immigration status of people they detain…. – NYT, 6-25-12
  • Obama and Romney React to Court’s Immigration Decision: President Obama and Mitt Romney reacted to the Supreme Court’s decision to strike down parts of a tough Arizona immigration law…. – NYT, 6-25-12
  • Romney Silent on Court’s Immigration Ruling: Mitt Romney is ready to talk about health care, but not the Supreme Court’s split decision on Arizona’s immigration law…. – NYT, 6-25-12
  • Court mostly rejects Arizona immigration law: The US Supreme Court on Monday struck down key parts of an Arizona law that…. – CNN, 6-25-12
  • Praise, concern and uncertainty as Mass. reacts to Supreme Court decision on Arizona immigration law: The Supreme Court’s decision on Arizona’s immigration law today generated praise, concern and a measure of uncertainty in Massachusetts, one of many states where controversy erupted after Arizona passed the law in 2010…. – Boston.com, 6-25-12
  • Dan Stein: Immigration Decision a Victory for Arizona – But it Has its Pitfalls: The Supreme Court today handed the State of Arizona a hard fought victory in upholding the most contentious part of the state’s immigration enforcement bill, section 2(b) of SB 1070. That section requires state and local enforcement officials to verify…. – Fox News, 6-25-12
  • High court rejects part of Arizona immigration law: The Supreme Court threw out key provisions of Arizona’s crackdown on illegal immigrants Monday but said a much-debated portion could go forward — that police must check the status of people stopped for … Businessweek, AP, 6-25-12
  • Both Parties Claim Victory in Arizona Ruling: The Supreme Court upheld a key part of Arizona’s tough immigration law, ruled against life sentences for juveniles and rejected corporate campaign spending limits…. – WSJ, 6-25-12
  • Chief Justice Roberts crucial in Arizona immigration ruling: Helping drive (albeit from the back seat) the Supreme Court toward what amounted to a victory for the Obama administration in the Arizona immigration case was a man often seen as one of Obama’s chief antagonists at the court…. – LAT, 6-25-12
  • Arizona immigration ruling boosts Obama in battle for Hispanic vote: The Supreme Court handed a political victory to President Obama on Monday by vindicating his decision to challenge Arizona’s tough anti-illegal immigration law and, in turn, put Mitt Romney and other Republicans who had endorsed the law in bind as both…. – WaPo, 6-25-12
  • Obama pleased parts of Arizona’s immigration law struck down, concerned about what’s left: Pressing his immigration agenda, President Barack Obama said he is pleased the Supreme Court struck down key parts of Arizona’s immigration law Monday but voiced concern about what the high court left intact. The court allowed a provision … – WaPo, 6-25-12
  • President Barack Obama’s response to ruling on the Arizona immigration law: President Barack Obama’s statement reacting to the US Supreme Court’s ruling on the Arizona immigration law: “I am pleased that the Supreme Court has struck down key provisions of Arizona’s immigration law. What this decision makes…. – WaPo, 6-25-12
  • Most of Arizona immigration law cannot stand, Supreme Court rules: But the Supreme Court upheld a provision requiring police to check the immigration status of people they have reason to suspect are illegal immigrants – the most controversial part of the Arizona immigration law. By Warren Richey, Staff writer / June … CS Monitor, 6-25-12
  • President Barack Obama’s response to ruling on the Arizona Immigration Law: President Barack Obama’s statement reacting to the U.S. Supreme Court’s ruling on the Arizona immigration law…. – WaPo, 6-25-12
  • Obama ‘pleased’ and ‘concerned’ on Arizona: Obama ‘pleased’ and ‘concerned’ on Arizona … This is an issue where Obama’s desire to win the debate on immigration nationally…. – Politico, 6-25-12
  • Obama ‘pleased’ with Supreme Court ruling on Arizona immigration law: President Obama said he’s “pleased” with the US Supreme Court decision knocking down parts of Arizona’s controversial immigration law, and he quickly used the decision to call for comprehensive immigration reform and to tout his own recent…. – Chicago Tribune, 6-25-12

Statement by the President on the Supreme Court’s Ruling on Arizona v. the United States

I am pleased that the Supreme Court has struck down key provisions of Arizona’s immigration law. What this decision makes unmistakably clear is that Congress must act on comprehensive immigration reform. A patchwork of state laws is not a solution to our broken immigration system – it’s part of the problem.

At the same time, I remain concerned about the practical impact of the remaining provision of the Arizona law that requires local law enforcement officials to check the immigration status of anyone they even suspect to be here illegally. I agree with the Court that individuals cannot be detained solely to verify their immigration status. No American should ever live under a cloud of suspicion just because of what they look like. Going forward, we must ensure that Arizona law enforcement officials do not enforce this law in a manner that undermines the civil rights of Americans, as the Court’s decision recognizes. Furthermore, we will continue to enforce our immigration laws by focusing on our most important priorities like border security and criminals who endanger our communities, and not, for example, students who earn their education – which is why the Department of Homeland Security announced earlier this month that it will lift the shadow of deportation from young people who were brought to the United States as children through no fault of their own.

I will work with anyone in Congress who’s willing to make progress on comprehensive immigration reform that addresses our economic needs and security needs, and upholds our tradition as a nation of laws and a nation of immigrants. And in the meantime, we will continue to use every federal resource to protect the safety and civil rights of all Americans, and treat all our people with dignity and respect. We can solve these challenges not in spite of our most cherished values – but because of them. What makes us American is not a question of what we look like or what our names are. What makes us American is our shared belief in the enduring promise of this country – and our shared responsibility to leave it more generous and more hopeful than we found it.

Legal Buzz April 18, 2012: US Supreme Court Rules Torture Victim Protection Act Applies Only to Individual, Not Organizations in Azzam Mohamad Rahim v. Palestinian Authority

LEGAL BUZZ


COURT AND LEGAL NEWS:

Justices Limit Suits Under Law On Torture

Source: NYT, 4-28-12

In the case of an American killed in the West Bank, the Supreme Court found that only “individuals” could be sued….READ MORE

Full Text of Case Opinion: 4/18/12 – Mohamad v. Palestinian Authority

Supreme Court says torture victim law applies only to people, not organizations

Source: WaPo, 4-18-12

The Supreme Court ruled unanimously Wednesday that a federal law that allows torture victims to sue their overseas assailants does not permit suits against corporations or political groups such as the Palestine Liberation Organization.

The justices said the Torture Victim Protection Act of 1991 authorized lawsuits only against individuals responsible for torture and killing.

“The text of the TVPA convinces us that Congress did not extend liability to organizations, sovereign or not,” Justice Sonia Sotomayor wrote for the united court.

“There are no doubt valid arguments for such an extension. But Congress has seen fit to proceed in more modest steps in the act, and it is not the province of this branch to do otherwise.”…READ MORE

IN FOCUS: US SUPREME COURT RULES TORTURE VICTIM ACT APPLIES TO INDIVIDUAL PEOPLE NOT ORGANIZATIONS

Supreme Court says torture victim law applies only to people, not organizations: The Supreme Court ruled unanimously Wednesday that a federal law that allows torture victims to sue their overseas assailants does not permit suits against corporations or political groups such as the Palestine Liberation Organization…. – WaPo, 4-18-12

  • US top court limits who can be sued under torture law: The US Supreme Court on Wednesday rejected a complaint filed against the Palestinian Authority by relatives of an American citizen allegedly tortured in a West Bank prison. The unanimous decision by the nine-member panel effectively…. – AFP, 4-18-12
  • Justices Say Palestinian Authority Can’t Be Sued Over Torture: The Supreme Court ruled unanimously on Wednesday that the family of an American citizen killed during a visit to the West Bank may not sue the Palestinian Authority and the Palestine Liberation Organization under a 1991 federal law…. – NYT, 4-18-12
  • Torture victim’s family can’t sue PLO for damages, Supreme Court says: US Supreme Court, in a narrow reading of a federal anti-torture law, ruled Wednesday against a son who sought redress from the PLO and Palestinian Authority for the death of his father, a US citizen, during a visit to the West Bank…. – CS Monitor, 4-18-12
  • Supreme Court: PLO, corporations can’t be sued under torture law: Foreign political organizations like the Palestinian Liberation Organization and multinational corporations cannot be sued for the torture or murder of persons abroad, including Americans, under the terms of a 1991 US anti-torture law…. – Chicago Tribune, 4-18-12
  • Organizations Can’t Be Sued For Torture, High Court Rules: The US Supreme Court has ruled unanimously that organizations cannot be sued for the torture under the Torture Victim Protection Act. The decision came in the case of Azzam Mohamad Rahim, who immigrated to the United States in the…. – NPR, 4-18-12
  • High court limits suits under torture victim law: The Supreme Court ruled unanimously Wednesday that organizations may not be sued for claims they aided in torture or killings abroad under a law aimed at helping torture victims. Justice Sonia Sotomayor wrote the court’s opinion…. – BusinessWeek, 4-18-12
  • Supreme Court: torture law applies only to people: The Palestinian Authority and PLO cannot be sued under a 1991 US victim protection law over the alleged torture of an American in a West Bank prison, the Supreme Court ruled on Wednesday, holding that the law only applies to…. – Baltimore Sun, 4-18-12
  • A Supreme Typo: On Wednesday, the Supreme Court reminded us that diction matters, unanimously ruling that by using the word “individual” rather than “person,” a federal statute limited liability for torture committed overseas to individuals…. – WSJ, 4-18-12
  • Supreme Court Says Torture Victim Can’t Sue Palestinian Authority: The family of a Palestinian American killed while in the Palestinian Authority’s custody cannot sue the organization, the Supreme Court ruled on Wednesday morning. Azzam Rahim, a naturalized American citizen, was visiting the West Bank…. – Huff Post, 4-18-12

Legal Buzz April 2, 2012: US Supreme Court Ruling Allows Strip-Searches for Any Offenses including Minor Offenses

LEGAL BUZZ

COURT AND LEGAL NEWS:

Supreme Court Ruling Allows Strip-Searches for Any Offense

Source: NYT, 4-2-12

The Supreme Court on Monday ruled by a 5-to-4 vote that officials may strip-search people arrested for any offense, however minor, before admitting them to jails even if the officials have no reason to suspect the presence of contraband…. READ MORE

Full Text Supreme Court Opinion Florence v. Board of Chosen Freeholders of County of Burlington

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