|
|
|
High court seems likely to leave to health care law in place
Law Firm News |
2020/11/11 15:26
|
The Supreme Court seemed likely Tuesday to leave in place the bulk of the Affordable Care Act, including key protections for pre-existing health conditions and subsidized insurance premiums that affect tens of millions of Americans. Chief Justice John Roberts and Justice Brett Kavanaugh, among the conservative justices, appeared in two hours of arguments to be unwilling to strike down the entire law ? a long-held Republican goal that has repeatedly failed in Congress and the courts ? even if they were to find the law’s now-toothless mandate for obtaining health insurance to be unconstitutional.
The court’s three liberal justices are almost certain to vote to uphold the law in its entirety and presumably would form a majority by joining a decision that cut away only the mandate, which now has no financial penalty attached to it. Congress zeroed out the penalty in 2017, but left the rest of the law untouched.
“Would Congress want the rest of the law to survive if the unconstitutional provision were severed? Here, Congress left the rest of the law intact,” Roberts said. “That seems to be a compelling answer to the question.” For his part, Kavanaugh said recent decisions by the court suggest “that the proper remedy would be to sever the mandate and leave the rest of the act in place.”
A week after the 2020 election, the justices heard arguments by telephone in the midst of the coronavirus pandemic in the court’s third major case over the 10-year-old law, popularly known as “Obamacare.” Republican attorneys general in 18 states and the administration want the whole law to be struck down, which would threaten coverage for more than 23 million people.
California, leading a group of Democratic-controlled states, and the Democratic-controlled U.S. House of Representatives are urging the court to leave the law in place.
Kavanaugh is one of three justices appointed by President Donald Trump on a court that is more conservative than the ones that sustained the law in previous challenges in 2012 and 2015. The others are Neil Gorsuch and new Justice Coney Barrett, who joined the court late last month following her hurried nomination and confirmation to replace the late Justice Ruth Bader Ginsburg.
The three Trump appointees have never ruled on the substance of the health care law. Barrett, though, has been critical of the court’s earlier major health care decisions sustaining the law, both written by Roberts.
The Supreme Court could have heard the case before the election, but set arguments for a week after. The timing could add a wrinkle to the case since President-elect Joe Biden strongly supports the health care law.
The case turns on a change made by the Republican-controlled Congress in 2017 that reduced the penalty for not having health insurance to zero. Without the penalty, the law’s mandate to have health insurance is unconstitutional, the GOP-led states argue.
|
|
|
|
|
|
|
Trump faces tough road in getting Supreme Court to intervene
Legal Line News |
2020/11/07 10:21
|
President Donald Trump has repeatedly said there’s one place he wants to determine the outcome of the presidential election: the U.S. Supreme Court. But he may have a difficult time ever getting there.
Over the last two days, Trump has leaned in to the idea that the high court should get involved in the election as it did in 2000. Then, the court effectively settled the contested election for President George W. Bush in a 5-4 decision that split the court’s liberals and conservatives.
Today, six members of the court are conservatives, including three nominated by Trump. But the outcome of this year’s election seemed to be shaping up very differently from 2000, when Florida’s electoral votes delivered the presidency to George W. Bush.
Then, Bush led in Florida and went to court to stop a recount. Trump, for his part, has suggested a strategy that would focus on multiple states where the winning margins appear to be slim. But he might have to persuade the Supreme Court to set aside votes in two or more states to prevent Joe Biden from becoming president.
Chief Justice John Roberts, for his part, is not likely to want the election to come down to himself and his colleagues. Roberts, who was not on the court for Bush v. Gore in 2000 but was a lawyer for Bush, has often tried to distance the court from the political branches of government and the politics he thinks could hurt the court’s reputation.
It’s also not clear what legal issues might cause the justices to step in. Trump has made repeated, unsubstantiated claims of election fraud. Lawsuits filed by his campaign so far have been small-scale efforts unlikely to affect many votes, and some already have been dismissed.
Still, Trump has focused on the high court. In the early morning hours following Election Day he said: “We’ll be going to the U.S. Supreme Court — we want all voting to stop.” And on Thursday, as Biden inched closer to the 270 Electoral College votes needed to win the White House, Trump again told Americans, “It’s going to end up, perhaps, at the highest court in the land, we’ll see.” On Twitter too he urged, “U.S. Supreme Court should decide!”
There is currently one election case at the Supreme Court and it involves a Republican appeal to exclude ballots that arrived after Election Day in the battleground state of Pennsylvania. But whether or not those ballots ultimately are counted seems unlikely to affect who gets the state’s electoral votes.
Biden opened a narrow lead over Trump on Friday, and any additional mail-in votes probably would help Biden, not the president.
Still, Trump’s campaign is currently trying to intervene in the case, an appeal of a decision by Pennsylvania’s highest court to allow three extra days for the receipt and counting of mailed ballots. Because the case is ongoing, the state’s top election official has directed that the small number of ballots that arrived in that window, before 5 p.m. Friday, be separated but counted. Republicans on Friday asked for a high court order ensuring the ballots are separated, and Justice Samuel Alito, acting on his own, agreed, saying he was motivated in part by the Republicans’ assertion that they can’t be sure elections officials are complying with guidance. |
|
|
|
|
|
|
Supreme Court to hear case about juvenile life sentences
Court News |
2020/11/03 08:49
|
The Supreme Court is to hear arguments in a case that could put the brakes on what has been a gradual move toward more leniency for children who are convicted of murder. The court has concluded over the last two decades that children should be treated differently from adults, in part because of their lack of maturity. But a court that is even more conservative, particularly following the addition of Justice Amy Coney Barrett, could move in the other direction.
Barrett is expected to participate in arguments Tuesday, the second day she is hearing arguments following her confirmation last week. The case before the justices, who are continuing to hear arguments by telephone because of the coronavirus pandemic, has to do with what courts must conclude before sentencing a juvenile to life in prison without the possibility of parole.
The question stems from the court’s previous rulings on juvenile offenders. In 2005, the court eliminated the death penalty for offenders who were under 18 when they committed crimes. And in 2010 the court eliminated life-without-parole sentences for juveniles, except in cases where a juvenile has killed someone.
Then, in 2012, the justices in a 5-4 decision said juveniles who killed couldn’t automatically get life sentences with no chance of parole. And four years later, the justices said those sentences should be reserved “for all but the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility.”
The justices are now being asked whether a juvenile has to be found to be “permanently incorrigible” before being sentenced to life without parole. No longer on the court are Justices Ruth Bader Ginsburg and Anthony Kennedy, who were key to the 2012 decision limiting the use of life sentences. More conservative justices have replaced them.
The specific case before the justices involves Mississippi inmate Brett Jones, who was 15 and living with his grandparents when he fatally stabbed his grandfather. The two had a fight in the home’s kitchen after Bertis Jones found his grandson’s girlfriend in his grandson’s bedroom. Brett Jones, who was using a knife to make a sandwich before the fight, stabbed his grandfather first with that knife and then, when it broke, with a different knife.
He was convicted and sentenced to life in prison without the possibility of parole. He is now 31.
The Supreme Court last year heard arguments in a different case about juvenile life sentences. That case involved Lee Boyd Malvo, who is serving life in prison for his role in the 2002 sniper spree that terrorized the Washington, D.C., area. But the case was dropped after Virginia passed legislation that gives those who were under 18 when they committed their crime an opportunity to seek parole after serving 20 years. Malvo, who was 17 when he committed his crimes, will be eligible for parole in 2024. |
|
|
|
|
|
|
Justices deny fast, new look at Pennsylvania ballot deadline
Court News |
2020/10/30 12:24
|
The Supreme Court on Wednesday said it would not grant a quick, pre-election review to a new Republican appeal to exclude absentee ballots received after Election Day in the presidential battleground state of Pennsylvania, although it remained unclear whether those ballots will ultimately be counted. The court’s order left open the possibility that the justices could take up and decide after the election whether a three-day extension to receive and count absentee ballots ordered by Pennsylvania’s high court was proper.
The issue would take on enormous importance if Pennsylvania turns out to be the crucial state in next week’s election and the votes received between Nov. 3 and Nov. 6 are potentially decisive. The Supreme Court ruled hours after Pennsylvania’s Department of State agreed to segregate ballots received in the mail after polls close on Tuesday and before 5 p.m. on Nov. 6. President Donald Trump’s campaign suggested that those ballots will never be counted.
“We secured a huge victory when the Pennsylvania Secretary of State saw the writing on the wall and voluntarily complied with our injunction request, segregating ballots received after the Nov. 3 deadline to ensure they will not be counted until the Supreme Court rules on our petition,” Justin Clark, a deputy campaign manager, said in an interview. The court, Clark said, deferred “the most important issue in the case, which is whether state courts can change the time, place and manner of elections, contrary to the rules adopted by the Legislature.”
Pennsylvania’s Department of State could not immediately say Wednesday night whether it would revise its guidance to the counties about whether to count those ballots. The Alliance for Retired Americans, which had sued in Pennsylvania state courts for an extended deadline, said the ruling means that ballots arriving during the three-day period after Election Day will be counted. “This is an enormous victory for all Pennsylvania voters, especially seniors who should not have to put their health at risk during the pandemic in order to cast a ballot that will be counted,” Richard Fiesta, the alliance’s executive director, said in a statement.
New Justice Amy Coney Barrett did not take part in the vote “because of the need for a prompt resolution of it and because she has not had time to fully review the parties’ filings,” court spokeswoman Kathy Arberg said in an email. Justice Samuel Alito, writing for three justices, indicated he would support the high court’s eventual review of the issue. But, he wrote, “I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election.” Last week, the justices divided 4-4, a tie vote that allowed the three-day extension ordered by the Pennsylvania Supreme Court to remain in effect.
|
|
|
|
|
|
Legal Marketing News RSS
