January 21, 2015 Supreme Court: Rodriguez v. United States

January 21, 2015 Conor Tobin

Rodriguez v. United States

How long can a police officer detain a driver stopped for a traffic offense in order to conduct a dog sniff? That is the question the Supreme Court will address in Rodriguez v. United States (No. 13-9972).

Dennys Rodriguez was a motorist stopped in Omaha, Nebraska. A K-9 police officer stopped Rodriguez at 12:06 a.m. after his vehicle veered slowly off the road and jerked back onto it. The passenger would not make eye-contact (the officer was on the passenger side), and Rodriguez said he swerved to avoid a pothole. Continue reading January 21, 2015 Supreme Court: Rodriguez v. United States →

Civil Rights, Fourteenth Amendment, Supreme Court

January 21, 2015 Supreme Court: Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.

January 21, 2015 Conor Tobin

Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.

Does the Fair Housing Act allow for disparate impact claims? On January 21, 2015, the Supreme Court hear a housing discrimination case in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. (No. 13-1371). Continue reading January 21, 2015 Supreme Court: Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. →

Uncategorized

January 20, 2015 Supreme Court: Williams-Yulee v. The Florida Bar

January 19, 2015 Conor Tobin

Williams-Yulee v. The Florida Bar

Do judicial candidates have the right to personally solicit campaign funds under the First Amendment or does a state have a compelling interest in such a narrowly tailored rule to preserve the integrity of the judiciary? This is the question that the Supreme Court take up in Williams-Yulee v. The Florida Bar (No. 13-1499). Continue reading January 20, 2015 Supreme Court: Williams-Yulee v. The Florida Bar →

First Amendment, Health Insurance, judges, Medicaid, Supreme Court

January 20, 2015 Supreme – Armstrong v. Exceptional Child Center

January 19, 2015 Conor Tobin

Armstrong v. Exceptional Child Center

Do Medicaid healthcare providers have a private “private right of action” to enforce Medicaid law, specifically reasonable payment requirements? On January 20, 2015, the Supreme Court is set to hear arguments in Armstrong v. Exceptional Child Center (No. 14-15). The case involves “Supremacy Clause” (Art. 6, Clause 2 of the U.S. Constitution) and whether it gives Medicaid healthcare providers a “private right of action” to enforce Medicaid law. Continue reading January 20, 2015 Supreme – Armstrong v. Exceptional Child Center →

Drug Laws, Immigration Law, Supreme Court

The Case about a Sock: Mellouli v. Holder revisited

January 18, 2015 Conor Tobin

Last week, I blogged on Mellouli v. Holder. After a “tip” (i.e. someone e-mailed a Washington Post article to me), the case got a lot more interesting. The case is about a sock.

Amphetamine model – Used under Creative Commons

Of course, the sock in question was holding four tablets of Adderall–a Schedule II drug under federal law. (Although there was apparently no lab testing of the substance in the sock nor did it appear to have been specifically listed in the charging documents.) Continue reading The Case about a Sock: Mellouli v. Holder revisited →

Bankruptcy, Supreme Court

January 14, 2015 Supreme Court: Wellness Int’l Network v. Sharif

January 13, 2015 Conor Tobin

Wellness Int’l Network v. Sharif

The Supreme Court will also hear Wellness Int’l Network v. Sharif (No. 13-935). In this case the defendant, Sharif, sought bankruptcy after a court entered a $650,000 judgment against him after he failed to complete discovery. The case involved a significant amount of litigation around the country and ultimately landed on appeal in the Seventh Circuit Court of Appeals. Part of the issue was a waiver of a constitutional challenge to whether a bankruptcy court can issue a final order. Continue reading January 14, 2015 Supreme Court: Wellness Int’l Network v. Sharif →

Criminal Law, Drug Laws, Immigration Law, Supreme Court

January 14, 2015 Supreme Court: Mellouli v. Holder