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Health overhaul's subsidies at Supreme Court
Top Court Watch |
2014/10/30 11:23
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Supreme Court justices have their first chance this week to decide whether they have the appetite for another major fight over President Barack Obama's health care law.
Some of the same players who mounted the first failed effort to kill the law altogether now want the justices to rule that subsidies that help millions of low- and middle-income people afford their premiums under the law are illegal.
The challengers are appealing a unanimous ruling of a three-judge panel of the federal appeals court in Richmond, Virginia, that upheld Internal Revenue Service regulations that allow health-insurance tax credits under the Affordable Care Act for consumers in all 50 states. The appeal is on the agenda for the justices' private conference on Friday, and word of their action could come as early as Monday.
The fight over subsidies is part of a long-running political and legal campaign to overturn Obama's signature domestic legislation by Republicans and other opponents of the law. Republican candidates have relentlessly attacked Democrats who voted for it, and the partisanship has continued on the federal bench. Every judge who has voted to strike down the subsidies was appointed by a Republican president.
The appeal has arrived at the Supreme Court at a curious time; there is no conflicting appeals court ruling that the justices often say is a virtual requirement for them to take on an issue. Justice Ruth Bader Ginsburg cited that practice, for example, as a reason she and her colleagues decided not to take on the same-sex marriage issue. And in the gay marriage cases, both sides were urging the court to step in. |
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Website asks high court to throw out lawsuit
Top Court Watch |
2014/10/22 15:04
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A lawyer told the Washington Supreme Court on Tuesday that a lawsuit filed by three young girls who were sold as prostitutes on a website should be thrown out because the website didn't write the ads, so it's not liable.
But the victims' lawyer said the website, Backpage, doesn't have immunity under the federal Communications Decency Act because the website markets itself as a place to sell "escort services" and provides pimps with instructions on how to write an ad that works, making them a participant in the largest human-trafficking website in the U.S.
The justices plan to rule on the case at a later date.
Before the hearing several dozen people stood in the rain on the court steps with signs that read: "People's bodies are not commodities," ''End Child Slavery" and "Stop Buying Our Girls."
"No one has the right to sell a kid for sex," said Jo Lembo, with Shared Hope International. "That's why we're here. Someone has to speak up for them. They're kids."
A similar case was filed last week in federal court in Boston, but a previous case in Missouri was dismissed, said Yiota Souras, a lawyer with the National Center for Missing & Exploited Children. "The Washington state case has gone further than any previous case," she said. |
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Supreme Court rejects appeal over Justice memo
Top Court Watch |
2014/10/20 13:02
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The Supreme Court won't hear an appeal from a civil liberties group that wants to make public an internal Justice Department memo that allows the FBI to informally obtain phone records.
The justices on Tuesday let stand an appeals court ruling that said the Justice Department could refuse to release the 2010 memo under an exception to the Freedom of Information Act.
The Electronic Frontier Foundation argued that the public has a right to see how the Justice Department's Office of Legal Counsel authorized the FBI to access phone call records from telephone companies for terrorism investigations.
The U.S. Court of Appeals for the District of Columbia Circuit said the memo was part of the government's internal deliberations and therefore exempt from disclosure. |
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San Francisco Copyrights Lawyer - The Onu Law Firm
Top Court Watch |
2014/09/23 14:31
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The Onu Law Firm can assist you in obtaining a copyright registration for your original work. We also provide advice and procurement services concerning US copyright matters such as searching, registration, licensing, policing and copyright enforcement.
The Onu Law firm will help you with license development and distribution agreements in order to maximize your copyright value. The Onu Law Firm has a firm grasp on copyright law: enforcement, protection and defense. With our experience, we will help prevent copyright infringement, defend you against infringement claims, and should the need arise, seek damages from infringement through litigation or settlement.
If you’re in need of our Copyright expertise, contact our San Francisco Copyrights Lawyers at the Onu Law Firm for assistance.
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Case of American jailed in Cuba back in US court
Top Court Watch |
2014/09/23 14:31
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A government subcontractor who has spent over four years imprisoned in Cuba should be allowed to sue the U.S. government over lost wages and legal fees, his attorney told an appeals court Friday.
Alan Gross was working in Cuba as a government subcontractor when he was arrested in 2009. He has since lost income and racked up legal fees, his attorney Barry Buchman told the three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. A lawyer for the government argued the claims are based on his detention in Cuba, making him ineligible to sue.
The panel is expected to issue a written ruling on the case at a later date.
A lower-court judge previously threw out Gross' lawsuit against the government in 2013, saying federal law bars lawsuits against the government based on injuries suffered in foreign countries. Gross' lawyers appealed.
Gross was detained in December 2009 while working to set up Internet access as a subcontractor for the U.S. government's U.S. Agency for International Development, which does work promoting democracy in the communist country. It was his fifth trip to Cuba to work with Jewish communities on setting up Internet access that bypassed local censorship. Cuba considers USAID's programs illegal attempts by the U.S. to undermine its government, and Gross was tried and sentenced to 15 years in prison. |
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