Cases to Watch – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 SCOTUS Cases to Watch in 2015 https://legacy.lawstreetmedia.com/news/scotus-cases-to-watch-2015/ https://legacy.lawstreetmedia.com/news/scotus-cases-to-watch-2015/#comments Tue, 06 Jan 2015 18:46:05 +0000 http://lawstreetmedia.wpengine.com/?p=31115

Check out the cases to watch in 2015 from the Supreme Court.

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It’s a new year, and I for one am excited to see what it will bring. No matter what, there will definitely be a lot of legal issues to discuss, debate, and bring changes to all of our lives. The five cases below are the top five to watch in 2015; some have already appeared before SCOTUS and await decisions in 2015, while others will be heard throughout the year. Here are five fascinating Supreme Court cases to watch in 2015.

Anthony Elonis v. United States

Law Street has actually been covering this interesting case for a while–check out our coverage of the case, the University of Virginia law clinic that’s gotten involved, and the all the legalese behind it. The reason we’ve followed it so closely is because it really is fascinating. Anthony Elonis was convicted of threatening multiple people, including his wife, an FBI agent, the police, and a kindergarten class. But these weren’t threats in the classical sense. They were written on his Facebook page in the form of rap lyrics. He claims the posts are art, protected under the First Amendment, and that he never intended to hurt anyone. It will be up to the Supreme Court to decide if such intent needs to be shown when convicting someone of making threats. The case was heard on December 1, 2014, but the court has yet to rule.

King v. Burwell

In King v. Burwell, SCOTUS will yet again be asked to weigh the Affordable Care Act. This time, it’s all about the tax subsidies, and weirdly, the central question in really depends on one word: “state.” The way that the ACA reads, in order for an individual to qualify for a tax subsidy, he needs to be receiving healthcare “through an exchange established by the state.” So, can people residing in states that haven’t set up their own exchanges, but instead rely on the federal program, get those tax subsidies? The IRS certainly thinks so and has been granting the subsidies. It’s an argument based pretty much on semantics, but it could have a huge effect on the ACA itself. This case will be heard in March.

Peggy Young v. United Parcel Service 

This case will ask the Supreme Court to weigh in on how pregnant employees are treated. Peggy Young, formerly a delivery driver for UPS, is arguing that the company violated the Pregnancy Discrimination Act (PDA). The PDA says that pregnant workers should be treated the same as any other worker who is “similar in their ability or inability to work.” Young and her lawyers argue that other employees who sustain temporary injuries or something of the like are moved to other positions, while she was forced to take unpaid leave. UPS claims that those other workers are given different jobs based on policies that don’t apply to Young, and she was treated the same as she would have been had she sustained an injury out of work. It will be up to the Supreme Court to decide who’s in the right here. The case was just heard in December 2014; an opinion is forthcoming.

Holt v. Hobbs

Holt v. Hobbs will require the justices to look into prison procedures that prevent inmates from growing a beard in Arkansas. The plaintiff, Gregory Holt, wants to be able to grow a half-inch beard in accordance with his Muslim faith. The state is arguing that it could be used to smuggle drugs or other contraband. SCOTUS will have to rule on whether or not those prison procedures violate the Religious Land Use and Institutionalized Persons Act (RLUIPA). The question that the justices will consider is whether or not there’s a compelling enough government interest to prevent Holt from expressing his religion. The case was heard in October 2014; the opinion will be issued this year.

Alabama Legislative Black Caucus v. Alabama

This case centers on the practice of gerrymandering. The justices will have to decide whether or not it was illegal for Alabama to redraw the districts in 2012 after the Census in a way that packed black voters into particular districts. The Alabama Black Caucus says that it relied too much on race when drawing those districts. While partisan gerrymandering is usually legal, racial gerrymandering is not–so the justices will have to decide which actually happened here. This case was heard in November 2014; the opinion is expected in the coming months.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Cases to Watch in 2014: Where are They Now https://legacy.lawstreetmedia.com/news/cases-watch-2014-now/ https://legacy.lawstreetmedia.com/news/cases-watch-2014-now/#comments Fri, 07 Nov 2014 17:29:52 +0000 http://lawstreetmedia.wpengine.com/?p=28275

Check out updates on Law Street's top cases to watch for 2014.

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In January I published a break down of the top cases and judicial issues to watch in 2014. Now that the year is coming to an end, it seems appropriate to give you a progress report and see where those cases all ended up.

8. Lavabit and Ladar Levison

The case in January: After Edward Snowden’s revelations about NSA spying, it was discovered that he was using an encrypted email service called Lavabit. The owner, Ladar Levison, was court-ordered to hand over access to the entire site to the government, because Lavabit’s programming made it impossible to hand over access to just Snowden’s account. In protest, Levison shut down the site, defied a gag order, and has now filed an appeal.

What happened in 2014: Ladar Levison lost his appeal in April when he was hit with contempt of court charges. However, the Fourth Circuit Court of Appeals, where the case was held, didn’t rule against Levison because of the merits of the case, but rather because it believed he had made a procedural misstep from the beginning and its hands were tied.

7. Jodi Arias

The case in January: In 2013, we saw the extremely weird case involving Jodi Arias in Arizona. She was eventually convicted of murdering her boyfriend, Travis Alexander. It was a gruesome and disturbing case in which the jury found her guilty; however, they could not agree on whether to sentence her to life in prison, or to death. A mistrial was declared on the sentencing portion of her trial and the new sentencing trial will also have new jurors.

What happened in 2014: The sentencing phase of Arias’ case is still underway. There’s controversy over some “mystery witness” and Arias demanding that the proceedings be made secret. What Arias’ sentence will be remains just as big of a mystery.

6. McCullen v. Coakley 

The case in January: McCullen v. Coakley has been waiting for its day in court since 2001. There was appeal after appeal before the Justices agreed to hear it. It involves a law that Massachusetts instituted to create a 35-foot buffer zone around reproductive health facilities.

What happened in 2014: SCOTUS ruled the Massachusetts buffer zones unconstitutional in the sense that they impeded protesters’ Freedom of Speech. If you’d like more information on the case, check out fellow Law Streeter Erika Bethmann’s excellent takedown of the decision: Sorry SCOTUS, Harassment isn’t Free Speech.

5. Silkroad Case

The case in January: The infamous illegal-good site Silk Road was removed from the web last Fall, and its alleged creator, Ross Ulbricht, was arrested. The site sold drugs and fraudulent IDs, among other things. In addition to being indicted for his work on the site, he has was accused of hiring assassins. The $80 million he allegedly made through the site is now in government custody.

What happened in 2014: The case against Ross Ulbrecht has been delayed until January 2015. He pleaded not guilty to various drug trafficking, money laundering, hacking, and criminal enterprise charges. According to his defense counsel, the case has been delayed because:

The court did not provide its reasons for the adjournment, but we asked for it earlier this week based on a couple of factors: the danger that the trial would run into the Christmas holidays, which would affect juror availability and the continuity of the trial; some technical and logistical delays (owing to the limitations inherent in Mr. Ulbricht’s pretrial confinement) in getting Mr Ulbricht access to some discovery; some other scheduling issues.

4. Marriage rights

The case(s) in January: The Supreme Court already put a stop to Utah’s same-sex marriage licenses in 2014. The case will now go to the nearest appeals court. This is just one example; there are other cases regarding the rights of homosexuals to marry all over the United States.

What happened in 2014: The victories just keep coming for gay marriage advocates. One of the biggest was on October 6 when the Supreme Court chose not to hear a whole collection of cases challenging same-sex marriage bans in a bunch of different states. Because it declined to weigh in on the appeals court decisions that had ruled the marriage bans unconstitutional, SCOTUS effectively increased the number of states with gay marriage to 30.

3. Voting Rights Cases

The case(s) in January: There have been a variety of efforts at the state level to change voting rights laws, and the DOJ and various special interest groups have stood up to these changes when needed. But in 2013, part of the Voting Rights Act was struck down by the Supreme Court. So, each challenge to voting rights has to be filed against separately. As a result, many suits will be heard in 2014 to states’ attempted voting rights changes.

What happened in 2014: As with gay marriage, there are a lot of cases still running through the system. Unlike gay marriage, there hasn’t been quite as much progress. There have been some cases argued in front of appeals courts, and some voter ID laws struck down, such as in Wisconsin and Texas. It seems like voter ID laws, as well as other restrictive voting laws will end up being decided on a state-by-state basis for a while.

2. Contraception 

The case(s) in January: There were contraception cases regarding coverage through the Affordable Care Act that made it to the court in 2013, but many more will be on deck in 2014. One involves a nonprofit called Little Sisters of the Poor, and others involve for-profit companies like Hobby Lobby.

What happened in 2014: The Hobby Lobby case was one of the biggest decisions to come out of SCOTUS this year. The Hobby Lobby decision made it so that private employers could refuse to provide certain contraception coverage in their insurance plans. While the justices attempted to make the case very narrow and make sure that they just ruled on the specifics of that case so that the “floodgates” wouldn’t be opened, what ramifications it may have down the road will be interesting to see.

1. NSA Cases

The case(s) in January: A lot of cases have been filed regarding the NSA’s monitoring of US citizens. A few may make it to the high court. US District Court Judge Richard Leon in Washington recently ruled that the NSA monitoring was unconstitutional. Meanwhile, District Court Judge William Pauley in New York dismissed a similar case. That kind of contradiction could lead to a big legal showdown in 2014.

What happened in 2014: This is another issue that has in many ways not come to its full judicial potential. Some cases are moving forward though — a federal appeals court in DC just started to hear a case that questioned the constitutionality of the NSA collecting so much data after the passage of the Patriot Act. This will be an issue to keep our eyes on moving into 2015.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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