Why the Biden Administration Was Right Earlier This Week to Change Course in the Obamacare Challenge Pending Before the Court

VIKRAM DAVID AMAR

Illinois Law Dean Vikram David Amar comments on an unusual move by the U.S. Solicitor General’s office, sending a letter to the U.S. Supreme Court amending the position of the federal government in a case currently pending before the Court challenging the Affordable Care Act. Dean Amar explains why the arrival of a new administration should generally not trigger such position reversals, but he argues that the unusual circumstances—specifically the “exceptional implausibility” of the government’s prior filings—may justify the government’s action in this instance.

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People v. Duval

Citation: 2021 NY Slip Op 00896

Opinion Date: February 11, 2021

Judge: Wilson

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Court of Appeals affirmed the order of the Appellate Division upholding the denial of Defendant's suppression motion, holding that the search warrant in this case was facially valid and that Defendant's challenge to the execution of the search warrant was unpreserved for appellate review. Police officers searched Defendant's residence pursuant to a search warrant and recovered, among other things, a handgun and ammunition. Defendant filed a motion to suppress, arguing that the warrant was invalid because it did not meet the constitutional requirements of particularity. The motion court denied Defendant's suppression motion. Defendant then pleaded guilty to third-degree criminal possession of a weapon. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the motion court did not abuse its discretion in denying suppression without holding an evidentiary hearing.

Doe v. Bloomberg, L.P.

Citation: 2021 NY Slip Op 00898

Opinion Date: February 11, 2021

Judge: Garcia

Areas of Law: Civil Rights, Labor & Employment Law

The Court of Appeals affirmed the dismissal of Plaintiff's claims that sought to hold Michael Bloomberg vicariously liable for Nicholas Ferris's offending conduct, holding that Bloomberg was not an "employer" within the meaning of the New York City Human Rights Law (City HRL). Plaintiff brought this action against her employer Bloomberg L.P., her supervisor Ferris, and Michael Bloomberg, bringing several claims arising from her alleged discrimination, sexual harassment, and sexual abuse. At issue was whether Bloomberg, in addition to Bloomberg L.P., could be held vicariously liable based on his status as owner and officer of the company. Supreme Court denied Bloomberg's motion to dismiss. The Appellate Division reversed and dismissed the causes of action against Bloomberg. The Court of Appeals affirmed, holding that Plaintiff failed to allege that Bloomberg was her employer for purposes of liability under the City HRL.

People v. Badji

Citation: 2021 NY Slip Op 00897

Opinion Date: February 11, 2021

Judge: DiFiore

Areas of Law: Criminal Law

The Court of Appeals held that the definition of credit card in N.Y. Gen. Bus. Law 511(1), as supplemented by N.Y. Gen. Bus. Law 511-a, is the controlling definition as designated by N.Y. Penal Law 155.00(7) and, as a result, the evidence was sufficient to support Defendant's conviction of grand larceny for stealing an intangible credit card account number. Defendant's conviction of grand larceny in the fourth degree was based on Defendant's theft of the victim's credit card account number to purchase goods. During trial, there was no evidence that Defendant possessed the physical card itself. At issue was whether the People needed to prove that Defendant physically possessed the tangible credit card in order to support his conviction of grand larceny based upon credit card theft. The issue turned on the definition of credit card for purposes of N.Y. Penal Law 155.00(7) and whether that definition includes the credit card account number. The Court of Appeals affirmed Defendant's conviction, holding that, under the Penal Law, theft of a tangible card is not a necessary element of fourth-degree grand larceny.