Volume 576

Justia Opinion Summary: Under Arizona’s Constitution, voters may, by ballot initiative, adopt laws and constitutional amendments and may approve or disapprove measures passed by the legislature. Proposition 106 (2000), an initiative aimed preventing ...

Justia Opinion Summary: The Clean Air Act (CAA) directs the Environmental Protection Agency (EPA) to regulate emissions of hazardous air pollutants from stationary sources, such as refineries and factories, 42 U.S.C. 7412; it may regulate power ...

Justia Opinion Summary: After Oklahoma adopted lethal injection as its method of execution, it used a three-drug protocol of sodium thiopental (a barbiturate) to induce a state of unconsciousness; a paralytic agent to inhibit all muscular-skeletal ...

Justia Opinion Summary: After Johnson pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g), the prosecution sought an enhanced sentence under the Armed Career Criminal Act, which imposes an increased prison term upon a defendant ...

Justia Opinion Summary: Michigan, Kentucky, Ohio, and Tennessee define marriage as a union between one man and one woman. Plaintiffs challenged the laws as violating the Fourteenth Amendment. The district courts ruled in their favor. The Sixth Circuit ...

Justia Opinion Summary: The federal government provides low-income housing tax credits that are distributed to developers by state agencies, including the Texas Department of Housing and Community Affairs. The Inclusive Communities Project (ICP), ...

Justia Opinion Summary: The Patient Protection and Affordable Care Act (42 U.S.C 18001) includes “guaranteed issue” and “community rating” requirements, which bar insurers from denying coverage or charging higher premiums based on health; ...

Justia Opinion Summary: The city of Los Angeles requires hotel operators to record and keep specific information about their guests on the premises for a 90-day period, “available to any officer of the Los Angeles Police Department for inspection ...

Justia Opinion Summary: Marvel Entertainment’s corporate predecessor agreed to purchase Kimble’s patent for a Spider-Man toy in exchange for a lump sum plus a 3% royalty on future sales. The agreement set no end date for royalties. As the patent ...

Justia Opinion Summary: The Agricultural Marketing Agreement Act authorizes the Secretary of Agriculture to promulgate orders to maintain stable markets for agricultural products. The marketing order for raisins established a Raisin Administrative ...

Justia Opinion Summary: While Kingsley was awaiting trial in county jail, officers forcibly removed him from his cell when he refused to comply with instructions. Kingsley filed a complaint claiming that two of the officers used excessive force. ...

Justia Opinion Summary: Clark sent his girlfriend to engage in prostitution while he cared for her 3-year-old son L.P. and 18-month-old daughter A.T. When L.P.’s preschool teachers noticed marks on his body, he identified Clark as his abuser. ...

Justia Opinion Summary: During jury selection in Ayala’s murder trial, Ayala, who is Hispanic, objected that seven of the prosecution’s peremptory challenges were impermissibly race-based under Batson v. Kentucky. The judge permitted the prosecution ...

Justia Opinion Summary: Brumfield was convicted of murder in a Louisiana court and sentenced to death before the Supreme Court held, in Atkins v. Virginia, that the Eighth Amendment prohibits execution of the intellectually disabled. The Louisiana ...

Justia Opinion Summary: Gilbert, Arizona prohibits the display of outdoor signs without a permit, but exempts 23 categories. “Ideological Signs,” “communicating a message or ideas” that do not fit in any other category, may be up to 20 square ...

Justia Opinion Summary: Texas automobile owners can choose between general-issue and specialty license plates. People can propose a specialty plate design, with a slogan, a graphic, or both. If the Department of Motor Vehicles Board approves the ...

Justia Opinion Summary: McFadden was charged with violation of the Controlled Substance Analogue Enforcement Act, which identifies substances substantially similar to those listed on the federal controlled substances schedules, 21 U.S.C. 802(32)(A), ...

Justia Opinion Summary: Din petitioned to have her husband, Berashk, a resident citizen of Afghanistan and former civil servant in the Taliban regime, classified as an “immediate relative” entitled to priority immigration status. Din’s petition ...

Justia Opinion Summary: ASARCO hired the law firms to assist it in carrying out its duties as a Chapter 11 debtor in possession, 11 U.S.C. 327(a). When ASARCO emerged from bankruptcy, the law firms filed fee applications requesting fees under section ...

Justia Opinion Summary: After Mata, an unlawful alien, was convicted of assault in a Texas court, an Immigration Judge ordered him removed to Mexico. Mata’s attorney filed notice of appeal with the Board of Immigration Appeals (BIA), but never ...

Justia Opinion Summary: Zivotofsky was born to U.S. citizens living in Jerusalem. Under the Foreign Relations Authorization Act, 2003, 116 Stat. 1350, his mother asked Embassy officials to list his place of birth as “Israel” on his passport. ...