Monday, October 3, 2016

From the Washington Post: Courts & Law Supreme Court declines to hear immigration and Redskins cases

Sometimes the court makes a decision by choosing to not make a decision - and deferring to the lower courts.

- Click here for the article.

The Supreme Court will not reconsider President Obama’s plan to shield undocumented immigrants from deportation and denied the Washington Redskins’ bid to get its trademark case on this term’s docket.
With oral arguments postponed for a day because of the Rosh Hashana Jewish holiday, the first Monday in October that marks the beginning of the new Supreme Court term became a day of rejection. The court issued a thick stack of cases that had accumulated over the summer that the justices decided not to hear.
Among the other losers: the NCAA, which had asked the court to review an appeals court ruling about its policies involving the amateur status of college football and basketball players. The issue remains alive in other court proceedings.
The administration’s request was a long shot bid to salvage what had been the biggest legal defeat of Obama’s presidency. In June, a deadlocked court failed to revive his stalled plan to shield millions of undocumented immigrants from deportation and give them the right to work legally in the United States.
The justices’ votes at the time were not announced, but the court’s liberals and conservatives were split at oral argument last spring. The tie meant that a lower court’s decision that Obama probably exceeded his powers in issuing the executive action kept the plan from being implemented.
. . . The Washington football team’s request was something of a Hail Mary pass, as well. The club’s decades-old registration of its iconic nickname was canceled by the U.S. Patent and Trade Office, which said it violated the ban on disparaging trademarks.
But the team has appealed that and a lower court’s agreement to the U.S. Court of Appeals for the 4th Circuit. The Supreme Court does not usually grant cases before proceedings in the lower court are completed.| 
The issue, though, will be covered in the court’s current term. The justices last week said it would consider the similar case of an Asian American rock band called The Slants who were denied trademark registration.
A majority of the U.S. Court of Appeals for the Federal Circuit said the law — which calls for the rejection of trademarks that “may disparage . . . persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute”-- violates the First Amendment’s free speech guarantee.

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