2017 Government Law Legal News Archives

November 2017

Should the Government Regulate Social Media Advertising?

Wednesday, 1 November, 2017

Facebook, the social media giant, is often in the news for reasons that are unrelated to its stated mission of empowering people “to build community and bring the world closer together.” As laudable as that goal might be, recent news reports reveal that Facebook and other social media outlets have … continue reading

October 2017

President Trump's New Travel Ban

Tuesday, 3 October, 2017

President Trump announced a revised version of his controversial travel ban, adding a handful of new countries and making the ban an indefinite fixture rather than a temporary restriction. Although the new initiative has expanded to include countries which are predominantly non-Muslim, critics of the measure claim that it suffers from … continue reading

September 2017

Department of Justice to Support Ohio’s Voter Registry Purge Law in October Supreme Court Battle

Sunday, 17 September, 2017

Ohio’s controversial new proposal to trim inactive voters from the state registries has earned public support from the Department of Justice.  The Sessions-led DOJ has filed a brief in support of Ohio in a voting rights case which the US Supreme Court will hear during its upcoming term.  The decision … continue reading

US Agency Seeks to Allow Class Action Lawsuits against Financial Firms

Wednesday, 6 September, 2017

The Consumer Financial Protection Bureau, a part of the US federal government, is trying to allow consumers to bring class action lawsuits against financial firms. As reported by the New York Times, The new rule would unwind a series of legal maneuvers undertaken by major American companies to block customers from going … continue reading

August 2017

Jeff Sessions Expands Controversial Civil Asset Forfeiture Program

Monday, 28 August, 2017

Attorney General Jeff Sessions has announced plans for the Department of Justice to reignite its support for the controversial, and widely criticized, practice of civil asset forfeiture. Sessions, a vocal and persistent tough on crime advocate, raised eyebrows across the political spectrum by stating the DOJ would jump start the practice … continue reading

AG Sessions Seeks Permission to Prosecute Medical Marijuana Cases

Saturday, 19 August, 2017

Marijuana, “in its natural form, is one of the safest therapeutically active substances known to man.” Those words come not from marijuana advocates, but from an administrative law judge employed by the Drug Enforcement Administration (DEA). Despite the relative safety of medical marijuana compared to oxycodone and, for that matter, aspirin … continue reading

West Virginia Supreme Court Rules Hate Crime Law Doesn't Protect Gays

Tuesday, 15 August, 2017

The West Virginia Supreme Court has ruled that the state's hate crime law doesn't apply to anti-gay attacks. As the New York Times reported, The case hinged on whether attacks based on sexual orientation could fall under a hate crime law that does not explicitly mention sexual orientation. Prosecuting lawyers in Cabell … continue reading

Supreme Court Takes on Important Cell-Data Search Case

Wednesday, 9 August, 2017

The Supreme Court is set to weigh on in the critical question of whether or not police and law enforcement investigators need to obtain a warrant before collecting cellphone location data. The case has widespread implications for not only criminal investigations, but government surveillance which uses data obtained from cellphone … continue reading

Supreme Court Strikes Down Racial Gerrymandering in North Carolina

Tuesday, 8 August, 2017

The Supreme Court dealt a blow to North Carolina’s voter redistricting by finding that the state improperly relied on racial demographics when segmenting the state into voting populations.  The decision punctuates a growing argument between Democrats and Republicans regarding the creation of voter districts, and comes as the GOP attempts … continue reading

Department of Justice Files Brief against Title VII Protection for LGBT Employees

Tuesday, 8 August, 2017

The Department of Justice appears to be settling in for a legal fight by arguing that Title VII of the Civil Rights Act does not prohibit employment discrimination based on sexual orientation.  Led by Attorney General Jeff Sessions, the DOJ has filed an amicus brief in support of the defendant … continue reading

Supreme Court Rules First Amendment Covers Social Media Access

Thursday, 3 August, 2017

The US Supreme Court has struck down a North Carolina law that made it a felony for registered sex offenders to use social networks and other websites. The New York Times celebrated the decision as a victory for free speech. The case of Packingham v. North Carolina involved a 2008 statute that … continue reading

Florida’s “Stand Your Ground” Law Ruled Unconstitutional

Tuesday, 1 August, 2017

Florida’s latest version of its “Stand Your Ground” law has been ruled unconstitutional by a Miami judge. The ruling will not affect the laws of other states, but its reasoning may prove persuasive if states follow the controversial path charted by Florida. Many states in recent years have enacted “Stand Your … continue reading

July 2017

Consumer Protection Laws and Social Media Scams

Saturday, 22 July, 2017

Consumer protection laws discourage businesses from cheating their customers, but they do little to protect consumers from scammers who prey on internet users in search of a bargain. Every consumer should be wary of getting something for nothing. One of the latest scams involves fake coupons offered on Facebook and other … continue reading

President Trump Faces Lawsuits over Private Business Ownership

Thursday, 20 July, 2017

The tense, rocky, and dramatic start to Donald Trump’s presidency took another divisive turn when state and federal lawmakers filed lawsuits against the President for alleged violations of the Constitution stemming from his ownership of private businesses.  The lawsuits focus on income generated from foreign governments by Trump’s private business … continue reading

DOJ's Withdraw from Texas Voter ID Lawsuit Signifies Change in Federal Policy

Wednesday, 19 July, 2017

The Department of Justice has announced that it will no longer pursue a civil rights claim against a Texas voter ID law which the Obama administration claimed was discriminatory and illegal.  The announcement represents the type of about-face in DOJ policy which many experts anticipated when President Trump took office, … continue reading

Is Your TV Spying on You?

Saturday, 8 July, 2017

WikiLeaks recently released a collection of documents, claimed to have come from inside the Central Intelligence Agency, that described a program to "penetrate and take control of Samsung smart TVs," according to the New York Times. The Times reported that: The program, code-named Weeping Angel, was intended to convert new digital televisions … continue reading

Supreme Court Rules in Favor of Autistic Student

Wednesday, 5 July, 2017

The US Supreme Court has ruled that school districts must provide disabled students with the opportunity to make meaningful and "appropriately ambitious" progress in their education. As NPR reported, The decision in Endrew F. v. Douglas County School District could have far-reaching implications for the 6.5 million students with disabilities in the United States. The … continue reading

How the Confirmation of Justice Neil Gorsuch will Alter the Supreme Court

Wednesday, 5 July, 2017

After a tense partisan battle, the Senate has confirmed Judge Neil M. Gorsuch to the Supreme Court, filling a year-long vacancy left when Justice Antonin Scalia who died in February of 2016.  The nomination process came at a stiff cost, however, as it further divided a Senate which has been … continue reading

June 2017

Internet Privacy Rules Repealed

Wednesday, 28 June, 2017

Administrative rules that were meant to safeguard the privacy interests of internet users, adopted by the Obama administration over the objections of telecommunications companies, have been repealed by a legislative decree that President Trump recently signed. The legislature repealed regulations adopted by the Federal Communication Commission (FCC) that would have … continue reading

Proposed Law Could End Federal Class Action Lawsuits

Tuesday, 20 June, 2017

A bill before the US Congress could put an end to federal class action lawsuits. The bill, H.R. 985, is called the ‘‘Fairness in Class Action Litigation Act of 2017.’’ It proposes: To amend the procedures used in Federal court class actions and multidistrict litigation proceedings to assure fairer, more efficient … continue reading

Federal Court Refuses Warrant to Force Owners to Unlock iPhones with Fingerprints

Thursday, 15 June, 2017

Federal agents in Chicago planned to raid a house in a child pornography investigation. The agents knew only that child pornography had been transmitted from an IP address that was associated with the house. In their application for a search warrant, the agents requested permission to search any device they found … continue reading

When Can a Police Encounter Be Recorded?

Wednesday, 14 June, 2017

The availability of video recording technology is revolutionizing police encounters with the public. In response to evidence that false confessions have been prompted by bullying interrogation techniques, some states now require the police to make a video recording of every interrogation, at least if the suspect is in custody. In … continue reading

Fate of Trump’s Travel Ban could be decided by Supreme Court

Sunday, 11 June, 2017

[This story has been updated to reflect recent events.] President Donald Trump has urged the Department of Justice to appeal recent defeats of his travel ban executive order to the Supreme Court.  The controversial travel ban, which has already been amended once following a successful challenge early in the President’s term, … continue reading

Legal Battle over LGBT Rights Continues in Washington State with Florist Compelled by Court to Service Same-Sex Weddings

Saturday, 3 June, 2017

A florist in Washington State has lost her legal challenge to a law requiring her to provide flowers to same-sex couples. The Washington State Supreme Court ruled that the state had a strong interest in protecting rights of the LGBT community by barring discriminatory practices carried out by local businesses … continue reading

Virginia and Wisconsin Settle False Claims Accusations

Saturday, 3 June, 2017

When an individual makes a false claim for federal benefits, outraged cries of “welfare fraud” lead to headlines and editorials that call for reform. When a state government makes a false claim for federal funds, the public scarcely seems to notice. In two recent cases, state governments have settled Justice Department … continue reading

May 2017

Court Rules That Civil Rights Act Protects Gay Workers

Friday, 26 May, 2017

The Seventh Circuit Court of Appeals in Chicago has ruled that Title VII of the 1964 Civil Rights Act protects gay workers from job discrimination. The case was brought by Kimberly Hively, an openly-lesbian college professor. Hively began teaching part-time at Ivy Tech Community College's South Bend campus in 2000. She … continue reading

Mississippi Man the First to be Sentenced for Federal Hate Crime against Transgender Victim

Wednesday, 24 May, 2017

A Mississippi man recently became the first person in America whose criminal sentence was enhanced for committing a federal hate crime against a transgender person. The sentence brings a tragic murder case to a legal conclusion, but offers hope for members of the LGBT community who have been awaiting enforcement of … continue reading

Protestor Lawsuit against President Trump Proceeds despite Immunity Claim

Saturday, 13 May, 2017

A lawsuit filed by three people who allege they were assaulted while they protested a campaign rally by supporters of then candidate — now President — Donald Trump accuses the President of inciting violence which ultimately caused injury.  President Trump has responded that his words did not encourage supporters to use … continue reading

Arkansas Executions of Four Inmates Raises Questions about Death Penalty

Wednesday, 10 May, 2017

A recent attempt by Arkansas officials to execute eight death row inmates in a two-week time-frame fueled another round of national debate on the constitutionality, practicality, and humanity of capital punishment.  Arkansas’s efforts to carry out rapid-fire executions, which resulted in four of the eight inmates being put to death, highlighted … continue reading

How Should the Federal Government React to Policing and Crime in Chicago?

Wednesday, 3 May, 2017

The violent crime rate has declined by 50% since the early 1990s, but the homicide rate in a few cities spiked in 2015. It is too early to tell whether that increase represents a trend or an aberration. During the presidential campaign, Donald Trump often spoke about violent crime in Chicago, … continue reading

April 2017

DOJ Backs Away from Police Misconduct Cases

Saturday, 29 April, 2017

During the Obama administration, the Department of Justice (DOJ) made a priority of changing the culture of urban police departments when their officers systematically engaged in abusive conduct, particularly when police violence seemed to target minority populations. In many cases, city governments and the heads of the police departments, recognizing … continue reading

Dylann Roof Death Sentence Sparks Debate about Capital Punishment

Wednesday, 26 April, 2017

Earlier this year, Dylann Roof was sentenced to death by a federal jury in South Carolina for murdering nine black church parishioners in a racially motivated attack. During Roof’s trial and sentencing phase he consistently rejected advice and assistance from counsel, leaving his sentence little surprise. The case has proven challenging … continue reading

Seventh Circuit Prohibits Anti-LGBT Workplace Discrimination in Landmark Ruling

Wednesday, 19 April, 2017

The federal Seventh Circuit Court of Appeals has issued a landmark ruling which will change the landscape of LGBT employment rights, and kick off a fresh round of legal debate which will surely be resolved by the Supreme Court in the near future. In a groundbreaking decision, the 7th Circuit … continue reading

Can an Executive Order Assure that a Mexican Border Wall is Built?

Tuesday, 18 April, 2017

Moving forward with a signature issue in his presidential campaign, President Trump signed an executive order directing the construction of a wall on the Mexican border. The wall is an issue that divides Americans, but apart from the policy questions posed by the president’s action, a legal issue looms. Does … continue reading

North Carolina Passes Compromise Repeal of Controversial Bathroom Bill

Wednesday, 12 April, 2017

Facing economic and political pressure, Republican lawmakers in North Carolina have agreed to a compromise to peel back provisions of HB2, the state’s controversial “Bathroom Bill” which has become a focal point for the discussion of transgender rights across the country. After months of protest, economic losses, and intense debate … continue reading

California Toughens Its Law Prohibiting Cellphone Use While Driving — Is Your State Next?

Sunday, 9 April, 2017

Drivers who are distracted by cellphones present an increasing danger on the nation’s roads. In an effort to discourage drivers from using their cellphones while driving, states have toughened their laws against distracted driving, often regulating the way that drivers can interact with a cellphone. California recently amended its law to … continue reading

February 2017

9th Circuit's Ruling against Trump's Muslim Ban an Early Test for President

Thursday, 16 February, 2017

The 9th Circuit federal Court of Appeals issued the first significant ruling on a President Trump policy last week when it reaffirmed a temporary restraining order issued by a trial court against the president’s executive order banning travel from seven Muslim-majority nations. The 9th Circuit ruling does not issue a … continue reading

Anti-Abortion Law In Ohio Could Set The Stage For Looming Supreme Court Battle

Saturday, 11 February, 2017

In early 2016, the Supreme Court struck down a Texas abortion law that mandated higher quality standards at clinics, but the case seems to be a sign of a bubbling legal battle. Texas has already responded to its latest defeat with another controversial abortion rule, and legislators in Oklahoma and … continue reading

Jury Awards $20M For Employment Discrimination By American Family

Sunday, 5 February, 2017

A jury in Missouri awarded more than $20 million to Debbie Miller as compensation for age and gender discrimination and retaliation. Miller sued her former employer, American Family Insurance, after she was demoted from sales manager to sales agent at the age of 57. The verdict is reportedly the largest discrimination … continue reading

January 2017

Texas Proposes New Rule Requiring Burial Or Cremation After Abortion

Sunday, 29 January, 2017

Texas officials have proposed a new rule which will require abortion clinics to bury or cremate remains at the expense of the women who undergo the procedure, setting the stage for another legal debate over the right of states to enforce abortion-focused regulation. Coming on the heels of the Supreme … continue reading

California Won't Enforce Employee Contracts With Out-of-State Law

Wednesday, 25 January, 2017

Almost all contracts have some kind of "choice of law" or "governing law" clause. For example, such a clause might read: The interpretation, validity and enforcement of this Agreement, and all legal actions brought under or in connection with the subject matter of this Agreement, shall be governed by the law … continue reading

California Makes Withholding Evidence of Innocence a Felony

Sunday, 8 January, 2017

When prosecutors have evidence that tends to prove a defendant’s innocence, the Constitution requires them to give that evidence to the defense. Honest prosecutors do just that. Unfortunately, some prosecutors place winning ahead of justice. When prosecutors withhold evidence that could help innocent defendants avoid a conviction, nobody wins. The State … continue reading

Understanding the Stop-and-Frisk Debate: What You Need to Know

Thursday, 5 January, 2017

During the first presidential candidates’ debate, Donald Trump advocated greater reliance on “stop-and-frisk” in troubled cities as a crime reduction tactic. Trump asserted that former Mayor Giuliani’s aggressive stop-and-frisk policy in New York City contributed to a reduced crime rate. According to Trump, stop-and-frisk had a “tremendous impact on the … continue reading

A Struggle For Political Power In North Carolina

Tuesday, 3 January, 2017

Every state, like the federal government, follows the principle of separation of powers. The power to make the law is vested in the legislative branch, the power to enforce the law exists in the executive branch, and the power to set aside laws that are unconstitutional resides in the judicial … continue reading