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Constitutional Law

Nothing is Simple With This Supreme Court

As the nation waits for the Supreme Court to rule on the President’s Health Care Program, I expect the decision will be a greatly splintered and divided one which will most likely add to the run of 5-4 decisions that will be the Roberts Court’s legacy. Without a doubt, this is the most polarized and […]

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Litigation

Supremes Cause Trouble for DWI Trials

In a 5-4 decision, the Supreme Court today ruled that the Sixth Amendment’s Confrontation Clause requires prosecutors to call the actual lab technician who did a DWI lab test on a defendant’s blood rather than just use another qualified technician to read the report prepared by the lab tech. In Bullcoming v. New Mexico the […]

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General

Supremes Disappoint With Latest Case on Confrontation

Yesterday the US Supreme Court  issued a ruling that severely weakened an important right contained in the Constitution.  The Sixth Amendment contains The Confrontation Clause: “In all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.”  While much of the Constitution is derived from English law this basic right […]