Supreme Court Game Theory

Saturday, November 20, 2021 1:38:04 PM

Supreme Court Game Theory

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The new administration had tried to end the Remain in Mexico program, as it is informally known. Earlier this month, the Supreme Court voted the same way to strike down part of New York's eviction moratorium. In the same ruling, the Supreme Court ruled against allowing COVID hardships to stand as a reason to ban landlords from kicking out tenants. The state's rules allowed renters to simply state they'd suffered financial hardship and avoid eviction without providing any evidence. New Yorkers renting apartments will also now no longer be able to stay in homes they've stopped paying rent on by claiming that doing so would endanger their health.

Tenant can still prove financial hardship from the pandemic to avoid eviction, but can no longer avoid it by just filling out a form. The pause on evictions expires at the end of August, meaning people could start getting kicked out of their apartments by the end of this month. Incoming Governor Kathy Hochul criticized Thursday's ruling, saying that she and state lawmakers would work to try and reinforce the moratorium. Both parts of the law that have been cut were enacted when COVID decimated many of New York's biggest industries - including hospitality and travel - leaving people who worked in them fearful of being made homeless.

The state has since largely reopened, and its economy appears to be on the path to recovery. The national eviction moratorium was put in place last September by the Centers for Disease Control and Prevention to provide aid for those struggling from the economic impacts of the coronavirus pandemic in March The moratorium was supposed to end in December, but Congress voted to extend it until January The Biden administration then pushed the deadline further, once in January and then again in March. Although the moratorium was set to expire at the end of July, the spread of the delta variant and summer spikes in COVID cases continued to leave millions vulnerable.

Data showed that in July, roughly 3. Census Bureau's Household Pulse Survey. The Supreme Court ruled in a decision to allow the deadline to extend one final time until the end of July. The pressure came as landlords and property owners grieved over the loss of income rent while the federal aid set aside for them trickled in at a snails pace. Some states like New York have distributed almost nothing, while several have only approved a few million dollars. After weeks of protests to extend the eviction moratorium were held at the Capitol, the Biden administration extended the deadline one more time into August.

Supreme Court Justice Brett Kavanaugh, who voted to extend the deadline to July, had warned that he would switch his vote if the administration tried extending it again. The Supreme Court ultimately banned the eviction moratorium in a decision. The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline. Argos AO. Privacy Policy Feedback. Supreme Court's conservative majority blocks Biden's eviction moratorium in ruling meaning landlords can finally kick out tenants who haven't paid rent since March The Supreme Court voted to block the national eviction moratorium, allowing landlord to kick out renters who have not paid rent since the pandemic began The court voted , with the six conservative justices electing to end the eviction freeze and the three liberals justices voting it should stay Court says the CDC overextended its authority in imposing the moratorium The court previously allowed it to extend to July, but Justices John Roberts and Brett Kavanaugh switched their vote after the extension went into August This is the second blow to the Biden administration after the court also voted to reinstatement of a Trump-era policy forcing asylum seekers to wait in Mexico By Associated Press and Ronny Reyes For Dailymail.

Share this article Share. Eviction moratorium finally set to expire 18 months after it was created amid COVID first wave The national eviction moratorium was put in place last September by the Centers for Disease Control and Prevention to provide aid for those struggling from the economic impacts of the coronavirus pandemic in March Share or comment on this article: Supreme Court's conservative majority blocks Biden's eviction moratorium e-mail Comments Share what you think. View all. Bing Site Web Enter search term: Search. DON'T MISS Leigh-Anne Pinnock slams Jesy Nelson for 'blackfishing' in leaked messages and claims band didn't unfollow former Little Mix star - she blocked THEM 'I'm out of surgery': Julia Bradbury reveals she has had her mastectomy as she shares photo of herself in hospital bed post-operation after breast cancer diagnosis George Clooney, 60, looks dapper in black suit while his wife Amal, 43, dons glittering white gown as the couple go for dinner with her family in Notting Hill Rita Ora showcases her incredible figure in a blue floral bikini as she soaks up the sun in sizzling snaps Strictly's Kai Widdrington is overheard telling AJ Odudu 'I love you so much' during sizzling performance following romance rumours A truly autumnal experience, the cosiest spots for a getaway and the best shows to stream on chilly days: Here's what we're loving in October Sponsored Advertisement.

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Has Liz Truss won the tussle with Raab over Chevening? New Foreign Secretary uses grace-and-favour mansion Downing Street says targets will NOT be set for the return of civil servants to Whitehall offices despite Fears of more chaos on the shelves as Britain's main carbon dioxide producer will hike its prices under a Senior detective denies 'unconscious bias' in the way he investigated death of gay serial killer Stephen Winter v. Natural Resources Defense Council. Altria Group, Inc.

Herring v. New Jersey. Waddington v. Saucier v. Katz is overruled; courts need not determine whether a civil-rights plaintiff's constitutional rights were violated if they determine that the right was not clearly established at the time of the injury. Fitzgerald v. Barnstable School Committee. The petitioner parents had the right to sue a school committee under 42 U. This decision reversed the Second Circuit's holding that Title IX provided the sole remedy the parents could seek.

Employees who cooperate with an internal investigation of alleged sexual harassment are protected against retaliation under Title VII of the Civil Rights Act. Van de Kamp v. Prosecutors are immune from suit under 42 U. Under 18 U. Pleasant Grove City v. A municipality that allows a privately donated Ten Commandments monument to be displayed on public property need not permit the religion of Summum to put up its own statue of similar size. Under Chevron v. Natural Resources Defense Council , the Board of Immigration Appeals rather than a federal court has the power to decide whether the so-called "persecutor bar" applies to asylum applicants applies to those who were forced to persecute others in their home country. Federal drug labeling requirements do not preempt state drug labeling requirements enacted to ensure that the public knew certain drugs are safe.

Entergy v. The Clean Water Act does not prevent the EPA from engaging in a cost-benefit analysis when setting standards for power plants that use large quantities of water for cooling. An employer and a union can agree, through a collective bargaining agreement , that the unionized employees must resolve discrimination claims in arbitration instead of court. Police power to search an arrested person's vehicle is limited to safety concerns and evidence related to the actual arrest. FCC v. Fox Television Stations. The FCC may ban "fleeting expletives" on television broadcasts. The petitioner death row inmate had not forfeited the opportunity to argue that prosecutors withheld evidence important to his defense.

Dean v. Upheld sentence for discharging a firearm during a violent crime, Congress intended a defendant to be held strictly liable for such an offense. Flores-Figueroa v. Whether the law enhancing the sentence for identity theft requires proof that an individual knew that the identity card or number he had used belonged to another, actual person. Whether top government officials can be held personally liable for allegedly knowing or condoning of racial and religious mistreatment of suspected terrorists. The Pregnancy Discrimination Act of is not retroactive, so maternity leave taken before it passed cannot be considered in calculating employee pension benefits.

Caperton v. Massey Coal Co. Due process requirements for judges' recusal. Eisenstein v. Where the Government has not intervened or actively participated, private plaintiffs under the False Claims Act must file an appeal within 30 days of the judgment or order being appealed, according to the Federal Rules of Appellate Procedure. District Attorney's Office v. Found no due process , postconviction right to access to the state's evidence for DNA testing. Melendez-Diaz v. Under the Confrontation Clause of the Sixth Amendment , the prosecution if it plans to present a lab report as evidence in a criminal trial must make the analyst who prepared it available for on-demand cross-examination by defense counsel.

Safford Unified School District v. Strip search of a middle schooler violated the Fourth Amendment where the school lacked reasons to suspect either that the drugs presented a danger or that they were concealed in her underwear. White firefighters in New Haven suffered unfair discrimination because of their race when the city scrapped the results of a promotional exam. Citizens United v. First Amendment restrictions on displaying a cross on public property. Reed Elsevier, Inc. Simmons should also apply to sentences of life without the possibility of parole.

Ontario v. McDonald v. Abbott v. Los Angeles County v. Section actions are limited to those caused by a municipality's "policy or custom" regardless of whether the plaintiff seeks monetary or prospective relief. Premo, Superintendent, Oregon State Penitentiary v. Habeas relief may not be granted with respect to any claim a state-court has found on the merits unless the state-court decision denying relief involves an "unreasonable application" of "clearly established federal law, as determined by" the Court. Swarthout v. State prisoners have no constitutional right to parole. The First Amendment protects from tort liability a person who speaks about a public issue on a public sidewalk, even if that speech is "outrageous.

A three-judge panel of the District Court properly ordered the California prison system to release prisoners to resolve overcrowding. A prosecutor's office cannot be held liable for a single Brady violation by one of its members on the theory that the office provided inadequate training. Williamson v. Arizona Christian School Tuition Org. Taxpayers lack standing to challenge a tax credit program that provides dollar-for-dollar incentives to donations to school tuition groups, including those awarding tuition scholarships only to religious schools.

Chamber of Commerce v. An Arizona law that sanctions employers who hire illegal immigrants is not preempted by federal immigration law. North Carolina. Bullcoming v. New Mexico. A defendant's Confrontation Clause rights cover a non-testifying laboratory analyst whose supervisor testifies as to test results that the analyst transcribed from a machine. Brown v. Entertainment Merchants Association. The Constitution prevents the state of California from banning the sale of violent video games to minors. Cavazos v. A jury found that a grandmother was guilty of assaulting her 7-week-old grandchild, which the jury found had died of shaken baby syndrome. Citing Dean Witter Reynolds Inc.

Byrd , the Supreme Court remanded this case to a Florida appellate court for consideration of whether arbitration was required for some of the claims alleged. Bobby v. Richter , the Sixth Circuit had erred in granting a state prisoner's petition for writ of habeas corpus. It was not clear the state court had erred at all, a prerequisite for granting a habeas petition. Southern Union Co. The rule of Apprendi v. New Jersey applies to the imposition of criminal fines. Lefemine v. Under 42 U. The Oklahoma Supreme Court was wrong in preventing arbitration of a dispute over the scope of noncompete agreements in employment contracts. Arkansas Game and Fish Commission v.

Repeated, temporary flooding caused by the government is not automatically exempt from the Takings Clause , so the case was remanded for the lower court to decide if the government has to pay owners for using their land. A federal employee who claims that an agency action appealable to the Merit Systems Protection Board violates an antidiscrimination statute listed in 5 U. Ryan v. Valencia Gonzales Tibbals v.

The federal law at issue, 18 U. Natural Resources Defense Council, Inc. The flow of water from an improved portion of a navigable waterway into an unimproved portion of the same waterway does not qualify as a "discharge of a pollutant" under the Clean Water Act. Already, LLC v. Nike, Inc. Nike's irrevocable promise not to enforce its trademark against its competitor mooted the competitor's lawsuit to invalidate the trademark. Smith v. United States A defendant bears the burden of proving a defense of withdrawal from conspiracy. Lozman v. City of Riviera Beach, Florida. Petitioner's floating home was not a "vessel" for purposes of 1 U. Sebelius v. Auburn Regional Medical Center. The day statutory time limit for a hospital to appeal a final Medicare reimbursement is not "jurisdictional," but it is also not subject to equitable tolling.

The return of a child to a foreign country pursuant to an order under the Hague Convention on the Civil Aspects of International Child Abduction does not render an appeal of that order moot ; that is, the losing party can still appeal. Bailey v. In Michigan v. Summers , the Supreme Court held that police officers executing a search warrant were allowed to detain people on the premises while they conducted the search. This case limits that to the "immediate vicinity" of the place being searched, so police searching a basement apartment couldn't search a man leaving from near the apartment in a car. FTC v. Phoebe Putney Health System, Inc. The state of Georgia was not immune from an antitrust lawsuit challenging the competition-reducing acquisitions of a state-owned hospital.

Because the police provided evidence showing the dog did well at training, a dog sniff provided probable cause for a search of a vehicle. The federal law giving federal courts exclusive jurisdiction over patent cases, 28 U. Henderson v. Regardless whether a legal question was settled or unsettled at the time of trial, an error is "plain" within the meaning of Federal Rule of Criminal Procedure 52 b so long as the error was plain at the time of appellate review.

Johnson v. Under 28 U. The Double Jeopardy Clause bars retrial following a court-directed acquittal , even if the acquittal was erroneous. Chaidez v. The Court's decision in Padilla v. Kentucky , holding that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review that is, non- habeas appeals. Marx v. General Revenue Corp. Under Federal Rule of Civil Procedure 54 d 1 , a prevailing defendant in a Fair Debt Collection Practices Act suit may be awarded costs even where the lawsuit was not brought in bad faith and for the purpose of harassment.

Clapper v. Amnesty International USA. Petitioners, a group of journalists and lawyers, did not have standing to challenge a federal law expanding the government's ability to engage in secret wiretapping because they could not prove they had been, or were about to be, wiretapped. The five-year statute of limitations for the SEC to bring a civil suit seeking penalties for securities fraud against investment advisers begins to tick when the fraud occurs, not when it is discovered.

Amgen Inc. Connecticut Retirement Plans and Trust Funds. In a private securities fraud class action , under the Securities Exchange Act of and an SEC rule, plaintiff class members do not need to prove that the fraud was "material" to their purchase of the securities. Levin v. The Gonzalez Act , 10 U. Kirtsaeng v. The first-sale doctrine applies to copyrighted works made lawfully overseas. Standard Fire Ins.

His stipulation does not bind the rest of the class. Decker v. Northwest Environmental Defense Center. The Clean Water Act does not require a permit before channeled stormwater runoff from logging roads can be discharged into rivers and other bodies of water. Reversing the Ninth Circuit , the Court held that the lawsuit was not barred, but that the EPA 's interpretation of its own regulation not requiring permits was entitled to deference. Wos v. A part of the federal Medicaid statute known as the "anti-lien provision" preempted a North Carolina law.

That state law had required Medicaid beneficiaries who received money from a tort judgment or settlement to give one-third of that money to the state to reimburse it for the free medical care it had provided to the person. A dog sniff at the front door of a house constitutes a " search " for purposes of the Fourth Amendment. Comcast Corp. The Third Circuit improperly certified a class action against cable company Comcast under Rule 23 b.

The damages model the class proposed was not adequate. Millbrook v. The petitioner, a prisoner, was raped by federal prison guards. The so-called "law enforcement proviso" of the Federal Tort Claims Act allowed the petitioner to sue the federal government for the guards' conduct. The petitioner, convicted in state court of gun-related crimes, claimed the courts had violated his Sixth Amendment right to counsel by declining to appoint him a lawyer to assist him in filing a motion for a new trial , though he had waived this right three times already. The Ninth Circuit agreed with the petitioner, but the Supreme Court reversed and remanded.

Genesis Healthcare Corp. A nurse brought a collective action against her former employer for violating the Fair Labor Standards Act. The employer offered the nurse a settlement under Rule 68 for her own damages, but not those of other potential class members. The Supreme Court held that the offer mooted her claim. US Airways, Inc. But when there are gaps in the plan, equitable doctrines may be used to construe it. Kiobel v.

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