Free US Court of Appeals for the First Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the First Circuit October 16, 2020 |
|
|
Associate Justice Ruth Bader Ginsburg Mar. 15, 1933 - Sep. 18, 2020 | In honor of the late Justice Ruth Bader Ginsburg, Justia has compiled a list of the opinions she authored. For a list of cases argued before the Court as an advocate, see her page on Oyez. |
| | |
Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Is the So-Called Mandate Without Any Tax Consequences Unconstitutional? And If So, How Should a Court Remedy That? Part Three in a Series Examining Underexplored Issues in the California v. Texas Affordable Care Act Case | VIKRAM DAVID AMAR, EVAN CAMINKER, JASON MAZZONE | | In this third of a series of columns examining underexplored issues in the California v. Texas case challenging the Affordable Care Act (ACA), Illinois law dean Vikram David Amar, Michigan Law dean emeritus Evan Caminker, and Illinois law professor Jason Mazzone consider whether the so-called individual mandate of the ACA, now without any tax consequences, is unconstitutional, as the challengers argue. The authors explain why, in their view, the challengers are incorrect, regardless of whether the word “shall” in the ACA is interpreted as obligatory or not. | Read More |
|
US Court of Appeals for the First Circuit Opinions | United States v. Simpkins | Docket: 19-1948 Opinion Date: October 15, 2020 Judge: Selya Areas of Law: Civil Rights, Constitutional Law, Criminal Law | The First Circuit affirmed Defendant's conviction of possession with intent to distribute oxycodone, holding that the district court did not err in denying Defendant's motion to suppress. Defendant's vehicle was intercepted by the Maine State Police, and Defendant's vehicle was searched. Defendant entered a conditional guilty plea to possession with intent to distribute oxycodone. On appeal, Defendant argued that the authorities lacked probable cause to search his vehicle and that the district court erred by refusing to suppress statements he made both before and after Miranda warnings were administered. The First Circuit affirmed, holding (1) the authorities had probable cause to search Defendant's car, and therefore, the evidence seized during the vehicle search was admissible; and (2) the district court did not err in denying Defendant's motion to suppress his statements. | |
|
About Justia Opinion Summaries | Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states. | Justia also provides weekly practice area newsletters in 63 different practice areas. | All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com. | You may freely redistribute this email in whole. | About Justia | Justia is an online platform that provides the community with open access to the law, legal information, and lawyers. |
|
|