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Health overhaul's subsidies at Supreme Court
Headline News |
2014/10/30 09:57
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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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Washington high court to hear charter schools case
Court Watch |
2014/10/27 14:58
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The Washington Supreme Court is scheduled to hear arguments on Tuesday about whether the voter-approved charter school law violates the state constitution.
King County Superior Court Judge Jean Rietschel found in December that parts of the new law were unconstitutional. Her decision focused on whether certain taxpayer dollars can be used to pay for the operation of charter schools.
Those dollars are essential to the success of these new schools, according to the people who want to open nine charter schools in Washington state next fall. The state's first charter school, First Place Scholars, opened in Seattle this fall.
Both sides asked the state Supreme Court to skip the appeals court process and directly review the case. |
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Former Assistant Wayne County Prosecutor
Law Center |
2014/10/27 14:56
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Website asks high court to throw out lawsuit
Law Firm News |
2014/10/22 13:31
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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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Massachusetts Real Estate Attorney
Lawyer News |
2014/10/22 13:29
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For more than 30 years, Attorney Alan H. Segal has been lending legal expertise to the Greater Boston Massachusetts area from his Needham, Massachusetts Law Office. With great attentiveness, Alan and his associates have given legal consultation in business law, estate planning, and Massachusetts real estate law.
You can find Alan on the radio, cable, and local television sharing his ideas about current legal news. Navigating your way through the legal system can be a confusing and difficult task. He and his staff know that and want to be there for you as "YOUR LAWYER".
To visit the Law Office of Alan H. Segal, head to the intersection of Highland Ave and Route 128/95 on the Newton / Needham border, next to Staples.
Attorney Alan H. Segal has been known as a renowned Massachusetts real estate attorney for over 30 years. Sellers, buyers, and lenders of Massachusetts real estate property are all represented by his practice.
It is prudent to seek the guidance of a real estate agent like Alan to help with all real estate home buying in Massachusetts, as all such transactions have legal issues and tax consequences.
If you need an experienced Massachusetts real estate attorney contact us today for a free and confidential consultation! |
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U.S. Supreme Court blocks Wisconsin voter ID law
Legal Focuses |
2014/10/13 16:34
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The U.S. Supreme Court on Thursday blocked Wisconsin from implementing a law requiring voters to present photo IDs, overturning a lower court decision that would have put the law in place for the November election.
The 7th U.S. Circuit Court of Appeals declared the law constitutional on Monday. The American Civil Liberties Union followed that up the next day with an emergency request to the Supreme Court asking it to block the ruling.
On Thursday night, the U.S. Supreme Court did so, issuing a one-page order that vacated the appeals court ruling pending further proceedings. Justices Samuel Alito, Antonin Scalia and Clarence Thomas dissented, saying the application should have been denied because there was no indication that the 7th Circuit had demonstrably erred.
The voter photo identification law has been a political flashpoint since Republican legislators passed it in 2011. The GOP argues the mandate is a common sense step toward reducing election fraud. Democrats maintain no widespread fraud exists and that the law is really an attempt to keep Democratic constituents who may lack ID, such as the poor, minorities and the elderly, from voting.
The law was in effect for the February 2012 primary but subsequent legal challenges put it on hold and it hasn't been in place for any election since.
The ACLU and allied groups persuaded a federal judge in Milwaukee to declare the law unconstitutional in April.
Republican Attorney General J.B. Van Hollen asked the 7th U.S. Circuit Court of Appeals to overturn the decision. A three-judge panel ruled last month that the state could implement the law while it considered the merits of the case, sparking outrage from the ACLU, its allies and Democrats who contended that state election officials couldn't re-implement the law in time for the Nov. 4 elections and that chaos would reign at the polls.
A flurry of legal jousting ensued. The ACLU asked the Supreme Court last week to take emergency action to block the appeals panel's decision. On Monday the 7th Circuit issued a full ruling declaring the law constitutional, a decision that was all but certain given the initial order allowing the state to move ahead, promoting the ACLU to follow Tuesday with another emergency request to the Supreme Court. |
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