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FLW Supplement Cases of Interest
ABORTION. The circuit court enjoined the enforcement of Chapter 2015-118, Laws of Florida, which provides that the information required to be given to a woman seeking an abortion be provided at least 24 hours before the procedure is performed. Read more...
DUI--EVIDENCE--BREATH TEST. A county court judge ruled that the FDLE is an authorized repair facility for breath testing instruments. Administrative rules clearly require inspection by the Department when an instrument is returned to a local law enforcement agency from an authorized repair facility before the instrument is placed back into evidentiary use. Read more...
FLW Federal Cases of Interest
CRIMINAL LAW--SENTENCING--ARMED CAREER CRIMINALS ACT. The residual clause of the ACCA, which defines a "violent felony" as including any felony that involves conduct that presents a serious potential risk of physical injury to another, is unconstitutional. Read more...
MARRIAGE--SAME-SEX. The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when the marriage was lawfully licensed and performed out-of-state. Read more...
ENVIRONMENTAL LAW--CLEAN AIR ACT--POWER PLANT EMISSIONS. The Environmental Protection Agency interpreted 42 U.S.C. section 7412(n)(1)(A) unreasonably when it deemed cost irrelevant to its decision to regulate power plants. Read more...
ELECTIONS--REDISTRICTING. The Arizona legislature had standing to challenge Arizona voters' removal of redistricting authority from the Legislature and vesting it in an independent commission. The Elections Clause and 2 U.S.C. section 2a(c) permit Arizona's use of a commission to adopt congressional districts. Read more...