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Court upholds judge’s finding that Tesla acquisition of Solar City was fair
Topics in Legal News | 2023/10/16 17:41
The Supreme Court on Monday ordered two internet sellers of gun parts to comply with a Biden administration regulation aimed at ghost guns, firearms that are difficult to trace because they lack serial numbers.

The court had intervened once before, by a 5-4 vote in August, to keep the regulation in effect after it had been invalidated by a lower court. No justice dissented publicly from Monday’s order, which followed a ruling from a federal judge in Texas that exempted the two companies, Blackhawk Manufacturing Group and Defense Distributed, from having to abide by the regulation of ghost gun kits.

Other makers of gun parts also had been seeking similar court orders, the administration told the Supreme Court in a filing.

“Absent relief from this Court, therefore, untraceable ghost guns will remain widely available to anyone with a computer and a credit card — no background check required,” Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer, wrote.

The regulation changed the definition of a firearm under federal law to include unfinished parts, like the frame of a handgun or the receiver of a long gun, so they can be tracked more easily. Those parts must be licensed and include serial numbers. Manufacturers must also run background checks before a sale - as they do with other commercially made firearms.

The requirement applies regardless of how the firearm was made, meaning it includes ghost guns made from individual parts or kits or by 3D printers.

The regulation will be in effect while the administration appeals the judge’s ruling to the 5th U.S. Circuit Court of Appeals in New Orleans — and potentially the Supreme Court.


Biden’s second try at student loan cancellation moves forward with debate
Court News | 2023/10/13 10:47
President Joe Biden’s second attempt at student loan cancellation began moving forward Tuesday with a round of hearings to negotiate the details of a new plan.

In a process known as negotiated rulemaking, 14 people chosen by the Biden administration are meeting for the first of three hearings on student loan relief. Their goal is to guide the Education Department toward a proposal after the Supreme Court rejected Biden’s first plan in June.

The negotiators all come from outside the federal government and represent a range of viewpoints on student loans. The panel includes students and officials from a range of colleges, along with loan servicers, state officials and advocates including the NAACP.

In opening remarks, Under Secretary of Education James Kvaal said the student debt crisis has threatened to undercut the promise of higher education.

“Student loan debt in this country has grown so large that it siphons off the benefits of college for many students,” Kvaal said in prepared remarks. “Some loans made to young adults stretch into retirement with no hope of being repaid. These debt burdens are shared by families and communities.”

Biden directed the Education Department to find another path to loan relief after the conservative court ruled that he couldn’t cancel loans using a 2003 law called the HEROES Act.

The latest attempt will rest on a sweeping law known as the Higher Education Act, which gives the education secretary authority to waive student loans — although how far that power extends is the subject of legal debate. The department is going through the negotiated rulemaking process to change or add federal rules clarifying how the secretary can cancel debt.


Ban on electronic skill games in Virginia reinstated by state Supreme Court
Legal Business | 2023/10/09 15:44
A ban on electronic skill games in Virgnia went back into effect Friday after the state Supreme Court vacated an injunction that allowed thousands of the betting machines to remain in gas stations, bars and conveniece stores.

The injunction was issued by a lower court in an ongoing lawsuit that argues the ban is a violation of free speech. But a panel of three Supreme Court justices found that the suit is unlikely to succeed.

“Although at times it is difficult to determine where a particular activity falls on the speech/conduct continuum, no such difficulty is present when the activity being regulated is gambling. We long have viewed gambling as conduct that may be heavily regulated and even banned by the Commonwealth as an exercise of its police powers,” the panel wrote in its order.

The games look and play like slot machines, though manufacturers say there is an element of skill involved.

The General Assembly passed legislation outlawing skill games in 2020, but former Gov. Ralph Northam delayed it for a year to help the state raise money for COVID-19 relief efforts.

The ban then took effect in 2021, but the lawsuit resulted in an injunction that allowed games already registered with the state’s Alcoholic Beverage Control Authoirty to continue until the issue is resolved.

The lawsuit is now set to go to trial in December.



Judge blocks 2 provisions in North Carolina’s new abortion law
Legal Interview | 2023/10/02 17:03
A federal judge on Saturday blocked two portions of North Carolina’s new abortion law from taking effect while a lawsuit continues. But nearly all of the restrictions approved by the legislature this year, including a near-ban after 12 weeks of pregnancy, aren’t being specifically challenged and remain intact.

U.S. District Judge Catherine Eagles issued an order halting enforcement of a provision to require surgical abortions that occur after 12 weeks — those for cases of rape and incest, for example — be performed only in hospitals, not abortion clinics. That limitation would have otherwise taken effect on Sunday.

And in the same preliminary injunction, Eagles extended beyond her temporary decision in June an order preventing enforcement of a rule that doctors must document the existence of a pregnancy within the uterus before prescribing a medication abortion.

Short of successful appeals by Republican legislative leaders defending the laws, the order will remain in effect until a lawsuit filed by Planned Parenthood South Atlantic and a physician who performs abortions challenging the sections are resolved. The lawsuit also seeks to have clarified whether medications can be used during the second trimester to induce labor of a fetus that can’t survive outside the uterus.

The litigation doesn’t directly seek to topple the crux of the abortion law enacted in May after GOP legislators overrode Democratic Gov. Roy Cooper’s veto. North Carolina had a ban on most abortions after 20 weeks before July 1, when the law scaled it back to 12 weeks.

The law, a response to the 2022 U.S. Supreme Court ruling that struck down Roe v. Wade, also added new exceptions for abortions through 20 weeks for cases of rape and incest and through 24 weeks for “life-limiting” fetal anomalies. A medical emergency exception also stayed in place.

On medication abortions, which bill sponsors say also are permitted through 12 weeks of pregnancy, the new law says a physician prescribing an abortion-inducing drug must first “document in the woman’s medical chart the ... intrauterine location of the pregnancy.”

Eagles wrote the plaintiffs were likely to be successful on their claim that the law is so vague as to subject abortion providers to claims that they broke the law if they can’t locate an embryo through an ultrasound because the pregnancy is so new.


Hunter Biden sues the IRS over tax disclosures after agent testimony
Legal Interview | 2023/09/26 13:55
Hunter Biden sued the Internal Revenue Service on Monday, claiming that two agents publicly alleging tax-probe interference wrongly shared his personal information, a case that comes amid escalating legal and political struggles as the 2024 election looms.

The agents “targeted and sought to embarrass Mr. Biden” with the sharing of confidential tax information in press interviews and testimony before Congress, the suit said. His lawyers argue that whistleblower protections don’t apply, but a lawyer for one agent said any confidential information released came under whistleblower authorization and called the suit a “frivolous smear.”

The lawsuit marks the latest legal pushback from Biden as a long-running federal investigation into him unfolds against a sharply political backdrop. That includes an impeachment inquiry aimed at his father, President Joe Biden, seeking to tie him to his son’s business dealings.

“Mr. Biden is the son of the President of the United States. He has all the same responsibilities as any other American citizen, and the IRS can and should make certain that he abides by those responsibilities,” the suit states. “Similarly, Mr. Biden has no fewer or lesser rights than any other American citizen, and no government agency or government agent” has free rein to violate his rights simply because of who he is.

The suit says the IRS hasn’t done enough to halt the airing of his personal information. It seeks to “force compliance with federal tax and privacy laws” and damages of $1,000 for every unauthorized disclosure.

IRS supervisory special agent Greg Shapley, and a second agent, Joe Ziegler, have claimed there was a pattern of “slow-walking investigative steps” into Hunter Biden in testimony before Congress. They alleged that the prosecutor overseeing the investigation, Delaware U.S. Attorney David Weiss, didn’t have full authority to bring charges in other jurisdictions. Weiss and the Justice Department have denied that.

Shapley’s lawyer called the lawsuit a “frivolous smear” that sought to “intimidate any current and future whistleblowers.” He didn’t release confidential tax information except through legal whistleblower disclosures, his attorney said. “Once Congress released that testimony, like every American citizen, he has a right to discuss that public information.”


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