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Supreme Court

Supreme Court to hear case on criminal penalties for homelessness

The Supreme Court will hear oral argument on Monday in a case that one legal expert has called the “most important Supreme Court case about homelessness in at least 40 years.” The issue before the court is the constitutionality of ordinances in an Oregon town that bar people who are homeless from using blankets, pillows, or cardboard boxes for protection from the elements while sleeping within the city limits. Defending the ordinances, the city contends that the laws simply … Read the rest

Supreme Court

Court allows Idaho to generally enforce ban on gender-transition care for minors

The Supreme Court on Monday cleared the way for Idaho to temporarily enforce a state law criminalizing gender-transition care for minors against anyone who is not part of a lawsuit currently challenging that ban. In a brief order, the justices granted the state’s request to limit the scope of an earlier order entered by a federal district court in Idaho, which had barred the state from enforcing the law at all while a challenge to its constitutionality continues.

The … Read the rest

Supreme Court

Jan. 6 defendant asks Supreme Court to throw out obstruction charge

The Supreme Court will hear oral argument on April 16 in the case of a former police officer from Pennsylvania who entered the Capitol during the Jan. 6, 2021, attacks. Joseph Fischer, who was charged with (among other things) assaulting a police officer, disorderly conduct in the Capitol, and obstruction of a congressional proceeding, has asked the justices to throw out the charge that he obstructed an official proceeding, arguing that the law that he was charged with violating … Read the rest

Supreme Court

Supreme Court limits “safety valve” in federal sentencing law

Justice Elena Kagan’s opinion for a sharply divided court in Pulsifer v. United States resolves an ambiguity in the provisions added to federal sentencing law in the First Step Act of 2018, coming down firmly on the side of the government. The problem involves how to read a “safety valve” in federal criminal sentencing laws, which allows defendants to avoid the often lengthy mandatory minimum sentences scattered throughout the federal criminal code. The safety valve requires the defendant to … Read the rest

Civil Law

Federal court finds the Corporate Transparency Act unconstitutional: Is compliance still required?

Congress passed the Corporate Transparency Act (CTA) as an anti-money-laundering initiative in 2021. Absent an applicable exemption,[1] the CTA requires all entities formed or registered to do business in the US (reporting companies) to report their beneficial ownership[2] to the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN).

In National Small Business United v. Yellen, No. 5:22-cv-01448 (N.D. Ala.), the National Small Business Association (NSBA) and one of its members brought a suit in the US District Court of the Northern … Read the rest

Circuit Courts

New Court Programs Inspire Students to Enter Legal Profession

Federal judges across the country are partnering with local bar associations, community groups, and schools to bring programs like these to high school students in the communities they serve.
Judiciary News – United States Courts… Read the rest

Supreme Court

Bump-stock ban comes before Supreme Court

The Supreme Court has already heard oral argument in one major gun-rights case this term, and on Wednesday the court will hear another. In November, the justices heard United States v. Rahimi, a challenge to the constitutionality of a federal law that makes it a crime for someone who is the subject of a domestic-violence restraining order to have a gun. Wednesday’s case involves the interpretation of federal law rather than the Second Amendment. The question before the court … Read the rest

Supreme Court

Social media content moderation laws come before Supreme Court

Once again, the relationship between the government and social media will headline arguments at the Supreme Court on Monday. NetChoice v. Paxton and Moody v. NetChoice are just the second of three social media disputes the court will hear this term. The justices on Monday will consider the constitutionality of controversial laws in Texas and Florida that would regulate how large social media companies like Facebook and X (formerly known as Twitter) control content posted on their sites.

Defending … Read the rest