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SCOTUS takes Arizona immigration case, 7th Circuit bankruptcy case

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The Supreme Court of the United States has accepted several cases, including the high-profile Arizona immigration lawsuit and a bankruptcy case from the 7th Circuit Court of Appeals.

In an order list released Monday, the nation’s highest court granted certiorari in the case of Arizona v. U.S., No. 11-182, a lawsuit challenging the constitutionality of Arizona’s immigration-focused Senate Bill 1070. The 9th Circuit Court of Appeals upheld the decision last year by U.S. Judge Susan Bolt to halt several key parts of the law from taking effect in 2010. Several states, including Indiana, have enacted “immigration reform” laws in recent years.

The SCOTUS also accepted the 7th Circuit’s case RadLAX Gateway Hotel, LLC v. Amalgamated Bank, No. 11-166, which comes from the Illinois bankruptcy court and poses the question: Can a debtor pursue a Chapter 11 plan that proposes to sell assets free of liens without allowing the secured creditor to credit bid, but instead providing it with the indubitable equivalent of its claim under Section 1129(b)(2)(A)(iii) of the Bankruptcy Code?

Also on Monday, the justices issued a per curiam opinion in a 7th Circuit case that has been pending on certiorari review for three months. In Hardy v. Cross, No. 11-74, the justices summarily reversed the 7th Circuit on a habeas corpus case. The justices held the lower court’s ruling overturning a decision of an Illinois state court was inconsistent with the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. Section 2254, which “imposes a highly deferential standard for evaluating state-court rulings and demands that state-court decisions be given the benefit of the doubt.”

 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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