2013 SCOTUS DEVELOPMENTS
January 9, 2013: SCOTUS considered whether the police need warrants to obtain blood samples in drunken-driving investigations. The case, Missouri v. McNeely, No. 11-1425, hinges on the natural dissipation of blood alcohol and whether there is time to obtain a warrant when a person who is suspected of drunken driving is pulled over by police and refuses to consent to a breath test.
January 8, 2013: The Court unanimously ruled that federal courts should not automatically suspend postconviction challenges from death row inmates who are mentally incompetent to help their lawyers. The decision left open the possibility that such suspensions may sometimes be warranted, but it said that they should not be indefinite (Ryan v. Gonzales, Tibbals v. Carter, Nos. 10-930 and 11-218).
2012-2013 SYNOPSIS (GESTALT)
The court’s new term, which began on Oct. 1, 2012, features not only a docket studded with momentous issues but also a new dynamic among the justices.
The theme this term is the nature of equality, and it will play out over issues that have bedeviled the nation for decades. It will probably include major decisions on affirmative action in higher education admissions, same-sex marriage and a challenge to the heart of the Voting Rights Act of 1965. Those rulings could easily rival the last term’s as the most consequential in recent memory.
The term will also provide signals about the repercussions of Chief Justice John G. Roberts Jr.’s surprise decision in June to join the court’s four more liberal members and supply the decisive fifth vote in the landmark decision to uphold President Obama’s health care law. Every decision of the new term will be scrutinized for signs of whether Chief Justice Roberts, who had been a reliable member of the court’s conservative wing, has moved toward the ideological center of the court.
The term could clarify whether the health care ruling will come to be seen as the case that helped Chief Justice Roberts protect the authority of his court against charges of partisanship while accruing a mountain of political capital in the process. He and his fellow conservative justices might then run the table on the causes that engage him more than the limits of federal power ever have: cutting back on racial preferences, on campaign finance restrictions and on procedural protections for people accused of crimes.
The texture of the new term will be different, as the court’s attention shifts from federalism and the economy to questions involving race and sexual orientation. The new issues before the court are concrete and consequential: Who gets to go to college? To get married? To vote?
["U.S. Supreme Court", The New York Times, Wednesday, January 23rd, 2013, topics.nytimes.com; www.bloomberglaw.com/public/documents/ Ryan v. Gonzales, Nos. 10-930, 11-218 BL 4613 (U.S. Jan. 08, 2013); www.scotusblog.com/01-23-2013]
Charles Jerome Ware is president of the national law firm Charles Jerome Ware, P.A., Attorneys and Counselors. He is a renowned trial attorney, with several celebrity clients and numerous successful cases to his credit. Headquartered in nearby Columbia, Maryland, and with multiple offices throughout the country, the firm specializes in complex civil and criminal litigation, and catastrophic injury, wrongful death and class action lawsuits.
Ware is a former federal administrative law judge, and he was the youngest immigration judge in the history of the U.S. Additionally, he has served as chief legal and antitrust counsel to the chairman of the U.S. Federal Trade Commission, assistant U.S. Attorney for Maryland and the Eastern District of Virginia, and senior trial attorney in both the antitrust and criminal divisions of the U.S. Department of Justice, as well as executive vice president and general counsel for St. Paul's College, among other positions.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Ware is a former federal administrative law judge, and he was the youngest immigration judge in the history of the U.S. Additionally, he has served as chief legal and antitrust counsel to the chairman of the U.S. Federal Trade Commission, assistant U.S. Attorney for Maryland and the Eastern District of Virginia, and senior trial attorney in both the antitrust and criminal divisions of the U.S. Department of Justice, as well as executive vice president and general counsel for St. Paul's College, among other positions.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, The Howard County Sun, The Anniston Star, The New York Times, et al.]
Ware is a widely acclaimed expert legal commentator who, for eight years in the 1990s hosted the extremely popular legal advice radio program "The Lawyer's Mailbox": the Number One (#1) legal advice radio program in the Mid-Atlantic States, on WEAA-88.9 FM, Morgan State University Radio in Baltimore, Maryland.
Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:
Among attorney and author Charles Jerome Ware's best-selling books are:
(1) The Secret Science of Winning Lotteries, Sweepstakes and Contests;
http://amzn.com/1432793888
(2) Understanding the Law: A Primer;
http://amzn.com/1440111456
(3) The Immigration Paradox: 15 Tips for Winning Immigration Cases;
http://amzn.com/1440171920
(4) Legal Consumer Tips and Secrets: Avoiding Debtors' Prison in the United States; and
http://amzn.com/1462051847
(5) Quince (15) Consejos Para Ganar Casos Del Inmigracion.
http://amzn.com/1462068952
Ware's blogs and twitter include, inter alia:
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