Jimmy Hoover covers the Supreme Court for The National Law Journal. He can be reached at [email protected]. Follow him on Twitter: @JimmyHooverDC.
June 24, 2024 | National Law Journal
Supreme Court Agrees to Review Constitutionality of Tennessee's Ban on Trans Care for MinorsA key dispute in the case is what level of constitutional scrutiny to apply to the state's law: a rigorous form known as "heightened scrutiny" or a more lenient type of "rational-basis" review. The circuit court applied the latter and found that the state could rationally concluded that SB1 was an appropriate response to risks from puberty blockers and hormone therapy.
By Jimmy Hoover
3 minute read
June 21, 2024 | National Law Journal
Justices Shut Down American's Fight for Noncitizen Spouse's VisaThe U.S. citizen failed to show her spouse's right to a visa is "deeply rooted in this Nation's history and tradition," Justice Amy Coney Barrett wrote for the majority. "In fact, Congress's longstanding regulation of spousal admissibility immigration ... cuts the other way."
By Jimmy Hoover
4 minute read
June 21, 2024 | National Law Journal
High Court Revives Confrontation Clause Claim Over 'Substitute Expert'"When an expert conveys an absent analyst's statements in support of his opinion, and the statements provide that support only if true, then the statements come into evidence for their truth," Justice Elena Kagan wrote for the court.
By Jimmy Hoover
4 minute read
June 21, 2024 | National Law Journal
Supreme Court Upholds Federal Firearm Ban for Suspected Domestic Abusers"When an individual poses a clear threat of physical violence to another, the threatening individual may be disarmed," Chief Justice John Roberts Jr. wrote for the 8-1 majority. Justice Clarence Thomas was alone in dissent.
By Jimmy Hoover
5 minute read
June 20, 2024 | National Law Journal
Justices Say 5th Circuit Erred in Retaliatory Arrest Case, Read Precedent Too NarrowlySupreme Court precedent holds probable cause generally defeats a First Amendment claim for retaliatory arrest. But an exception exists when evidence shows "similarly situated" individuals would be treated differently by police.
By Jimmy Hoover
4 minute read
June 20, 2024 | National Law Journal
High Court Says Testimony About 'Most' Drug Mules Not Against the RulesIn its 6-3 ruling, the Supreme Court rejected the argument that such testimony violated Federal Rule of Evidence 704(b), which prohibits experts from testifying about a defendant's mental state when such knowledge is an element of the crime.
By Jimmy Hoover
4 minute read
June 20, 2024 | National Law Journal
Justices Call Malicious Prosecution Charge-by-Charge Inquiry, Marking Victory for PlaintiffsA lower court had held that a malicious prosecution could not be brought because police had obtained probable cause for two of the three criminal charges against the plaintiff.
By Jimmy Hoover
3 minute read
June 20, 2024 | National Law Journal
Supreme Court Upholds Repatriation Tax on Foreign EarningsIn their 7-2 decision, the justices rejected arguments that the Mandatory Repatriation Tax violates the Constitution's Apportionment Clause, which requires "direct" taxes be divvied up among the states based on population.
By Jimmy Hoover
5 minute read
June 18, 2024 | Supreme Court Brief
Supreme Court Adds Cases on Wire Fraud, False ClaimsThe justices will also consider questions regarding the Fair Labor Standards Act and the Private Securities Litigation Reform Act.
By Jimmy Hoover
5 minute read
June 17, 2024 | National Law Journal
High Court Will Examine Burden of Proof in Fair Labor Standards Act SuitsWhen the case is heard next term, the justices will consider whether employers must prove by a "preponderance of the evidence" or instead by "clear and convincing evidence" that one of FLSA's listed exemptions precludes the lawsuit from going forward.
By Jimmy Hoover
3 minute read
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