With little time left for Senate action on the long-stalled Supreme Court nomination of Judge Merrick B. Garland, a New Mexico lawyer’s attempt to force a vote in the chamber was rebuffed again on Thursday, this time by the U.S. Court of Appeals for the District of Columbia Circuit. Santa Fe lawyer Steven S. Michel,… Read More
Major victory for prosecutors on insider trading
The Supreme Court on Tuesday gave federal prosecutors a significant legal victory when they pursue criminal cases against investors who use inside corporate tips they got through a chain of tipping. If the original tipper passed on valuable inside data but got no benefit from it other than the satisfaction of making a gift to… Read More
January hearings set. 3 cases still in limbo
The Supreme Court on Monday issued its calendar of cases to be heard in the fourth sitting of the Term, starting January 9, and three cases in limbo for a year are not yet on the schedule. The Court probably is holding the cases, each involving an issue likely to divide the Court, until a… Read More
Appeals court delays major constitutional fight
One of the most significant court battles over the Constitution and the Affordable Care Act may just fade away, in the wake of an order Monday by a federal appeals court. The dispute over funding for the health care law’s payments to insurance companies to keep their premiums and deductibles lower for people with lower… Read More
Is there a workable way to judge racial gerrymandering?
Only one thing was really clear after the Supreme Court spent two hours on Monday trying anew to craft a workable constitutional standard for judging when redistricting maps are based too heavily upon the race of voters. It was that the Justices are growing increasingly frustrated that they have to face repeatedly a renewal of… Read More
Court to rule on police shooting
Amid nationwide debate over the authority of police to use their guns in enforcing the laws, the Supreme Court on Friday agreed to decide whether police may be sued if they take action that provokes someone to be violent, and then shoot that individual in response. That was one of five new cases that the… Read More
When can a constitutional issue be avoided?
The Supreme Court has a long history of staying away from constitutional rulings unless they just can’t be avoided. It will even give a federal law an unusual interpretation, if that seems necessary to avoid striking it down as unconstitutional. But what if a law has a high potential for violating the Constitution, but there… Read More
The Court makes progress on a death penalty project
For 14 years, the Supreme Court has been puzzling over how to solve a basic constitutional puzzle over the death penalty: how to make sure that people who are intellectually disabled – but are not insane – are spared from execution. For a time during a hearing on Tuesday, it appeared that, at this point,… Read More
Test on partisan gerrymander heads to Court
A newly fashioned constitutional rule against partisan gerrymandering, emerging Monday in a federal court in Wisconsin, will be tested in the Supreme Court, state officials now plan. The split decision by a three-judge federal trial court struck down a 2011 plan giving Republicans a distinct advantage to elect members of the 99-seat state Assembly. The majority… Read More
Effort to get vote on Garland moves on
Arguing that the Senate “cannot ignore a nomination” to the Supreme Court, a New Mexico lawyer on Tuesday took to another level in the federal courts his one-man effort to force a vote on President Obama’s choice of Circuit Judge Merrick G. Garland to become a Justice. Steven S. Michel of Santa Fe, whose challenge to Senate… Read More