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Author Archives: Kimberly Atkins

Justices take dim view of recess appointments (access required)

National_Labor_Relations_Board

WASHINGTON — The U.S. Supreme Court has cast serious doubt on President Barack Obama’s constitutional authority to install three members on the National Labor Relations Board without Senate approval in 2012. During an extended oral argument in NLRB v. Noel ...

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Justices: Court-ordered psych evidence doesn’t violate 5th Amendment (access required)

U.S. Supreme Court

WASHINGTON — Defendants who offer a diminished capacity defense cannot seek to exclude rebuttal evidence from court-ordered mental evaluations on Fifth Amendment grounds, the U.S. Supreme Court ruled in Kansas v. Cheever, No. 12-609. The justices reversed a contrary ruling ...

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Union pact case goes bust at the Supreme Court (access required)

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WASHINGTON — It was the major U.S. Supreme Court labor law decision that wasn’t. The case of Unite Here Local 355 v. Mulhall, No. 12-99, ended not with a decision impacting the way unions and employers — particularly those in ...

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Immigration case questions status of ‘aged-out’ child applicants (access required)

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WASHINGTON — At oral arguments on Tuesday, the U.S. Supreme Court scrutinized the language of federal immigration statutes to determine whether a visa applicant’s child who ages out of automatic eligibility while waiting in the queue for available visas must ...

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Justices air out issues in EPA pollution case (access required)

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WASHINGTON — During an expanded, 90-minute argument session on Tuesday, the justices of the U.S. Supreme Court wrangled over whether the Environmental Protection Agency has the authority to impose power plant emission rules upon states that contribute to the air ...

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Airline asks justices preemptively to ground passenger’s claim (access required)

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WASHINGTON — In the latest case asking the U.S. Supreme Court to consider the preemptive effect of a federal law on a plaintiff’s civil lawsuit, the justices considered Tuesday whether the Airline Deregulation Act prevents a disgruntled airline passenger from ...

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