Court sides with parents in dispute over California policies on transgender students
The justices’ troubling message to lower courts
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Birthright citizenship: A note on foundlings and comments on four complementary amicus briefs
Foundlings – babies born of unknown parentage – loomed large in the imagination of mid-19th century Americans, who dutifully read their Bibles and thought about baby Moses in a basket. Americans in the Civil War era also read novels both comic and dramatic, featuring eponymous foundlings such as Henry Fielding’s delightful Tom Jones and Charles Dickens’ virtuous Oliver Twist.
Continue ReadingSupreme Court skeptical of law banning drug users from possessing firearms
The Supreme Court on Monday was skeptical that the indictment of a Texas man on charges that he violated a federal law prohibiting the possession of a gun by the users of illegal drugs could go forward. Ali Danial Hemani argued that the law violates the Second Amendment – which guarantees “the right of the people to keep and bear Arms” – as it applies to him, and a majority of the justices appeared to agree.
Continue ReadingOral argument live blog for Monday, March 2
On Monday, March 2, we were live as the court heard argument in United States v. Hemani, on whether a federal statute that prohibits gun possession by users of illegal drugs violates the Second Amendment.
Continue ReadingJustices to consider breadth of a federal defendant’s waiver of appeal
In Hunter v. United States, to be argued on Tuesday, March 3, the Supreme Court will address how broad federal defendants’ waivers of their right to appeal can be and the effect of a district court’s statement at sentencing that the defendant may appeal when he previously agreed to an appellate waiver.
Continue ReadingSupreme Court to consider whether freight brokers can be held liable for negligent hiring
Updated on March 2 at 5:55 p.m.
In Montgomery v. Caribe Transport II, to be argued on Wednesday, March 4, the court will consider whether a federal law initially designed to deal with state trucking regulations supersedes state common-law claims holding freight brokers liable for negligently selecting dangerous motor carriers or drivers. That may not sound particularly fascinating, but the issue before the court, which involves the scope of the Federal Aviation Administration Authorization Act of 1994, could have broad liability implications for transportation logistics and the freight broker industry.
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