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Lawyers, lawmakers ponder limits of GPS tracking ruling 

By: Kimberly Atkins
Published: May 22, 2012

Tags: Congress, Criminal Law, electronic monitoring, GPS, Supreme Court, U.S. v. Jones

WASHINGTON – Months after the U.S. Supreme Court ruled that the police’s use of GPS tracking devices on suspects’ cars constitutes a search for Fourth Amendment purposes, law enforcement officials, defense lawyers and lawmakers are trying to define the limits of the ruling.

Catholic groups sue over birth control mandate 

Published: May 21, 2012

Tags: Catholic groups, contraception, Department of Health and Human Services, First Amendment, freedom of religion, Obama administrations

WASHINGTON – In a series of lawsuits filed across the country Monday, dozens of Roman Catholic archdiocese, schools and other organizations are seeking to block the recent Health and Human Services mandate that requires most employers to cover contraception in their health care plans.

Parent’s years of residency not imputed to alien child 

Published: May 21, 2012

Tags: Board of Immigration Appeals, immigration, imputation, Supreme Court

The Board of Immigration Appeals’ determination that a parent’s years of residency are not imputed to a child is a permissible construction of federal law, the U.S. Supreme Court ruled.

Posthumously conceived kids not entitled to benefits 

Published: May 21, 2012

Tags: in vitro fertilization, Social Security benefits, Supreme Court

The Social Security Administration reasonably interpreted federal law in determining that only children supported by a deceased wage earner in his or her lifetime are entitled to Social Security benefits, the U.S. Supreme Court has ruled.

SOCIAL SECURITY BENEFITS 

Published: May 21, 2012

Children conceived by in vitro fertilization after a wage earner’s death are not entitled to Social Security benefits –  only children supported during the parent’s lifetime may collect benefits.

See “Posthumously conceived kids not entitled to benefits”

U.S. Supreme Court. Astrue v. Capato, No. 11-159. May 21,
» Continue Reading.

IMMIGRATION 

Published: May 21, 2012

The Board of Immigration Appeals’ determination that a parent’s years of residency are not imputed to a child is a permissible construction of federal law.

See “Parent’s years of residency not imputed to alien child.”

U.S. Supreme Court. Holder v. Gutierrez and Holder v. Sawyers, Nos. 10-1542
» Continue Reading.

STANDING 

Published: May 21, 2012

Do non-citizens have Article III standing to prospectively challenge a law allowing the government to obtain foreign intelligence information about them?

Clapper v. Amnesty International USA, No. 11-1025.Certiorari granted:  May 21, 2012. Ruling below: 638 F.3d 118. (2nd Cir. 2010).

Bankruptcy filings continue downward trend 

By: Kimberly Atkins
Published: May 18, 2012

Tags: bankruptcy filings, Federal courts

WASHINGTON – After years of record-breaking numbers of bankruptcy filings, the recent trend of declining filings continues, based on the most recent figures released by the Administrative Office of the U.S. Courts.

State attorneys general push for generic drug legislation 

Published: May 18, 2012

Tags: Congress, failure to warn, PLIVA v. Mensing, Supreme Court

WASHINGTON – State attorneys general are urging Washington lawmakers to pass a bill that would allow generic drug makers to face the same liability as brand name drug companies for failing to include adequate warnings on drug labels.

Bill to temporarily extend bankruptcy judgeships passes 

Published: May 16, 2012

Tags: bankruptcy court, bankruptcy judges

WASHINGTON – Congress has passed legislation that will temporarily save dozens of bankruptcy judgeships in 14 states and Puerto Rico from expiring.