The Supreme Court of the United States Has Upheld ICWA by a 7-2 Vote
ICWA also does not violate the Tenth Amendment’s anticommandeering doctrine. ICWA’s “active efforts” and “diligent search” requirements apply equally to state and private actors.
Courts Can Consider Whether “Ameliorative Measures” Can Be Taken to Reduce the Risk of Harm
The case involves the grave risk of physical harm exception to a child’s wrongful removal from their country of habitual residence.
U.S. Supreme Court: Title VII Protects Gay, Transgender Employees
An employer who fires an employee for being gay or transgender violates Title VII of the Civil Rights Act of 1964.
MSC: Consent Divorce Judgment Preempted By Federal Law
A consent JOD under which the parties agreed that the defendant would pay the plaintiff one-half of his military retirement benefits is preempted by federal law and is unenforceable.
Supreme Court Rules Excessive Fines Clause of the 8th Amendment Applies to the States
A civil forfeiture action is an in rem action. Modern day civil asset forfeiture has grown far beyond anything the 16th and 17th century law makers could have imagined.
U.S. Supreme Court Clarifies the Standard for Granting Certificates of Appealability in the Federal Courts and Addresses Racist Testimony in Capital Sentencing Cases
Buck was convicted of capital murder for killing his ex-girlfriend and her friend in 1995.
U.S. Supreme Court Declines Michigan Deputies’ Appeal in Excessive Force Case
The United States Supreme Court has denied an appeal in the case of two Macomb County deputies who were sued for civil rights violations when making an arrest.
US Supreme Court Holds That Justice Should Have Recused Himself
In the much-anticipated decision regarding judicial recusal, SCOTUS ruled in Caperton v Massey Coal Co. that the West Virginia Supreme Court justice who received $3,000,000 in campaign contributions should have recused himself.