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Archive for April 2012

Arizona’s Immigration Law May Get Court’s Blessing

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A skeptical U.S. Supreme Court may uphold controversial provision’s of Arizona’s immigration law.

During argument, the justices were very concerned about the ability and interest of the federal government to enforce federal immigration laws.  At one point, Justice Sotomayor told the Obama Administration’s Solicitor General that its arguments were not very convincing.  Justice Scalia noted that Arizona has a right to protect its borders as a sovereign state.

A key provision that may pass legal muster is the one allowing police officers to check the immigration status of traffic law offenders.  Other states are considering a similar provision and are monitoring the Court’s actions very closely.

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Written by Admin

April 25, 2012 at 2:27 pm

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Supreme Court Enters Immigration Debate

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Today, the U.S. Supreme Court will hear oral arguments on the constitutionality of S.B. 1070, Arizona’s stringent immigration law.  At issue is whether state’s can enforce immigration laws that are supposed to be enforced by the federal government.

The Obama Administration opposes the law.

Immigration will be a key issue during the presidential race.  The Court’s ruling will keep the issue alive until the November General Election.

Written by Admin

April 25, 2012 at 4:44 am

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UT-Austin Hires Legal Counsel for Affirmative Action Case

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Texas Attorney General Greg Abbott has granted UT-Austin permission to hire outside legal counsel to represent the university before the U.S. Supreme Court next fall as considers the future of affirmative action in higher education admissions.

UT-Austin has retained Latham & Watkins of Los Angeles for a maximum cost  $987,000.  No state funds were used to pay the legal fee.

Maureen Mahoney, Gregory Carre, and Scott Ballenger are lead counsel.  They previously represented the University of Michigan in the last major affirmative action case.

 

Written by Admin

April 22, 2012 at 11:29 pm

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Supreme Authority

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President Obama’s recent criticism of the U.S. Supreme Court’s ability to strike down congressional laws as unconstitutional did not have a receptive audience.  Lawyers, legal scholars, and the U.S. Department of Justice have acknowledged that the U.S. Supreme Court does have the authority to declare a law unconstitutional, including “Obamacare.”

The President is no longer being critical of the Court on the campaign trail.  As a former law professor, he knows better.  This is a controversy that did not have to happen.

Written by Admin

April 16, 2012 at 2:53 pm

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Strip Down!

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In a 5-4 decision, the U.S. Supreme Court announced yesterday that strip searches are allowed prior to being jailed even for a minor offense.

Justice Kennedy wrote the majority opinion for the Court and noted.  He specifically noted that courts are not in a position to second guess the judgments of correctional officers.

Written by Admin

April 3, 2012 at 10:28 am

Posted in Uncategorized