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Showing posts from February, 2020

June Medical Services v. Russo

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Argument: March 4, 2020 Petitioner (Cross-Respondent) Brief: June Medical Services, et al. Respondent (Cross-Petitioner) Brief: Stephen Russo Decision: TBA Court below: Fifth Circuit Court of Appeals The Supreme Court Could Restrict Doctors’ Rights to Sue on Behalf of Women Seeking Abortions This week the Supreme Court will hear arguments from Louisiana and a group of medical providers about the legality of a Louisiana regulation on abortion providers. The law at issue requires that abortion providers have hospital admitting privileges within 30 miles of the locations where they perform abortions.  The law is not new to the Supreme Court, but the state defending it is. Texas passed the same law years back and in 2016 the Supreme Court ruled that it was illegal ( Whole Woman’s Health v. Hellerstedt ). The Constitution, the Court said, does not allow states to put a “substantial obstacle” on women’s access to abortion. The Texas law had done so, and the Court required Te...

The Supreme Court Copyright Battle Between Google and Oracle Will Confront “Fair Use” of Software

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Argument: March 24, 2020 Petitioner Brief: Google Respondent Brief: Oracle Decision: TBA Court Below: Federal Circuit Court of Appeals Google and Oracle will soon argue before the Supreme Court over the scope of copyright protection in an important area of software development. Oracle sued Google for its use of Java application programming interfaces (APIs) in the Android operating system. APIs are computer code that allow different software programs to communicate with each other. After two separate appeals in the lower courts, Oracle stands on top with a ruling that Google infringed its copyrights in the Java platform. Google is asking the Supreme Court to overturn the infringement ruling. The facts In 2005, Google began negotiating for a license to adapt the entire Java SE platform for smartphones and other mobile devices.  Oracle, which owns the Java platform, insisted that any Google product incorporating Java maintain compatibility with other Java programs...

Seila Law v. Consumer Financial Protection Bureau

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Argument: March 3, 2020 Petitioner Brief: Seila Law Respondent Brief: CFPB (Supporting Seila Law) Amicus Curiae Brief: Paul Clement (defending CFPB’s position) Decision: TBA Opinion Below: Ninth Circuit Court of Appeals Supreme Court to determine fate of the Consumer Financial Protection Bureau Two years after the 2008 financial crisis, Congress passed a massive piece of consumer protection legislation. The Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama in 2010, stating its goal “to protect consumers from abusive financial services practices.” The vote passed in both houses of Congress largely along party lines.  As part of this comprehensive legislation, Congress created a new federal agency, the Consumer Financial Protection Bureau (CFPB). The CFPB is an executive agency responsible for regulating providers of a wide range of consumer financial services, as well as enforcing federal consumer financial protection...

Atlantic Coast Pipeline v. Cowpasture River Preservation Association

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Argument: February 24, 2020 Petitioner Brief: Atlantic Coast Pipeline, LLC Respondent Brief: Cowpasture River Preservation Association, et al. Decision: TBA Court below: United States Court of Appeals for the Fourth Circuit Can the Appalachian Trail block a major natural gas pipeline project? A group of energy companies have set out to build a large natural gas pipeline along the mid-Atlantic region. They say it will strengthen the economy, lower energy costs, and bring cleaner electricity to Virginia and North Carolina.  It’s a controversial project. The pipeline will run from West Virginia through Virginia and into North Carolina. Construction will require digging through rural areas and the use of eminent domain against mostly less-affluent populations . The pipeline will expose its neighbors to a risk of leakage, and three compressor stations along the route will emit toxic gases.  Apart from the neighboring landowners’ complaints, environmental groups are...