Nina Totenberg

Srinivasan's Confirmation First For D.C. Circuit In 7 Years

Nina Totenberg — Thu, 23 May 2013 22:40:00 +0000

For the first time in seven years, the U.S. Senate has confirmed a judge to sit on the important federal appeals court for the District of Columbia. The Senate unanimously confirmed Deputy Solicitor General Sri Srinivasan on Thursday for the seat previously held by Supreme Court Chief Justice John Roberts.

Srinivasan was confirmed because he had huge bipartisan support in the legal community and because he served in both the Bush and Obama administrations, while having no record in partisan politics.

Justice Sotomayor Takes Swing At Famed Baseball Case

Nina Totenberg — Thu, 23 May 2013 21:23:00 +0000

Supreme Court Justice Sonia Sotomayor's wicked, waggish sense of humor — and knowledge of baseball — were on full display Wednesday, when she presided over a re-enactment of Flood v. Kuhn, the 1972 case that unsuccessfully challenged baseball's antitrust exemption.

The event, put on by the Supreme Court Historical Society, took place in the court chamber, and as Sotomayor took her place at the center of the bench, normally the chief justice's chair, she remarked puckishly, "This is the first time I've sat here.

Supreme Court Sides With Monsanto In Seed Patent Case

Nina Totenberg — Mon, 13 May 2013 22:47:00 +0000

The U.S. Supreme Court ruled unanimously Monday that when farmers use patented seed for more than one planting in violation of their licensing agreements, they are liable for damages.

Billed as David vs. Goliath, the case pitted an Indiana farmer against the agribusiness behemoth Monsanto.

Almost all the soybean farmers in the U.S. use seed that is genetically altered to be resistant to weed killers like Roundup. That allows farmers to spray for weeds without killing the soybeans.

'Show Boat' Steams On, Eternally American

Nina Totenberg — Tue, 07 May 2013 21:37:00 +0000

It's been more than eight decades since Show Boat -- the seminal masterpiece of the American musical theater — premiered on a stage in Washington, D.C. Now the sprawling classic is back, in a lush production put on by the Washington National Opera.

Based on Edna Ferber's epic best-selling novel, Show Boat was nothing like the frothy musicals and scantily clad Broadway revues of its time.

Justices Say U.S. Improperly Deported Man Over Marijuana

Nina Totenberg — Tue, 23 Apr 2013 21:27:00 +0000

The U.S. Supreme Court has ruled that a longtime legal resident of the United States was improperly deported for possession of a small amount of marijuana. By a 7-2 vote, the justices said that it defies common sense to treat an offense like this as an "aggravated felony" justifying mandatory deportation.

Adrian Moncrieffe immigrated with his parents to the United States from Jamaica in 1984. He was 3 years old at the time. He and his family were all legal residents.

Supreme Court Backs Warrants For Blood Tests In DUI Cases

Nina Totenberg — Wed, 17 Apr 2013 23:10:00 +0000

The U.S. Supreme Court has ruled that police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test. The vote was 8-to-1, with Justice Clarence Thomas the lone dissenter.

Tyler McNeely was pulled over late at night after a state trooper observed him driving erratically. When McNeely refused to take a Breathalyzer test, the officer drove him to a local hospital and ordered blood drawn for an alcohol test.

Adoption Case Brings Rare Family Law Dispute To High Court

Nina Totenberg — Tue, 16 Apr 2013 07:52:00 +0000

Take the usual agony of an adoption dispute. Add in the disgraceful U.S. history of ripping Indian children from their Native American families. Mix in a dose of initial fatherly abandonment. And there you have it — a poisonous and painful legal cocktail that goes before the U.S. Supreme Court on Tuesday.

At issue is the reach of the Indian Child Welfare Act, known as ICWA.

Supreme Court Asks: Can Human Genes Be Patented?

Nina Totenberg — Mon, 15 Apr 2013 07:01:00 +0000

Same-sex marriage got huge headlines at the Supreme Court last month, but in the world of science and medicine, the case being argued on Monday is far more important. The lawsuit deals with a truly 21st century issue — whether human genes may be patented.

Myriad Genetics, a Utah biotechnology company, discovered and isolated two genes — BRCA 1 and BRCA 2 — that are highly associated with hereditary breast and ovarian cancer. Myriad patented its discovery, giving it a 20-year monopoly over use of the genes for research, diagnostics and treatment.

Supreme Court Notes: Bugs, Pumps And Stolen Credit Card Numbers

Nina Totenberg — Thu, 28 Mar 2013 22:52:00 +0000

NPR's Legal Affairs Correspondent Nina Totenberg sends us some odds and ends from a very momentous week in the Supreme Court.

Hear all that sneezing, wheezing, coughing, and nose blowing during this week's same-sex oral arguments at the U.S. Supreme Court?

That was Justice Antonin Scalia, apparently sick as a dog but reporting for duty nonetheless. Last week it was Justice Sonia Sotomayor who looked like hell and was sniffling her way through oral arguments.

Justices Cast Doubt On Federal Defense Of Marriage Act

Nina Totenberg — Wed, 27 Mar 2013 23:52:00 +0000

In the wake of the Supreme Court arguments Wednesday on the Defense of Marriage Act, same-sex marriage supporters have reason to be optimistic. Known as DOMA, the law bars federal benefits for legally married same-sex couples, even though those same benefits are automatically given to heterosexual married couples.

The second same-sex marriage case to be argued in as many days, the DOMA challenge was brought by Edith Windsor, whose marriage to Thea Spyer was legal in New York.

Justice Kennedy May Be Deciding Vote In Defense Of Marriage Act Case

Nina Totenberg — Wed, 27 Mar 2013 21:58:00 +0000

The Supreme Court heard oral arguments Wednesday in a case challenging whether the 1996 Defense of Marriage Act (DOMA) means the federal government can deny marriage benefits to same sex couples in states that allow gay marriage. Same-sex couples had reason to be optimistic afterward. Assuming the court can overcome procedural concerns, it looked as if a majority of justices was ready to strike down DOMA.

DOMA Challenge Tests Federal Definition Of Marriage

Nina Totenberg — Tue, 26 Mar 2013 23:49:00 +0000

After weeks and months of public debate and speculation about the legal fate of same-sex marriage, the second round of arguments takes place at the U.S.

At Arguments, Supreme Court Takes Halting Steps Into Gay Marriage Issue

Nina Totenberg — Tue, 26 Mar 2013 23:33:00 +0000

At the U.S. Supreme Court on Tuesday, the moment had finally arrived. After four years of litigation in the lower courts, the Supreme Court was hearing a challenge to California's ban on same-sex marriage. But minutes into oral arguments, it became clear that the justices may not give either side the clear-cut victory it wants.

All eyes were on Justice Anthony Kennedy, widely viewed as a swing vote and very possibly the deciding vote in the case, but he seemed reticent about the court dealing with the California case at all.

In First Of 2 Gay-Marriage Cases, Court Turns To Proposition 8

Nina Totenberg — Mon, 25 Mar 2013 23:39:00 +0000

Outside the Supreme Court, lines began forming nearly a week ago. By Monday, the line had snaked down the court steps and to the corner, with people braving freezing temperatures and snow in anticipation of the historic arguments on same-sex marriage on Tuesday and Wednesday.

The justices are first hearing a constitutional challenge to California's ban on same-sex marriage.

Supreme Court To Examine State Ban On Affirmative Action

Nina Totenberg — Mon, 25 Mar 2013 21:12:00 +0000

As the national spotlight turns to the U.S. Supreme Court this week with two historic arguments on same-sex marriage, the court on Monday made headlines on another high-profile issue: affirmative action.

Just 10 years ago a narrow court majority upheld affirmative action programs in higher education in an opinion written by Justice Sandra Day O'Connor.

Supreme Court Hears 'Pay To Delay' Pharmaceutical Case

Nina Totenberg — Mon, 25 Mar 2013 07:15:00 +0000

The U.S. Supreme Court hears arguments Monday in a case worth billions of dollars to pharmaceutical companies and American consumers. The issue is whether brand-name drug manufacturers may pay generic drug manufacturers to keep generics off the market. These payments — a form of settlement in patent litigation — began to blossom about a decade ago when the courts, for the first time, appeared to bless them.

Consumer advocates, health care organizations and retail outlets call these payments "pay to delay." The drugmakers hate that term and have a different name.

Former Bush Aide Pushes 'Conservative Case' For Gay Marriage

Nina Totenberg — Sun, 24 Mar 2013 09:33:00 +0000

One hundred thirty-one prominent Republicans have signed a pro-same-sex marriage legal brief that is clearly at odds with the House GOP leadership and the party's platform in the most recent election. Because of the prominence of the signers, the brief stands out among the more than 150 friend-of-the-court briefs filed in two same-sex marriage cases to be argued at the U.S. Supreme Court this week.

The man who rounded up the group is Ken Mehlman, the former political director for the George W.

Meet The 83-Year-Old Taking On The U.S. Over Same-Sex Marriage

Nina Totenberg — Thu, 21 Mar 2013 20:37:00 +0000

The tiny dynamo asking the U.S. Supreme Court to turn the world upside down looks nothing like a fearless pioneer. At age 83, Edith Windsor dresses in classic, tailored clothes, usually with a long string of pearls, and she sports a well-coiffed, shoulder-length flip. She looks, for all the world, like a proper New York City lady.

Proper she may be, and a lady, but Windsor, who likes to be called Edie, is making history, challenging the federal Defense of Marriage Act, known as DOMA.

Supreme Court OKs Discounted Resale Of 'Gray Market' Goods

Nina Totenberg — Tue, 19 Mar 2013 19:46:00 +0000

The Supreme Court ruled on Tuesday that U.S. companies that make and sell products abroad cannot prevent those items from being resold in the U.S.

The 6-3 decision — likely worth billions, even trillions of dollars — could have repercussions that extend from U.S. trade policy to local yard sales.

The case involves a part of the copyright law that was aimed at so-called gray market goods. These are U.S.

High Court Case Tests Meaning Of Voter Registration Law

Nina Totenberg — Mon, 18 Mar 2013 21:02:00 +0000

The U.S. Supreme Court heard arguments Monday in a case that seeks to redefine a federal law aimed at streamlining the nation's voter registration process.

Congress enacted the law 20 years ago after it found that 40 percent of eligible voters were not registered to vote. Under the 1993 National Voter Registration Act, people can register by mail to vote in federal elections using a standard federal form. The form, among other things, asks prospective voters whether they are U.S.