Drug Pricing Developments Unfold: CMS Guidance, Constitutional Challenges, and Legislative Efforts in 2023

With the turning of the midpoint of 2023, the arena of drug pricing sees an influx of developments. The Centers for Medicare & Medicaid Services (CMS) finalized its guidance to prepare for unprecedented price negotiations, putting a highlight on the initial 10 drugs covered under the Innovation and Regulatory Affairs (IRA). Meanwhile, the constitutionality of…

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Second Amendment Tension: National Security and Gun Rights Clash in Iranian American’s Case

The Justice Department’s decision to discontinue a firearms charge against an Iranian American, who has suspected links to foreign terrorism, draws attention to profound repercussions from the Supreme Court’s landmark ruling on gun rights expansion last year. In a 22-minute hearing in Sherman, Texas, conditions were set for the defendant’s barely anticipated release after half…

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SEC Defends Civil Penalties and Agency Proceedings in Supreme Court Filing

The U.S. Securities and Exchange Commission (SEC) filed a formal request to the Supreme Court on Monday, asserting the constitutionality of federal agencies’ administrative courts’ use in enforcement actions that demand civil penalties. The SEC’s stand is a fundamental support to the practice entailing administrative law judges, mentioned in their analysis, to assess civil fines…

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Sixth Circuit Upholds Father’s First Amendment Rights in Daughter’s Softball Coach Criticism Case

Does the 1st Amendment protect a parent from retaliation after criticizing his daughter’s coach for not properly utilizing her in games? The Sixth Circuit answered in the affirmative, arguably reaffirming one of the fundamental facets of constitutional law: the protection of free speech. According to a recent case handled by the U.S. Court of Appeals…

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UN Experts Decry Russian Constitutional Court’s Dismissal of Challenges to Anti-Free Speech Laws Amid Ukraine War

United Nations experts have condemned the recent decision by the Russian Constitutional Court to dismiss challenges against laws criminalizing any public act seeking to discredit the Russian Armed Forces. These new laws, enacted amidst the persisting Russia-Ukraine War, have enabled Russian authorities to arrest over 20,000 people voicing opposition to Russia’s military efforts. The Constitutional…

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Wisconsin Chief Justice’s Coup Accusations Reflect Larger Issues in Judicial Institutions

A tumultuous episode has unfolded in the Wisconsin Supreme Court, as the Chief Justice has accused fellow justices of a coup. The contention appears to be more about frustration over electoral outcomes rather than constitutional concerns. Yet, this indicative behavior reveals a concerning reality about our judicial institutions, becoming a stage for what can be…

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Virginia Voting Rights Dispute: Challenging Felon Disenfranchisement and the 1870 Statute

Virginia, in a move that reflects on a contentious point of its labyrinthine legal history, filed for a dismissal of a lawsuit that alleges it denies voting rights to certain categories of felons, thereby contradicting an 1870 statute. The plaintiffs comprise four individual complainants and an advocacy group dedicated to serving previously detained individuals. The…

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Justice Anita Earls Fights for Free Speech in Suit Against Judicial Standards Commission

North Carolina Supreme Court Associate Justice Anita S. Earls took legal steps accusing the state’s Judicial Standards Commission of violating her constitutional right to engage in political speech. Earls outlined this assertion in a lawsuit filed on Tuesday, where she argues against the commission’s investigation into her remarks concerning a lack of diversity within the…

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California Sues School District Over Policy Threatening Transgender Students’ Privacy Rights

The California state government has filed a lawsuit against a local school district, contesting a policy that requires school staff to communicate with parents if a student wishes to be recognized by a different name or pronoun, effectively “outing” transgender students. The contentious policy is being challenged for its constitutional viability, igniting a debate regarding…

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ECHR Ruling Urges Bosnian Electoral Reform Amid Undemocratic Practices and Ethnic Divisions

The European Court of Human Rights (ECHR) has recently ruled that Bosnia and Herzegovina’s political system allows for undemocratic elections and encourages ethnic divisions. The decision highlights that dominant ethnic groups, including Bosniacs, Croats, and Serbs, have privileges not available to other ethnic groups. The Court held in the case of Kovačević v Bosnia and…

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Florida’s Stop-W.O.K.E. Law Debated in Eleventh Circuit Court: Impact on Civil Liberties and Corporate Compliance

On August 24, 2023, the Florida’s Individual Freedom Act (IFA), often referred to as the “Stop-W.O.K.E.” law, found itself under judicial scrutiny again – being deliberated by a three-judge panel from the U.S. Court of Appeals for the Eleventh Circuit Court. The court heard arguments over whether to dissolve a previously enacted injunction that had…

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Roosevelt, Powell, and the Supreme Court: Shaping Securities Law through Presidential Influence

The relationship between a president and a justice can significantly impact the course of law within a country. This fascinating dynamic is evident through the examination of securities law at the Supreme Court, largely shaped by President Franklin Delano Roosevelt and Justice Lewis Powell. When we consider the pivotal work of the Supreme Court, constitutional…

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Montana Climate Ruling Bolsters Case for Green Amendments in State Constitutions

Legal professionals and industry insiders worldwide are taking note of a recent climate ruling from Montana that may provide a precedent for ‘green amendments’ in state constitutions. Montana youth activists claimed the first-ever victory in a US climate case to make it to trial, largely due to the environmental provisions entrenched in the state’s constitution….

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ABA President Calls for Legal Profession’s Commitment to Diversity After SCOTUS Ruling

Following the U.S. Supreme Court’s ruling against race-conscious admissions policies at Harvard and the University of North Carolina deemed unconstitutional, the American Bar Association (ABA) has responded regarding their approach to diversity within the profession. Mary L. Smith, who noted history by becoming the ABA’s first Native American female president on August 8, issued a…

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Evolving Role of Solicitor General in Supreme Court Dynamics Under Prelogar’s Leadership

Following the U.S. Supreme Court’s summer recess, the office of U.S. Solicitor General has surprisingly remained active. Considered a traditionally quiet period for the Solicitor General’s office as the Justices embark on speeches, teaching roles, and vacations, this time has witnessed a whirlwind of activities under the leadership of U.S. Solicitor General Elizabeth Prelogar. In…

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Can Trump’s Name Legally Appear on Ballots? Originalist Interpretation of 14th Amendment Ignites Debate

Legal scholars Baude and Paulsen have stirred quite a debate with their argument that former President Donald Trump is ineligible to hold the presidency again according to Section Three of the Fourteenth Amendment. This incisive interpretation of constitutional law, seen through an originalist lens, has struck a chord with thinkers from both ends of the…

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Texas Judge Temporarily Blocks Legislation Banning Gender-Affirming Care for Minors

Texas District Court Judge Maria Cantú Hexsel temporarily blocked SB 14, a recently passed legislation which prohibits gender-affirming care for minors and imposes restrictions on children already on gender-affirming prescription drugs. The injunction was issued before the law could have taken effect on Friday in Travis County, Texas. The American Civil Liberties Union (ACLU) of…

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South Carolina Abortion Providers Seek Clarification on Fetal Heartbeat Definition in Controversial Law

Leading abortion providers, alongside Planned Parenthood South Atlantic, two physicians, and Greenville Women’s Clinic have filed a petition imploring the Supreme Court of South Carolina to reassess its decision to support a rigorous state law that prohibits abortions past six weeks of gestation. This plea was filed following a day after the court reached a…

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Montana Law Bans TikTok, Ignites Debate on Digital Privacy and State Surveillance

Montana Attorney General, Austin Knudsen, is mounting a defensive campaign in support of a recently enacted Montana statute. This new state law places significant restrictions on TikTok, the popular social media platform, irrespective of its wide recognition for its entertaining short-form videos cherished across the globe. The law specifically obstructs TikTok’s operation within the state,…

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EU Urges Transparency and Inclusivity in Central African Republic’s Democratic Process

The European Union (EU) has called for more inclusive democratic procedures in the Central African Republic (CAR) in the wake of a contentious constitutional referendum that led to the extension of presidential term limits. The EU’s foreign affairs spokesman, Peter Stano, took note of the referendum’s results, expressed concern about the ongoing political polarization in…

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