New York Governor Vetoes Bill Allowing People to Challenge Their Convictions

New York Gov. Kathy Hochul vetoed a bill just before Christmas that would have made it easier for people who have pleaded guilty to crimes to challenge their convictions, Maysoon Kahn reports for the Associated Press. The bill would have expanded the types of evidence that could be considered proof of innocence, including video footage or evidence of someone else confessing to a crime and would have allowed consideration for arguments that a person was coerced into a false Read the rest

Justices set aside university free speech challenge

Justices set aside university free speech challenge

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Amid the debate over free speech on university campuses, the justices on Monday set aside a decision by a federal appeals court in a case involving whether so-called “bias-response team policies” – procedures created by universities to solicit, track, and investigate reports of bias – chill students’ speech.

The order in Speech First v. Sands was part of a list of orders from the court’s private conference last week.

Over a dissent by Justice Clarence Thomas that was joined … Read the rest

Justices turn away West Point admissions challenge

Justices turn away West Point admissions challenge

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On Friday afternoon, the justices declined to temporarily block the U.S. Military Academy from considering race in its admissions process. In an unsigned order, the justices turned down a request from the same group that spearheaded challenges to the use of affirmative action in admissions at Harvard and the University of North Carolina, and which now argues that West Point’s use of race violates the Constitution.

Friday’s order also included a relatively unusual statement that provided a possible glimpse … Read the rest

Washington residents challenge state’s effort to tax long-term capital gains

Washington residents challenge state’s effort to tax long-term capital gains

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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 Constitution constrains states from excessively burdening out-of-state commerce – a doctrine known as the dormant commerce clause, because it is implicit in the grant of power to Congress to regulate interstate commerce. Five years ago, a divided Supreme Court held in South Dakota v. Wayfair that, under the doctrine, … Read the rest

Landlords challenge New York’s longstanding rent-stabilization regime

Landlords challenge New York’s longstanding rent-stabilization regime

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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.

Rents in New York City are among the highest in the country and rising. According to a report from brokerage firm Douglas Elliman, median rents in Manhattan reached a record high in May of $ 4,395 per month. Meanwhile, only a handful of residential units in the city are rent-controlled, … Read the rest

Colorado man’s First Amendment challenge will test the scope of protection for threatening speech

Colorado man’s First Amendment challenge will test the scope of protection for threatening speech

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There is no dispute that the Facebook messages Billy Raymond Counterman sent to local Colorado musician Coles Whalen made her feel afraid. For years, Counterman sent increasingly menacing messages in which he suggested that he had seen Whalen – who is identified only by her initials in court documents, but who has discussed the case on her website – while driving and made comments such as “Die” and “Fuck off permanently.” Whalen told a family member that she was

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On icy ground: Kamila Valieva and the challenge of pleading “no fault or negligence” in anti-doping cases

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On 21 February 2023, the World Anti-Doping Agency (“WADA”) issued a statement confirming that it was appealing the decision of the disciplinary tribunal of the Russian Anti-Doping Agency (“RUSADA”) in the case of Kamila Valieva to the Court of Arbitration for Sport (“CAS”). Although the full decision has not been published, the RUSADA tribunal found that the teenage figure skater bore ‘no fault or negligence’ (“NFON”) in testing positive for a … Read the rest

In COVID-19, Judicial Conference Met Its Ultimate Challenge

When COVID-19 struck in early 2020, Chief Justice William Howard Taft’s vision of a Judiciary that could work in unison was put to perhaps its greatest test. For critical weeks and months, the Judiciary’s very ability to conduct proceedings was endangered. The Judicial Conference of the United States, the Administrative Office of the U.S. Courts, and judges and court staff across the country worked tirelessly to keep courts open and safe.
Judiciary News – United States Courts

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