Courts

Sued: DOJ Brings E-Book Antitrust Lawsuit Against Apple, Publishers

US Attorney General Eric Holder  deliver

Just like that, Apple is officially on the receiving end of a major antitrust lawsuit filed this morning by the U.S. Justice Department for alleged e-book price-fixing. The suit, filed in New York district court, includes publishers Hachette SA, HarperCollins, Macmillan, Penguin and Simon & Schuster, reports Bloomberg.

The Lone Star Way: Why Texas’ Legal War with the Federal Government Could Be the Biggest One Yet

Brendan Smialowski / Getty Images

The debate over what has come to be called Obamacare moved into the eye of a political storm last week as the U.S. Supreme Court weighed the law’s constitutionality. With its civilized tone, the legal discourse was akin to the calm in the center of a hurricane. But at the periphery of the same storm, [...]

Is Obamacare Constitutional?

Two interesting columns this morning on the Supreme Court’s upcoming consideration of the Affordable Care Act, a.k.a. Obamacare. Jonathan Cohn, one of the very best writers on this subject, cuts to the chase: If the individual mandate — the requirement that everyone purchase health insurance — is unconstitutional, then Medicare and Social Security must be [...]

The 2nd Circuit Slams Occupy Wall Street ‘Hero’ Judge Rakoff

The Washington Post / Getty Images

Remember how last fall that “heroic” Manhattan-based U.S. district court judge Jed Rakoff “ripped the SEC a new one” by blocking a massive settlement the agency had proposed  with Citigroup for the bank’s allegedly knowing and fraudulent acts in the run-up to the great recession? At the time of Rakoff’s decision last November, I wrote:

The Gay Marriage Decision: Is It Too Narrow to Reach the Supreme Court?

Justin Sullivan / Getty Images

Tuesday’s ruling striking down California’s ban on gay marriage marks the first time a federal appellate court has squarely rejected a state decision to limit marriage to straight couples. In so doing, it scored big for the two couples who brought the case and the thousands more who hope to marry in California. However, the [...]

In Blow to Democrats, Supreme Court Knocks Down Texas Voting Map

Andrew Harrer / Bloomberg / Getty Images

Just in time for the renewed talk of a protracted GOP primary fight, the Supreme Court of the United States has crushed a revised redistricting map in Texas and unanimously ordered a lower court in San Antonio to come up with a new map based closely on the one produced by the state’s GOP legislature [...]

Texas Trifecta: Control of Presidency, Congress and Courts May Be at Stake in Redistricting Fight

Texas Legislative Council

For Republicans concerned that a lengthy primary could hurt their chances against Obama in 2012, the biggest worry may not be Iowa or New Hampshire. In Texas, a fight over the legality of a redistricting plan is threatening to push the state’s primary from March 6 all the way to May 29, potentially enabling three extra months of expensive and damaging intra-party attacks between GOP candidates. And that’s not all that’s at stake.

Occupy the Southern District of New York: Judge Strikes Down SEC-Citibank Settlement

Federal District judge Jed Rakoff followed through with a smackdown of the Securities Exchange Commission on Monday, rejecting a settlement between the agency and Citibank that would have imposed a $285 million penalty on the bank without forcing it to admit wrongdoing for betting against mortgage securities that eventually cost investors hundreds of millions of [...]

The Supreme Court Weighs the Implications of Big Data

Last week the Supreme Court heard arguments over whether police violated the Fourth Amendment protection against unreasonable search and seizure by tracking suspected drug dealer Antoine Jones 24 hours a day for four weeks in 2004, collecting data even after their search warrant expired. Jones’ lawyer argued the government should have to get a warrant [...]

SCOTUS To Hear Obamacare Before Election

The U.S. Supreme Court granted cert (PDF) this morning in three cases challenging several key elements of President Barack Obama’s health-care reform law: whether Congress can force Americans to purchase health care; whether all or part of the rest of the law is constitutional if that one provision is not; whether the penalty for not [...]