Articles

Justices: Admission of warrantless cell location data was harmless

Even though law enforcement conducted a warrantless Fourth Amendment search when they accessed of a man’s cellphone location data, the admission of the data does not warrant a new trial because any error was harmless beyond a reasonable doubt, the Indiana Supreme Court ruled Friday, upholding a man’s four convictions in a case heard on remand from the U.S. Supreme Court.

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Indiana leads 20-state coalition’s whistleblower brief

A scheme to award a multi-million-dollar no-bid subcontract to provide security in Iraq during the cleanup of munitions has put the spotlight on the federal False Claims Act and raised concerns among states, including Indiana, that a narrower interpretation of the long-standing statute could impact their ability to recover in whistleblower complaints.

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Judiciary faces ‘political’ task in border wall emergency declaration

The question for courts hearing challenges to President Donald Trump’s national emergency declaration is not as simple as deciding whetherthe action is legal; they also must determine the extent of congressional and presidential powers, the meaning of relevant statutes and how much deference to give a president asserting executive authority.

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SCOTUS to determine when permits are necessary to pollute navigable waters

The US Supreme Court is reviewing a lower court ruling that seemingly expands the Clean Water Act. Under the 9th Circuit’s decision, any pollutant found in navigable water that is “fairly traceable” to a permittable discharge source is subject to permitting requirements, even if the source of the pollutant does not discharge directly into a navigable water.

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SCOTUS decision in Timbs civil forfeiture case just a start

The US Supreme Court decision in a landmark Indiana civil forfeiture case ruled that the Eighth Amendment Excessive Fines Clause is incorporated to the states, but Justice Ruth Bader Ginsburg’s opinion declined to answer one key question: When does the Eighth Amendment prohibit civil forfeiture?

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Supreme Court: Judges can’t rule from the grave

Federal judges can’t rule from the grave, the US Supreme Court held Monday, writing that a federal court can’t count the vote of a judge who died in a decision issued after the judge’s death. The justices said “federal judges are appointed for life, not for eternity.”

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High court deciding fate of cross-shaped Maryland memorial

Supporters of a cross-shaped memorial to veterans of World War I are asking the US Supreme Court to overturn a ruling that its location on public land in Maryland violates the First Amendment establishment clause. Justices will hear the case Wednesday.

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Lake Michigan shoreline bills advance in Indiana Senate

Two pieces of legislation that would define public and recreational use of Lake Michigan’s shores and give jurisdiction of seawalls, beach grooming and land walls to the Indiana Department of Natural Resources have made advances in the Indiana Senate this week. 

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SCOTUS rejects appeal of Lake Michigan public access case

The Supreme Court of the United States will not hear an appeal that sought to restrict public access to the Indiana shore of Lake Michigan. Justices let stand an Indiana Supreme Court decision that found a public access right to the state’s 45 miles of Great Lakes beaches.

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Trump emergency declaration faces fights in the courts

President Donald Trump declared a national emergency along the southern border and predicted his administration would end up defending it all the way to the Supreme Court. That might have been the only thing Trump said Friday that produced near-universal agreement.

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Justices to decide if 2020 census can ask about citizenship

The Supreme Court will decide whether the 2020 census can include a question about citizenship that could affect the allocation of seats in the House of Representatives and the distribution of billions of dollars in federal money. The justices agreed Friday to a speedy review of a lower court ruling that has so far blocked the Trump administration from adding the citizenship question to the census for the first time since 1950.

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Lake Michigan public access bill advances; SCOTUS to confer on appeal

A bill that defines the shore of Lake Michigan as belonging to the public and spells out public recreational uses of the shoreline has moved to the full Indiana Senate. Meanwhile, a petition seeking to privatize Indiana’s Great Lakes beaches will be before justices of the Supreme Court of the United States this week.

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