Fourth District Candidates Weigh in on SCOTUS Health Care Decision

What do you think about the decision? See what some local pols, who are running for Barney Frank's seat, had to say.

With so many names vying for the Fourth Congressional District seat, there is likely to be a variety of candidate opinions when it comes to the U.S. Supreme Court's health care ruling yesterday.  On June 28, the court decided 5-4 to uphold the mandate for individuals to purchase health insurance, the most controversial component of the Affordable Care Act. We heard what Senate candidate Elizabeth Warren and U.S. Sen. Scott Brown had to say,but what about the Massachusetts politicos running for Barney Frank's seat?  Here are statements from some of the Fourth District candidates: Brookline resident and Democrat Joe Kennedy III called the decision "a victory for this country", noting in his statement that his uncle (Sen. Ted Kennedy), spent …

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Counsel Corner

Supreme Court Ruling on Obamacare May Affect Presidential Election

June brings U.S. Supreme Court decisions.

In the real world, the month of June means the warm air of spring and the latest sunset of the year. The end of another year of school. Nice weather, graduation parties, backyard barbeques and baseball games. In the legal world, the month of June brings United States Supreme Court decisions. Cases that are briefed and argued in the late winter and early spring are usually decided and announced just before summer gets underway. Every year, lawyers and legal observers anxiously await the decisions. This year, we can expect two rulings somewhat unusual in their magnitude. These decisions also may play a role in the presidential election this November. This week, we will consider the legal challenge to the Patient Protection and Affordable …

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Counsel Corner

U.S. Supreme Court Decision Sounds Like Bad News for Music Downloaders

Parents should discuss the risks with their kids, he says.

Parents of children that enjoy music, be warned. Illegally downloading copyrighted music off the Internet carries very serious penalties. Recently, in a case that attracted much attention in the music industry, the United States Supreme Court declined to hear an appeal of a lower federal court decision that imposed damages of $675,000 against a college student that downloaded 30 – that’s right, just 30 – songs off the Internet. Joel Tenenbaum was a student at Goucher College in Maryland. Rather than purchase music on I-Tunes or one of the other online music sources, Joel used some file-sharing software to download and distribute two-and-a-half dozen copyrighted songs belonging to major record labels such as Sony, Arista and others. …

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Counsel Corner

California Case Raises Questions About Lying About One's Past

Should the federal government prosecute such cases?

One of the more entertaining movies of the last decade or so is Steven Spielberg's "Catch Me If You Can." The film tells the more or less true story of Frank Abagnale, a man that confounded authorities for years by successfully impersonating, among other things, an airline pilot, state prosecutor and emergency room doctor, all the while creating false identification papers and passing bogus checks worth millions of dollars. No one could seriously dispute that people like Abagnale deserve to be punished with criminal prosecution. Abagnale was more than a braggart. His actions put airline passengers, hospital patients and law clients in jeopardy. And his counterfeit check-writing schemes cost companies a fortune. On the other hand, Xavier …

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Counsel Corner

Recent U.S. Supreme Court Ruling Should Interest Sharon Residents

High court rules landowners can sue to challenge an EPA compliance order under the Clean Water Act.

A recent United States Supreme Court decision should interest many Sharon residents that live in and around the town’s wetlands, lakes and ponds. In a unanimous ruling (9-0), the high court ruled that landowners have a right to bring a lawsuit to challenge a compliance order of the Environmental Protection Agency under the Clean Water Act. The case arose – like many Supreme Court matters do – out of an ordinary situation that suddenly and unexpectedly turned extraordinary. The Sacketts – an Idaho family - owned a piece of undeveloped residential land. The lot was separated from a nearby lake by several other lots that had permanent structures. When the Sacketts started building a new home on the lot, they filled in part of it with some …

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Counsel Corner

Was There a Leak on Supreme Court's Vote in Obamacare Case?

He concludes there wasn't one.

As has been widely reported, President Obama clearly misspoke when he claimed that it would be "unprecedented" for the Supreme Court to strike down a major piece of legislation – in this case, Obamacare. The high court has struck down many laws and regulations found inconsistent with the Constitution. Indeed, the Justice Department admitted as much in a memo released late last week. Giving the President the benefit of the doubt, he likely meant to say that it would be unprecedented for the Court to strike down a bill of great magnitude. Many would consider that, too, to be inaccurate, but at least it would be arguable. Some pundits on the right side of the spectrum believe the President already knows how the justices voted, and that one of…

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Counsel Corner

Supreme Court Ruling on GPS Sends Message

Justices are suspicious of un-monitored governmental activity.

Just a few weeks ago, we discussed whether the government should be allowed to attach GPS devices to automobiles belonging to criminal suspects without first obtaining a search warrant. In a poll that accompanied the column, fully 70 percent of those participating in the survey said that the government should not be permitted to attach a GPS device to a car, without first asking a judge or magistrate to issue a warrant. Yesterday, in a much-anticipated decision, United States v. Jones, the United States Supreme Court took the same position, ruling without dissent that the Fourth Amendment of the Constitution, which prohibits illegal searches and seizures, does not permit governmental authorities to install GPS devices on private vehicles. …

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Counsel Corner

Two Big Court Cases Could Affect Presidential Election

U.S. Supreme Court to decide challenges to health care bill, Arizona immigration bill, in 2012.

As 2012 approaches, we look ahead to some enormously significant events that are scheduled to take place in the worlds of politics and law. Two important United States Supreme Court cases will be argued, and most likely decided, in the coming year. In March, the Court will hear argument in a challenge to the health care bill passed by Congress in 2009. There are two big issues in the case. The first issue is whether Congress has the power to mandate citizens to purchase something – mainly, health insurance. The second issue is whether the entire health care bill must be thrown out if the individual mandate is declared unconstitutional. The other big case coming before the Court in 2012 involves the challenge to the immigration bill enacted…

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Counsel Corner

Religious Freedom Case Awaits U.S. Supreme Court

Should courts weigh in on hiring and firing at religious institutions?

This fall, the United States Supreme Court will hear argument in what one prominent law professor has called "the most significant religious freedom case in the last 20 years." The case involves an elementary school operated by a Lutheran church. A teacher at the school suffering from narcolepsy (an illness that causes chronic fatigue) was barred from returning to work after sick leave. When the teacher threatened to sue the school, she was fired. Later, with the support of the Equal Employment Opportunity Commission, the teacher sued the church, claiming she had been discriminated against on account of a disability. The teacher eventually won the lawsuit, but the school successfully petitioned the high court to review the case. Courts …

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Counsel Corner

How Tight Can School Dress Codes Be?

Word is that Sharon High is enforcing its policy more rigorously.

Word around town is that Sharon High School has been more rigorous in enforcing its Dress and Apparel policy. Published on page 44 of the Parent-Student Handbook, the policy states that in "order to ensure that the educational atmosphere of Sharon High School is as conducive to learning as possible, dress and apparel that are not disruptive to the learning environment are required at all times." The policy lists types of clothing that "may be considered disruptive to the learning environment, or that may be considered compromising to the health, safety and well-being of others." Included are chains and metal spikes; clothing depicting lewd, violent, sexist or degrading remarks, or advertising alcohol, tobacco or drugs; clothing that is "…

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