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CIVIL RIGHTS 

Published: December 5, 2011

Tags: civil rights

Does the existence of probable cause to make an arrest bar a First Amendment retaliatory arrest claim?

See “Justices to decide if retaliatory arrest suit is barred”

Reichle v. Howards, No. 11-262. Certiorari granted:  Dec. 5, 2011. Ruling below: 634 F. 3d 1131 (10th Cir. 2011).

SENTENCING 

Published: November 29, 2011

Tags: crack, Fair Sentencing Act of 2010, powder cocaine, sentencing

Does the Fair Sentencing Act, which reduces the disparity in sentencing between crack and powder cocaine offenses, apply to all defendants sentenced after the statute’s enactment, even if the offense occurred before that date?

See “Does Fair Sentencing Act apply retroactively?”

U.S. Supreme Court. Hill v. U.S., No. 11-5721 and Dorsey v. U.S., No. 11-5683. Certiorari granted Nov. 28, 2011. Rulings below: U.S. v. Hill, No. 10-3837 (7th Cir. 2011); U.S. v. Fisher, 635 F.3d 336 (7th Cir. 2011).

EVIDENCE – HARMLESS ERROR 

Published: November 28, 2011

Tags: harmless error

Was it harmless error when a court looked at the totality of the evidence introduced against the defendant at trial and not at the effect of the possible error of admitting the challenged evidence, including the impact it may have had on the jury?

See “Court to evaluate harmless error analysis”

Vasquez v. U.S., No. 11-199. Certiorari granted Nov. 28, 2011. Ruling below: 635 F.3d 889 (7th Cir. 2011).

CRIMINAL 

Published: November 28, 2011

Tags: Apprendi, Apprendi v. New Jersey, criminal fines

Are criminal fines subject to the constitutional requirement that a jury decide sentencing factors that increase a penalty beyond the prescribed statutory maximum?

See “Justices to decide whether ‘Apprendi’ applies to criminal fines”

Southern Union Company v. U.S., No. 11-94. Certiorari granted:  Nov. 28, 2011. Ruling below: 630 F. 3d 17 (1st Cir. 2010).

FAIR LABOR STANDARDS ACT 

Published: November 28, 2011

Tags: fair labor standards act, FLSA, GlaxoSmithKline, outside sales, overtime pay, pharmaceutical sales, Secretary of Labor

Should federal courts give deference to the U.S. Secretary of Labor’s interpretation of the Fair Labor Standards Act’s outside sales exemption to make pharmaceutical sales representatives eligible for overtime?

See “Justices to decide whether pharmaceutical reps entitled to overtime”

Christopher v. SmithKline Beecham Corp., No. 11-204. Certiorari granted:  Nov. 28, 2011. Ruling below: 635 F. 3d 383 (9th Cir. 2011).

SOCIAL SECURITY 

Published: November 14, 2011

Tags: Social Security

Are children conceived after the death of a biological parent eligible for Social Security survivor benefits when state law denies them the right to an inheritance?

See “Justices to decide effect of posthumous conception on benefits”

Astrue v. Capato, No. 11-159. Certiorari granted:  Nov. 14, 2011. Ruling below: 631 F. 3d 626 (3rd Cir. 2010).

TAXATION 

Published: November 14, 2011

Tags: equal protection, taxation

Does the Equal Protection Clause preclude a local taxing authority from refusing to refund payments made by those who have paid their assessments in full, while forgiving the obligations of identically situated taxpayers who chose to pay over a multi-year installment plan?

Armour v Indianapolis, No. 11-161. Certiorari granted Nov. 14, 2011. Ruling below: 946 N.E.2d 553. (Ind. 2011).

HEALTHCARE REFORM 

Published: November 14, 2011

Tags: Commerce Clause, Congress, individual mandate, Patient Protection and Affordable Care Act, severability, Supreme Court

Is the individual health care coverage mandate in the Patient Protection and Affordable Care Act constitutional, and if not, is it severable from the rest of the statute?

See “Justices takes up health care challenge, severability”

National Federation of Independent Business v. Sebelius, No. 11-393.Certiorari granted  Nov. 14, 2011. Ruling below: Docket No. 3:10-cv-00091-RV-EMT (11th Cir. 2011); Florida v. Department of Health and Human Services, No. 11-400. Certiorari granted  Nov. 14, 2011. Ruling below: Docket No. 3:10-cv-00091-RV-EMT. (11th Cir. 2011).

HEALTHCARE REFORM 

Published: November 14, 2011

Tags: Anti-Injunction Act, health care, Patient Protection and Affordable Care Act, Supreme Court, taxation

Does the Anti-Injunction Act bar courts from considering constitutional challenges to the federal health care law before it goes into effect?

See “Court considers jurisdictional bar in health care case”

Department of Health and Human Services v. Florida, No. 11-398.Certiorari granted:  Nov. 14, 2011. Ruling below: Docket No. 3:10-cv-00091-RV-EMT. (11th Cir. 2011).

HEALTHCARE REFORM 

Published: November 14, 2011

Tags: Congress, health care, Medicaid, Patient Protection and Affordable Care Act, Supreme Court

Does the doctrine of coercion prohibit Congress from conditioning states’ federal Medicaid funding on the adoption of expanded eligibility and coverage thresholds under the federal health care law?

See “Court to consider health care law’s Medicaid mandate”

Florida v. Department of Health and Human Services, No. 11-400. Certiorari granted  Nov. 14, 2011. Ruling below: Docket No. 3:10-cv-00091-RV-EMT. (11th Cir. 2011).