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Tag Archives: Anthony Kennedy

U.S. Supreme Court tackles California gay marriage case

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During heated arguments at the U.S. Supreme Court over California’s voter-approved constitutional amendment banning same-sex marriage, the justices verbally tussled with attorneys arguing over the law’s constitutionality — but also hinted that the case could have a surprise ending.

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US high court asks when procedural defaults bar ineffective assistance claims

Less than a year after creating a narrow right to make a federal ineffective assistance of counsel claim in a post-conviction proceeding despite a procedural default in state court, the justices of the U.S. Supreme Court tried to carve out the contours of that ruling during oral arguments in Trevino v. Thaler.

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US Supreme Court ponders if lawyers can use records to find clients

The justices of the U.S. Supreme Court are trying to dissect the language of a poorly worded federal statute that protects drivers’ personal information from misuse in an effort to determine whether lawyers broke the law in looking for potential class action plaintiffs.

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US Supreme Court fractures on expert testimony issue

The Confrontation Clause does not bar an expert from testifying at a criminal trial that a DNA profile produced by an outside laboratory matched the defendant’s state lab DNA profile, the U.S. Supreme Court has ruled in a fractured opinion.

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US Supreme Court rules farm sale income tax not dischargeable in bankruptcy

The federal income tax liability resulting from the sale of a farm after a Chapter 12 bankruptcy filing is not “incurred by the estate” under §503(b) of the Bankruptcy Code and thus is neither collectible nor dischargeable in the bankruptcy plan, the U.S. Supreme Court has ruled.

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Experts: Marriage ban’s path to high court unclear

Conservative critics like to point out that the federal appeals court that just declared California's same-sex marriage ban to be unconstitutional has its decisions overturned by the U.S. Supreme Court more often than other judicial circuits, a record that could prove predictive if the high court agrees to review the gay marriage case on appeal.

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Obama could alter stance of federal appeals courts

A second term for President Barack Obama would allow him to expand his replacement of Republican-appointed majorities with Democratic ones on the nation's appeals courts, the final stop for almost all challenged federal court rulings.

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Justices of US Supreme Court question privacy expectations in GPS case

In a case that had the justices questioning just how far the expectation of privacy extends in a world of ever-evolving technologies, the U.S. Supreme Court considered Tuesday whether the police’s use of a warrantless GPS tracking device on a suspect’s car violated the Fourth Amendment.

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US Supreme Court takes on reliability of eyewitness IDs

Despite recent studies questioning the reliability of eyewitness testimony in criminal trials, the justices of the U.S. Supreme Court appear reluctant to provide special constitutional protections against such evidence, absent a claim that an identification was made under suggestive circumstances created by the police.

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Court justices tussle over ADA ministerial exception

During heated oral arguments in a case involving religious doctrines, government interests and claims of job discrimination, the justices of the U.S. Supreme Court tried to carve out just how much constitutional leeway religious organizations have to fire employees without facing a job bias claim.

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