As a Japanese American, Judge Susan Oki Mollway never considered herself disadvantaged while growing up in the multicultural environment of Hawaii. So, she was surprised, when she was nominated to the federal bench in 1998, to learn she was the first Asian woman to serve as an Article III federal judge. In recognition of Asian Pacific American Heritage Month, a new video profile explores Mollway’s heritage.
Judiciary News – United States Courts… Read the rest
Share
The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
The Administrative Procedure Act is a federal law that governs the procedures by which federal agencies propose and issue regulations. The APA gives anyone who is injured by an agency’s action the right to go to court to challenge the action, but plaintiffs must file their challenges “within six years … Read the rest
Share
For decades, the Supreme Court has steadily narrowed the scope of the federal criminal wire fraud statutes, and Thursday’s decision in Ciminelli v. United States is no exception. The court held that the federal criminal wire fraud statutes do not incorporate a “right to control” theory of fraud. The court referenced both federalism and overcriminalization concerns in narrowing the scope of the wire fraud statutes, pushing federal prosecutors to be more precise in articulating fraud cases against suspicious state … Read the rest
Individuals can now pay tickets for minor federal violations more easily, using a redesigned website for the Judiciary’s Central Violations Bureau. The website, officially launching in early May, leverages new technologies and best design practices to improve usability and accessibility across devices, including smart phones.
Judiciary News – United States Courts… Read the rest
Share
Nearly 40 years ago, in Chevron v. Natural Resources Defense Council, the Supreme Court ruled that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable. On Monday, the Supreme Court agreed to reconsider its ruling in Chevron.
The question comes to the court in a case brought by a group of commercial fishing companies. They challenged a rule issued by the National Marine Fisheries Service that requires the fishing industry to pay … Read the rest
Share
The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
Next term the justices will hear the government’s appeal of a decision by the U.S. Court of Appeals for the 5th Circuit that found the funding mechanism for the Consumer Financial Protection Bureau unconstitutional. This week, we highlight cert petitions that ask the court to consider, among other things, whether … Read the rest
Share
Both oral advocates faced fairly cold receptions on Monday morning in United States v. Hansen when the Supreme Court heard argument on whether 8 U.S.C. § 1324(a)(1)(iv), the federal law that criminalizes “encouraging or inducing” an immigrant to come or remain in the United States unlawfully, violates the First Amendment’s guarantee of freedom of speech.
The argument also shed more light on the newer justices’ views on the freedom of speech. The newly reconfigured Court appears less strongly … Read the rest
The Judicial Conference of the United States today agreed to recommend to Congress the creation of new district and court of appeals judgeships to meet workload demands in certain courts.
Judiciary News – United States Courts… Read the rest