The Supreme Court’s October 2013 Term concluded yesterday, so now it’s time to take a look at how our beloved Tenth Circuit fared. The answer is “pretty well.” The Supreme Court reviewed four cases from the Tenth Circuit, affirming two … Continue reading
This morning the Tenth Circuit issued its much-anticipated decision in Kitchen v. Herbert, affirming the decision of a federal district court striking down Utah’s marriage law, which restricted marriage to one man and one woman, and holding that the United … Continue reading
For your weekend pleasure reading, I recommend the Tenth Circuit’s decision this week in United States v. Hill, a case that raises the question “What were they all thinking?” At Stanley Hill’s trial on criminal charges arising from his alleged involvement in … Continue reading
The federal district court in Utah found that J. Hoyt Stephenson was a resident of Utah, and therefore dismissed his counterclaims and third-party claims against a number of other Utah residents. Mr. Stephenson then incorporated National Fitness Holdings, Inc. in … Continue reading
The saga of the Reese family, who owned a gun store in Deming, New Mexico, has become something of a cause célèbre among Second Amendment advocates. They were charged with conspiracy, aiding and abetting straw purchases of firearms, gun smuggling, … Continue reading
Today the Senate voted 98-0 to confirm Utah Court of Appeals Judge Carolyn McHugh to the Tenth Circuit. Thomas Burr has this story about today’s events in the Salt Lake Tribune. For my previous posts on Judge McHugh’s nomination, please see … Continue reading
According to this report by Thomas Burr in the Salt Lake Tribune, the Senate is likely to confirm Judge Carolyn McHugh of the Utah Court of Appeals to the Tenth Circuit. You can read my previous posts about President Obama’s … Continue reading
The Guarantee Clause (or “Guaranty” Clause) is located in Article IV, Section 4, and provides that “The United States shall guarantee to every State in this Union a Republican Form of Government….” It’s one of those clauses of the Constitution that … Continue reading
New Mexico’s appellate courts have held that arbitration agreements are unconscionable if they allow one party to bring its most likely claims in court, while requiring the other party to bring its most likely claims in arbitration. This view is reflected … Continue reading
As you may be aware, the Tenth Circuit recently denied the application to stay application of the Obama Administration’s contraceptive mandate filed by the Little Sisters of the Poor, but Justice Sotomayor granted the Little Sisters’ application. Since then, however, … Continue reading
