The Affordable Care Act Challenge and the Senate Runoff Elections in Georgia

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on the third challenge to the Affordable Care Act (ACA) that has made it before the U.S. Supreme Court, and considers how the case will play in the upcoming Georgia runoff elections. Dorf argues that absent a dramatic and highly unusual development—like a Supreme Court decision rejecting the ACA challenge in the next few weeks—that should help the Democratic candidates in Georgia’s runoff elections.

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State ex rel. Monster Tree Service, Inc. v. Cramer

Dockets: 20-0043, 20-0044

Opinion Date: November 6, 2020

Judge: Armstead

Areas of Law: Civil Procedure, Personal Injury

In these two related proceedings the Supreme Court granted the writs of prohibition sought by Monster Tree Service Inc. (Monster, Inc.) and Monster Franchise, LLC to set aside defaults entered against them in the circuit court, holding that the circuit court erred by failing to grant Monster, Inc.'s and Monster Franchise's motions to set aside their defaults. Respondent was injured when he fell from a tree while working for Monster Tree Service of the Upper Ohio Valley, Inc. (Monster UOV), an Ohio corporation. Respondent sustained his injuries in Marshall County, West Virginia. Respondent sued Monster UOV, Monster Franchise, and Monster, Inc. in Marshall County Circuit Court. The circuit court later entered defaults against all defendants. Monster Franchise and Monster, Inc. moved to set aside their defaults. The circuit court denied both motions. The Supreme Court granted both entities' writs of prohibition, holding (1) Respondent's attempt at service on Monster Franchise was ineffective and that the circuit court lacked jurisdiction to enter a default judgment against Monster Franchise; and (2) the circuit court committed clear error as a matter of law when it refused to vacate Monster, Inc.'s default.

State v. Wilson

Docket: 19-0142

Opinion Date: November 6, 2020

Judge: Margaret L. Workman

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction on a felony charge of fleeing from a law enforcement officer in a vehicle while operating the vehicle in a manner showing a reckless indifference to the safety of others, holding that there was no reversible error in the proceedings below. Specifically, the Supreme Court held (1) there was no error in the trial court’s giving of an instruction that evidence of flight may be considered by the jury, along with other facts and circumstances, to show consciousness of guilt; and (2) the court’s failure to instruct the jury on a lesser included offense of fleeing in a vehicle but without reckless indifference was error, but the error was not reversible under the applicable standard of review.

Hassan G. v. Tamra P.

Docket: 19-0591

Opinion Date: November 6, 2020

Judge: Hutchison

Areas of Law: Family Law

The Supreme Court affirmed in part and reversed in part the circuit court's order affirming the order of the family court refusing Petitioner's motion for a downward modification of his monthly child support obligation to Respondent for the benefit of their three children, holding that the circuit court erred in allowing the family court to refuse to modify the parenting plan and child support award on the basis of Respondent's higher income and the current custodial arrangement. Specifically, the Supreme Court (1) affirmed the portion of the circuit court's order leaving unchanged the amount of income attributed to Petitioner in the parties' original child support order; but (2) reversed the portion of the circuit court's order failing to modify child support based upon the fact that two of the parties' children now reside with Petitioner and his family instead of Respondent and that Respondent's income had substantially increased since the entry of the child support order. The Court remanded this case for the family court to hold a hearing, make findings of fact and conclusions of law regarding child support, and to enter a modified child support order in accordance with the provisions of this opinion.

Frazier v. Fouch

Docket: 19-0350

Opinion Date: November 6, 2020

Judge: Armstead

Areas of Law: Government & Administrative Law

The Supreme Court reversed the order of the circuit court reversing the order of the Office of Administrative Hearings (OAH) affirming the revocation of Respondent's driver's license for driving under the influence of alcohol (DUI), holding that the circuit court erred. The arresting officer in this case did not attend the OAH hearing. In affirming the revocation, the OAH relied on the officer's DUI information sheet. The circuit court reversed, holding that the Division of Motor Vehicle's (DMV) records, including the DUI information sheet, should not have been admitted into evidence and considered by the OAH. The Supreme Court reversed, holding (1) the OAH was statutorily obligated to receive the DMV's file, including the arresting officer's DUI information sheet, into evidence, and the circuit court's ruling to the contrary was clearly erroneous; and (2) the circuit court erred in ruling that the DMV had the burden of securing the arresting officer's attendance at the OAH hearing.