Supreme Court or Bust: Justia Weekly Writers’ Picks, July 25, 2014

Two federal appeals courts this week issued conflicting opinions on Obamacare. King v. Burwell, US 4th Cir. (7/22/14) Health Law, Tax Law Plaintiffs filed suit challenging the validity of an IRS final rule implementing the premium tax credit provision of the Patient Protection and Affordable Care Act (ACA), 26 U.S.C. 36B. The final rule interprets the Act as authorizing the IRS

Justia Weekly Writers’ Picks, July 18, 2014 – As California Goes . . .

This week, a federal judge in the U.S. District Court for the Central District of California issued a ruling that California’s death penalty is unconstitutional.  Read Courtney Minick’s analysis of the opinion on Justia’s Verdict: Federal Judge Strikes Down California Death Penalty: What This Could Mean for California. Texas Div., Sons of Confederate Veterans, Inc. v. Vandergriff, et al., US 5th

Google and the Right to Be Forgotten

Last month, the Court of Justice of the European Union issued a preliminary ruling on the right of natural persons to privacy with respect to the processing of personal data. In the case, Mr. Costeja González, a Spanish national, had lodged a complaint with the Agencia Española de Protección de Datos (AEPD), the Spanish Data Protection Agency, concerning a then

Justia Resources and Commentary on the Supreme Court’s Hobby Lobby Decision

Today, the U.S. Supreme Court handed down its decision in the much-anticipated case Burwell v. Hobby Lobby Stores, Inc. (formerly Sebelius v. Hobby Lobby Stores, Inc., consolidated with Conestoga Wood Specialties Corp. v. Burwell and Autocam Corp. v. Burwell). In a 5-4 opinion by Justice Samuel Alito, the Court held that the Religious Freedom Restoration Act (RFRA) permits a closely held for-profit corporation to deny its

Super Size It: Justia Weekly Writers’ Picks, June 27, 2014

New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Dep’t of Health & Mental Hygiene, New York COA, (6/26/14) In 2012, in an effort to combat obesity among residents of New York City, the New York City Board of Health amended the City Health Code so as to restrict the size of cups and containers used

Justia’s Weekly Writers’ Picks – June 13, 2014

Scialabba v. de Osorio, US Supreme Court (6/9/14) Immigration Law Qualifying U.S. citizens and lawful permanent residents (LPRs) may petition for family members to obtain immigrant visas. A sponsored individual (principal beneficiary) is placed into a “family preference” category based on relationship to the petitioner, 8 U.S.C. 1153(a)(1)–(4). The principal beneficiary’s spouse and minor children qualify as derivative beneficiaries, entitled

Signed, Sealed, Delivered: Justia Weekly Writers’ Picks June 6, 2014

Makowski v. Granholm, Michigan Supreme Court (6/3/14) Constitutional Law, Criminal Law Plaintiff-appellant Matthew Makowski filed an action in the Court of Claims against the Governor and the Secretary of State, seeking a declaratory judgment and injunctive relief to reverse then-Governor Jennifer Granholm’s decision to revoke her commutation of plaintiff’s nonparolable life sentence that had been imposed for his first-degree murder

10 Shocking Cases That Will Change Your Understanding of American History

May is Asian/Pacific American Heritage Month. In his proclamation, President Obama cited the accomplishments of Asian Americans, Native Hawaiians and Pacific Islanders and acknowledged the difficulties that members of this community have faced both historically and in the present. Let’s take a short trip through our nation’s case law to look at some of these difficulties. Your lessons in school

Who Let the Dogs Out? Justia Weekly Writers’ Picks May 30, 2014

Robinson v. Legro, Colorado Supreme Court (5/27/14) Injury Law A bicyclist was attacked by two ranch dogs herding sheep while participating in a mountain bike race. The cyclist and dogs were on federally owned land on which the attack took place, subject to a sheep grazing permit and a recreational use permit. The cyclist sustained serious injuries during the attack.