The Board of Immigration Appeals’ determination that a parent’s years of residency are not imputed to a child is a permissible construction of federal law, the U.S. Supreme Court ruled.
Read More »Tag Archives: Elena Kagan
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.
Read More »Supreme Court tackles Ariz. immigration law
The last oral argument of the U.S. Supreme Court’s term was an explosive one, as the justices considered whether SB 1070, the controversial Arizona immigration statute, is preempted by federal law.
Read More »Justices consider Double Jeopardy without formal verdict
Sometime jury members can’t come to an agreement in criminal cases. But when jurors are prepared to acquit a defendant on the most serious charges in a case and are deadlocked on the lesser included charges, can a defendant be retried or has jeopardy attached?
Read More »Lawyers leery of preemptive strike to failure-to-warn claim
The confusing state of the U.S. Supreme Court’s preemption jurisprudence got trickier late last month with a ruling throwing out a state-based failure-to-warn claim on the grounds that federal law occupied the field of locomotive safety.
Read More »Lawmakers push justices to adopt formal recusal rules
Despite assurances from Chief Justice John Roberts that such a move was unnecessary and unwise, a group of lawmakers is pushing the Supreme Court to drop its current self-policing policy for recusals and formally adopt the same judicial code of ethics that binds other federal judges.
Read More »Police aren’t liable for executing ‘overbroad’ warrant, rules high court
Police officers were immune from being sued for violating the Fourth Amendment by executing a purportedly overbroad “all firearms” search warrant, the U.S Supreme Court has ruled.
Read More »US Supreme Court: Immigrants can be deported for filing false tax return
Resident aliens committed a deportable offense by filing a false tax return that resulted in the federal government sustaining a loss in revenue in excess of $10,000, the U.S Supreme Court has ruled in a 6-3 decision.
Read More »Sen. Democrats urge Chief Justice to release Supreme Court ethics rules
Several Democratic members of the Senate sent a letter to Chief Justice John Roberts this week urging him to release the Supreme Court’s ethics rules and confirm the court’s justices follow the same ethics code that binds other federal judges.
Read More »US Supreme Court won’t hear arguments on Kagan recusal request
The U.S. Supreme Court declined to allot oral argument time to a group challenging Justice Elena Kagan’s participation in the health care challenge.
Read More »High Court finds deportation policy ‘arbitrary and capricious’
The Board of Immigration Appeals’ policy for deciding when resident aliens may apply for discretionary relief from deportation under §212(c) is arbitrary and capricious, the U.S. Supreme Court has ruled.
Read More »Lawmaker continues to press White House on Kagan’s role in health care law’s defense
Rep. Lamar Smith is amplifying his call to the White House to disclose more information about Supreme Court Justice Elena Kagan’s involvement in crafting the defense of the federal health care overhaul when she was solicitor general now that the Court is set to decide the law’s constitutionality.
Read More »US Supreme Court takes on tolling securities case
Sometimes at the U.S. Supreme Court, words and labels mean everything.
Read More »Health care case to get full US Supreme Court — Kagan, Thomas included
When the U.S. Supreme Court granted certiorari to decide the constitutionality of the federal health care law’s individual mandate, as well as several other jurisdictional and substantive issues, there was a notable omission: no mention was made about recusal of any justice from the decision.
Read More »Who will be the next US Supreme Court justice?
If President Barack Obama is able to do again what few other presidents have – appoint a justice to the U.S. Supreme Court – chances are he will turn to a candidate who will have an even easier time winning confirmation than the president’s first two picks: D.C. Circuit Judge Merrick Garland.
Read More »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.
Read More »High court considers ‘Bivens’ claims against private prison
At oral arguments on Tuesday, the justices of the U.S. Supreme Court seemed skeptical of a federal prisoner’s claim that he should be allowed to bring a Bivens action against private contractors who run the prison where he was housed.
Read More »Wis. one of 26 states to appeal health care law to US Supreme Court
By MARK SHERMAN Associated Press WASHINGTON (AP) - States and a business group opposed to President Barack Obama's health care overhaul asked the Supreme Court on Wednesday for a speedy ruling that puts an end to the law aimed at extending insurance coverage to more than 30 million people. The high court should strike down the entire ... Subscribe Login ...
Read More »Lawmakers call for hearing on U.S. Supreme Court recusal bill
First Monday at the U.S. Supreme Court is just around the corner, and some congressional Democrats are stepping up their push to try to make Supreme Court justices step aside in cases where they have financial or political ties.
Read More »Health care case puts spotlight on Supreme Court recusals
The U.S. Supreme Court has yet to decide whether to take up the constitutional challenge to the nation’s health care law, but already some critics are stepping up calls for two justices to recuse themselves from considering the case.
Read More »High court limits state rules on campaign spending (UPDATE)
By MARK SHERMAN Associated Press WASHINGTON (AP) — The Supreme Court imposed new limits Monday on states trying to restrain the influence of money in politics, striking down a law that tied the amount of public funds a candidate receives to how much privately funded rivals spend. The 5-4 ruling was the latest in a series of decisions ... Subscribe ...
Read More »Senate committee advances SG nomination
Washington — The Senate Judiciary Committee has voted to advance the nomination of Donald B. Verrilli Jr. as U.S. solicitor general to the full Senate.
Read More »Who’s doing what
Godfrey & Kahn SC will hosts the 60th Annual Meeting of the 7th Circuit Bar Association on the evening of May 16 at the Pfister Hotel in Milwaukee. The annual dinner will include remarks from United States Supreme Court Justice Elena Kagan in her inaugural year as Associate Justice for the Seventh Circuit. The keynote speaker ... Subscribe Login Digital ...
Read More »US judges agree to pilot study of cameras in court
Washington - The nation's federal judges agreed Tuesday to a pilot project that could televise some civil trials -- 16 years after the judges ended a similar experiment.
Read More »U.S. Supreme Court term packed with big cases
Washington - The U.S. Supreme Court begins its upcoming term with a docket full of cases important to litigators. Starting on Oct. 4, the justices will take on issues ranging from the ability to file suit in matters involving arbitration clauses or federal regulations, to retaliation and privacy issues in employment law, to major criminal law and civil rights questions.
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