The justices of the U.S. Supreme Court appeared unwilling Wednesday to allow police to take blood samples from suspected drunk drivers without a warrant.
Read More »Tag Archives: Ruth Bader Ginsburg
US high court: Can class plaintiffs stipulate damages to avoid federal court?
The justices of the U.S. Supreme Court this week considered whether the Class Action Fairness Act allows plaintiffs to avoid removal to federal court by promising to seek less than the monetary damages threshold.
Read More »Hope, fear in gay marriage cases at high court
Gay marriage supporters see 41 reasons to fret over the Supreme Court's decision to take up the case of California's ban on same-sex unions.
US Supreme Court: Can employers stop class actions before they start?
Can an employer, faced with a purported class action under the Fair Labor Standards Act, avoid litigation by immediately offering a settlement to the sole plaintiff before a class is certified?
Read More »Justices of US Supreme Court consider what law governs plain error appeals
The justices of the U.S. Supreme Court tussled on Wednesday over the issue of whether a plain error sentencing appeal must be decided according to the law in effect at the time of sentencing or at the time of appeal.
Read More »Justice Ginsburg gets Glamour-ous treatment
You may not expect to see one of the justices of the U.S. Supreme Court in the pages of a glossy fashion magazine. After all, their clothes are usually obscured by those black robes. But Justice Ruth Bader Ginsburg graces the pages of the latest issue of Glamour.
Supreme Court Justices question consequences of wrongful acquittals
The justices of the U.S. Supreme Court tackled a tough question on Tuesday, considering what consequences result under the Double Jeopardy Clause from an acquittal that was caused by a judge’s error.
Read More »US Supreme Court puts drug dogs’ noses to the test
Oral arguments in two Fourth Amendment cases before the U.S. Supreme Court Wednesday focused on a common question: just what does a dog’s nose know?
Read More »Cracked ribs fail to slow Justice Ginsburg
Justice Ruth Bader Ginsburg didn’t let a couple of cracked ribs break her stride as the U.S. Supreme Court finished one of its biggest terms in recent history.
Read More »Justice Ginsburg latest justice to receive bobbling honor
Just in time to celebrate the beginning of her 20th year on the Supreme Court, Justice Ruth Bader Ginsburg is being honored with a bobblehead doll.
US high court: Unions must give fee increase notice
The Supreme Court ruled Thursday that unions must give nonmembers an immediate chance to object to unexpected fee increases or special assessments that all workers are required to pay in closed-shop situations.
Read More »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.
Read More »US Supreme Court says no OT pay for drug sales reps
The Supreme Court has ruled that sales representatives for pharmaceutical companies do not qualify for overtime pay under federal law, a big victory for the drug industry.
Read More »US high court sides with state in DNA case
The Supreme Court on Monday upheld a rape conviction over objections that the defendant did not have the chance to question the reliability of the DNA evidence that helped convict him.
Read More »Qualified immunity decision leaves retaliatory arrest issue unsettled
The U.S. Supreme Court has declined to clearly answer the question of whether plaintiffs can bring First Amendment-based retaliatory arrest claims despite the existence of probable cause.
Read More »US Justices: Federal workers’ constitutional claims barred
The Merit Systems Protection Board provides the exclusive avenue of judicial review for federal employees’ adverse employment action challenges, even when those employees argue that a federal statute is unconstitutional, the U.S. Supreme Court has ruled.
Read More »Supreme Court rules in Double Jeopardy case
An informal vote taken by jurors before deliberations conclude and later reported to a judge in court does not amount to an acquittal, and therefore a retrial does not violate a defendant’s Double Jeopardy rights, the U.S. Supreme Court has ruled.
Read More »‘In Chambers’ pulls back curtains at Supreme Court
A U.S. Supreme Court justice stands in his august chambers concentrating on his latest project while a law clerk looks on in admiration. Is the subject a petition for certiorari that seeks to upend decades of constitutional precedent? Hardly.
Read More »Court: Families cannot sue over loan discount fee
The Supreme Court ruled unanimously Thursday that three families cannot sue a mortgage company for allegedly charging them a loan discount fee without giving them a lower interest rate.
Read More »Posthumously conceived kids not entitled to benefits, rules US high court
The Social Security Administration reasonably interpreted federal law in determining that only children supported by a deceased wage earner in his or her lifetime are entitled to Social Security benefits, the U.S. Supreme Court has ruled.
Read More »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 »Court considers age limit for life imprisonment
The question of whether the Constitution imposes an age limit on being sentenced to life in prison has left the justices of the U.S. Supreme Court struggling over where to draw difficult lines.
Read More »High court debates cocaine sentencing law
The Fair Sentencing Act of 2010 reduced the sentencing disparity between defendants convicted of crack cocaine-related crimes and those convicted of crimes involving the powder version of the drug.
Read More »U.S. Supreme Court rules private lawyer is immune from suit under §1983
A private lawyer can claim qualified immunity from a suit under §1983 over his actions in representing a public employer in an internal affairs investigation, the U.S. Supreme Court has ruled in a unanimous decision.
Read More »Court seems split on when to apply new sentences
The Supreme Court seemed split Tuesday on whether criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.
Read More »Immigration travel ban isn’t retroactive, says U.S. Supreme Court
An immigration statute limiting a legal permanent resident’s right of reentry does not apply retroactively to a felony conviction before the effective date of the law, the U.S. Supreme Court has ruled 6-3.
Read More »Court sides with property owners over EPA
The Supreme Court has unanimously sided with Idaho property owners whose plans to build a home were blocked by an Environmental Protection Agency order declaring the property contained wetlands.
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 »US Supreme Court rules prisoner’s interrogation didn’t violate ‘Miranda’
A prisoner was not “in custody” for Miranda purposes when he was isolated from the general prison population and questioned about conduct that occurred outside the prison because he was informed he could leave when he wanted, was not physically restrained and the door to the room was sometimes open, the U.S. Supreme Court has ruled.
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.
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