First Amendment and Commercial Clause
November 19, 2021
This week, we focused on asking the Supreme Court to consider whether Puerto Rico’s news organizations have First Amendment rights, can listen to the audio of the proceedings in domestic violence cases that sparked protests, and whether New Jersey’s taxation violates commercial regulations. Terms.
Puerto Rico Journalists Association v.Commonwealth of Puerto Rico Andre Cristina Ruiz Costas was murdered by her ex-boyfriend, which led to protests in San Juan, Puerto Rico. Shortly before her death, Ruiz Costas sought a restraining order and criminal charges against her ex-boyfriend, but the court did not grant her any relief in three separate hearings. After news organizations sought recordings of these lawsuits, the Puerto Rican court refused any access on the grounds that since judges have the discretion to enter the courts that hear domestic violence matters to protect confidentiality, the records of the lawsuits should be kept sealed. In its petition, the Puerto Rico Journal Association argued that the court did not consider that the First Amendment was wrong before refusing to enter the proceedings and that their interpretation violated the First Amendment.
The State of New Jersey levies a tax on any partnership that receives income from the State of New Jersey at a flat rate of US$150 to US$250,000 per partner, regardless of whether the partner is in New Jersey. Ferrellgas Partners, LP is a “master limited partnership” that allows Ferrellgas to raise funds by selling partnership “units” similar to stocks and traded on the New York Stock Exchange. In the petition, Ferrellgas insisted that from 2009 to 2011, approximately 1% of its sales occurred in New Jersey, but due to tens of thousands of partners, New Jersey levied an annual tax of $250,000, even more than The income of Ferrellgas in New Jersey. Ferrellgas argued that the taxation violated the terms of commerce because it exceeded the proportion of businesses in New Jersey. However, the New Jersey court upheld the taxation, with exceptions, because the taxation is a “locally focused” regulatory fee.The situation is Ferrellgas Partners, LP v. Commissioner of the New Jersey Department of Revenue.
These and others Petition this week as follows:
Devine v. Absolute Activist Value Master Fund Limited
problem: Whether to dismiss the plaintiff’s lawsuit voluntarily Federal Civil Procedure Rule 41(a)(1) Permanently deprive the district court of jurisdiction to consider a motion to amend a previously issued protection order.
Lee v. Garrick
problem: (1) In providing habeas corpus relief to state court inmates, did the US Court of Appeals for the Second Circuit cause the division of the circuit and reject the state court’s decision? 28 USC § 2254(d)(1) When it relies on tests that are not clearly provided in the Supreme Court’s case to determine that the autopsy report is testimony based on the adversarial clause; (2) Whether it violates the Second Circuit Abel v Alvarado Through the application of too specific “unreasonable application” analysis; (3) Whether the second circuit violates the harmless error standard Brecht v Abrahamson The ruling acknowledges that the autopsy report is not harmless, although (a) it is uncertain whether the report can be used as the basis for the expert opinion of the court, and (b) overwhelming evidence of guilt, including James Garlick’s surveillance video stabbing the victim.
Ferrellgas Partners, LP v. Commissioner of the New Jersey Department of Revenue
problem?Whether the levy of income raised for a state’s general fund and not limited to the taxpayer’s activities within the state can be characterized as a local-focused regulatory fee, so the collection does not consider whether it is internally consistent.
Duncan v. Liberty Mutual Insurance Company
problem: When the insurer violated its contractual obligation to pay medical expenses for the person, whether the person suffered the de facto injury in Article 3.
Butler v. Porter
problem: Is it based on the following remedies Bivens v. Six Unidentified Agents of the Federal Narcotics Administration In addition to violating the full medical rights of the Eighth Amendment of federal prisoners, federal prisoners will never be able to obtain it under any circumstances.
Puerto Rico Journalists Association v.Commonwealth of Puerto Rico
problem: (1) Whether the court can summarily terminate judicial proceedings and deny access to official recordings of these proceedings without being uncertain whether the First Amendment is accompanied by public access rights; (2) Puerto Rico’s Judicial Law of 2003 as interpreted by the Supreme Court of Puerto Rico Article 5.005 requires that all domestic violence lawsuits and official recordings of these lawsuits be automatically closed, whether it violates the public access rights under the First Amendment Universal Press Company v. High Court.