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“Here we go again,” began US District Judge Carlton Reeves, referring to Mississippi latest abortion restriction, this one barring procedures after a fetal heartbeat is detected. If you’ll recall, Judge Reeves had already blocked a less prohibitive statute last year, rhetorically asking, “So, why are we here?” And the outcome here is the same. Judge Reeves granted the plaintiffs, Jackson Women’s Health Organization, a preliminary injunction, blocking the Mississippi law from going into effect....

The recent SCOTUS decision in Biestek v. Berryhill may have flown under most lawyers’ radars as it concerned a Social Security Administration’s ALJ’s determination of a petitioner’s claim for disability benefits, but it contains a vibrant analysis and two separate dissents with one curious pair of allies. The issues involved in the Biestek case actually present a rather novel discussion of the substantial evidence standard, and whether an expert’s testimony alone, without supporting documentation, can satisfy a substantial evidence standard....

While justices have traditionally tended to do more watching and listening on the first day they take the bench, Justice Brett Kavanaugh jumped right in. Perhaps trying not to be shown up by rookie Justice Neil Gorsuch’s first day, Kavanaugh started asking questions during the oral arguments in both of the cases heard on his first ever Tuesday morning SCOTUS oral argument. He challenged the attorneys on both sides of each of the cases on prior precedents, and made sure everyone knew he was prepared by specifically calling out page numbers in cited cases when formulating his questions....

In the state’s appeal from the District Court’s order conditionally granting Petitioner’s habeas petition, the order is reversed where the sentencing judge’s finding that Petitioner had committed crimes while on probation fell within Apprendi’s “prior conviction” exception. Read Kessee v. Mendoza-Powers, No. 07-56153 Appellate Information Argued and Submitted May 4, 2009 Filed June 23, 2009 Judges Before: John T. Noonan, Diarmuid F. O’Scannlain, and Susan P. Graber, Circuit Judges. Opinion by Judge Graber...

In the Supreme Court, it’s traditional for new justices to sit out of decisions in cases that were argued before they took the bench. That means if, for example, a Trump-nominated justice were to join the court on February 1st, they would not take part in decisions in cases where oral arguments were held earlier in the term. But that is just tradition. There are no hard-and-fast rules keeping justices from participating in decisions when they weren’t part of oral arguments....

The Ninth Circuit Court of Appeals recently rolled back an order from a federal judge in Oregon that granted protection for journalists and legal observers from forced dispersal by federal law enforcement. The decision stems from a temporary restraining order sought by a newspaper and several journalists earlier this summer. The plaintiffs argued that police and federal law enforcement tried to suppress reporting on misconduct by intimidating legal observers and members of the press at protests in Portland, Oregon....

In a recent panel decision out of the Ninth Circuit Court of Appeals, the district court issued injunction staying the full rescission of DACA was upheld. Despite the federal government’s pleas for the Supreme Court to intervene ahead of the circuit court, and the federal government’s assertion that the injunction forces the government to violate federal law, the Ninth Circuit panel all agreed that the plaintiffs had satisfied the likelihood of success on the merits factor, at least as to the equal protection claim....

In the middle of Supreme Court confirmation hearings for Amy Coney Barrett, the lawyer who successfully argued that bans on interracial marriages were unconstitutional passed away at the age of 86. It is a reminder of how far legal doctrines have come in a relatively short time and the importance of the Supreme Court in shaping America’s cultural and legal landscape. Loving v. Virginia remains relevant today, particularly in the wake of discussions about originalism, substantive due process, and other contested Supreme Court doctrines....

Last term, the Supreme Court heard the healthcare case, the Arizona immigration law appeal, and warrantless GPS tracking. This term, the Court will decide whether affirmative action will continue to be a part of university admissions considerations, and it could decide whether the Defense of Marriage Act (DOMA) is constitutional. How did the Court become so interesting? According to The Onion, the Nine got a big-shot new agent to ensure that it hears all the juiciest cases....

To offset the billions smoking costs New York, the state created a large excise tax. In turn, that created a large market for smuggled cigarettes, since many states have significantly lower taxes than New York. Tobacco smuggling is now a multibillion-dollar industry, with profit margins for smuggling cigarettes greater than cocaine, heroin or guns. In 2010, as many as one in five cigarettes were purchased illicitly. Enforcing Tax Through Common Carriers New York officials have long sought to cut down on the number of untaxed cigarettes bought in the state....

Good news, slope-bound attorneys: Snowmass will open this week, five days earlier that initially planned, thanks to early, heavy snow. And now, let’s tie ski season in with something about the law, so we’re not just goofing off at work. Last week, the Tenth Circuit Court of Appeals ruled against the Ark Initiative in its challenge to the proposed Snowmass Ski Improvements Project, finding that the organization had not properly exhausted its administrative remedies before bringing a federal lawsuit....

Will the U.S. Supreme Court allow a man who was arrested for making fun of police on a Facebook page to sue? The man, Anthony Novak of Parma, Ohio, is trying to convince the court to take up his case and called upon an unusual party to assist him with an amicus brief: the satirical news platform The Onion. As you may be aware, The Onion has built a stellar reputation over the decades as a purveyor of bitingly funny “fake news” while masquerading as a traditional news organization....

In 2009, New York City banned the sale of flavored smokeless tobacco products except in tobacco bars. Apparently, there are only eight tobacco bars in New York City. None of them sell flavored smokeless tobacco. That means that the city ordinance effectively eliminated flavored smokeless tobacco sales in the city. Tuesday, the Second Circuit Court of Appeals rejected tobacco companies’ claims that federal law preempted the ordinance. Congress enacted the FSPTCA in 2009 to grant the Food and Drug Administration (FDA) authority to regulate tobacco products under the Food, Drug, and Cosmetic Act....

As we celebrate the 50th Anniversary of the Civil Rights Act this year, our country still has a long way to go. One look at the Third Circuit – and the cases making headlines this week alone – is proof enough. Today, we’ll be looking at the latest movements in cases regarding same sex marriage in Pennsylvania, gay conversion therapy in New Jersey, and a Pennsylvania company’s contraception mandate challenge....

Defendant’s conviction for assault resulting in serious bodily injury is reversed where, because defendant’s two prior aggravated battery convictions bore on his intent only if a jury first infers that he is prone to violence, the district court abused its discretion by allowing testimony as to the facts underlying these convictions. Read US v. Commanche, No. 08-2257 Appellate Information Filed August 24, 2009 Judges Opinion by Judge Lucero Counsel For Appellant:...

District court’s denial of defendant’s motion to suppress evidence of crack cocaine found in his back jean pocket during a Terry stop is affirmed where: 1) officers had probable cause to stop defendant’s vehicle; 2) officers had reasonable suspicion of safety risk for a Terry frisk; and 3) once the officer saw the crack containers in plain view, he had probable cause to seize the contraband and arrest defendant. Read US v....

Crack Conviction Affirmed In US v. Wilkinson, No. 10-6024, the court affirmed defendant’s conviction for possessing with intent to distribute five grams or more of a mixture containing cocaine base, where the stop at issue was proper because the “collective knowledge” doctrine–under which the legality of the detention of a suspect by an officer can be supported by information possessed by a fellow officer who requests the detention, even if the requesting officer does not communicate the information to the other officer–applies to traffic stops for misdemeanors as well as stops for felonies....

It’s only been over the last few years that Americans have started to fully understand how much personal data apps and websites collect from users. It’s fair to argue that most popular free apps exist just to harvest and sell your data to advertisers. In the wake of all these alarming revelations, the California Consumer Privacy Act took effect on January 1. The law is the first of its kind in the U....

James Cromitie, David Williams, Onta Williams and Laguerre Payan were convicted in 2010 of planting (what they thought) were bombs outside synagogues in the Bronx and plotting to fire missiles at military planes. They were each sentenced to 25 years in prison. Prosecutors claim that an FBI informer — posing as a Pakistani terrorist — presented the men with an opportunity to commit violence to which they were predisposed. Defense lawyers claim that the informer used money to lure impoverished defendants with no ties to international terrorism into a plot they wouldn’t have devised on their own, The New York Times reports....

We’re not sure what is going on in Kansas right now, but we sure are glad we’re not there. The Sunflower State has been mulling over some potential bills that are not as sunny as its motto, including allowing corporal punishment in schools, and legalizing discrimination – in the name of religious freedom. The Spanking Bill The spanking bill, more officially known as HB 2699, if passed, would define corporal punishment as “up to ten forceful applications in succession of a bare, open-handed palm against the clothed buttocks of a child,” reports The Wichita Eagle....