Supreme Court

Justices divided on the constitutionality of the federal law that bans “encouraging” immigrants to remain unlawfully in the United States

Justices divided on the constitutionality of the federal law that bans “encouraging” immigrants to remain unlawfully in the United States

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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

Supreme Court

Justices take up case on federal admiralty law, seek government’s views on two pending petitions

Justices take up case on federal admiralty law, seek government’s views on two pending petitions

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The Supreme Court on Monday morning added a maritime law case to its docket for the 2023-24 term and invited the federal government to submit briefs expressing its views in two more cases. Both announcements came on an otherwise quiet order list released from the justices’ conference on Friday, March 3.

The justices granted review in Great Lakes Insurance SE v. Raiders Retreat Realty Co., a dispute that began after a yacht owned by Raiders Retreat Realty Co. … Read the rest

Supreme Court

Literalism vs. lenity in a case on the scope of federal identity theft

Literalism vs. lenity in a case on the scope of federal identity theft

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The federal aggravated identity theft statute imposes a two-year sentence for any person who, “during and in relation to” certain enumerated felonies, “knowingly transfers, possesses, or uses without lawful authority, a means of identification of another person.” On Monday, the Supreme Court will consider the reach of this statute in Dubin v. United States.

As background, petitioner David Dubin was convicted of health care fraud — an enumerated felony. Dubin was the managing partner of a psychological services … Read the rest

Circuit Courts

Federal Courts Offer Law Day Resources on Civility and Decision-Making

Civility in the law and in life is the focus of the Judiciary’s 2023 Law Day resources for teachers, judges, and the legal community. Courtroom and classroom activities that give students real-life experience with civil discourse and solid decision-making skills are at the heart of the Judiciary’s national initiative Civil Discourse and Difficult Decisions.
Judiciary News – United States Courts… Read the rest

Supreme Court

Justices request federal government’s views on Texas and Florida social-media laws

Justices request federal government’s views on Texas and Florida social-media laws

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The Supreme Court on Monday asked the Biden administration for its views on a pair of controversial social-media laws enacted in Texas and Florida. Passed in response to beliefs that social-media platforms were censoring their users, particularly those expressing conservative political views, both states’ laws seek to regulate the content-moderation policies of social-media companies like Facebook and Twitter.

The justices asked the solicitor general to weigh in on NetChoice v. Paxton (a pending petition on the Texas law) and … Read the rest

Civil Law

Federal meat inspection has failed to adapt to operational environment

Editor’s note: This is the first of a four-part series.

I had two simultaneous careers: the U.S. Army Reserve and the USDA’s Food Safety and Inspection Service (FSIS). I graduated from the U.S. Army War College (USAWC) with a masters degree in Strategic Studies. I earned a bachelors of science, Doctor of Veterinary Medicine, and masters in Veterinary Pathology with a minor in Meat Science. I participated in strategic planning on two general staffs. I was an Inspector-in-Charge in slaughter … Read the rest