Monday, December 15, 2014

Supreme Court Opinions: Traffic stops, Class Action Suits, Abortion/ Climate Change



Missoulian: Court: Traffic stop OK despite mistake of law
Heien v. North Carolina
Following a suspicious vehicle, Sergeant Matt Darisse noticed that only one of the vehicle’s brake lights  was working and pulled the driver  over. While issuing a warning tick et for the broken brake light, Darisse became suspicious of the actions of the two occupants and their answers to his questions. Petitioner Nicholas Brady Heien, the car’s owner, gave Darisse consent to search the vehicle. Darisse found cocaine, and Heien was arrested and charged with attempted trafficking. The trial court denied Heien’s motion to suppress the seized evidence on Fourth Amendment grounds, concluding that the vehicle’s faulty brake light gave Darisse reasonable suspicion to initiate the  stop.
Missoulian: Court rules for energy firm in class-action suit Dart Cherokee Basin Operating Co. v. Owens
“This Court concludes that no jurisdictional barrier impedes settlement of the question presented: whether evidence supporting the amount in controversy must be included in a notice of removal. The case was “in” the Tenth Circuit because of Dart’s application for leave to appeal, and the Court has jurisdiction to review what the Court of Appeals did with that application.”
Missoulian: Justices reject Arizona bid over abortion drugs
Isaacson v. Horne - Court of Appeals - 9th Circuit
“The panel held that under controlling Supreme Court precedent, Arizona may not deprive a woman of the choice to terminate her pregnancy at any point prior to viability . The panel held that Arizona House B ill 2036, enacted in April 2012, effects such a deprivation by prohibiting abortion from twenty weeks gestational ag e through fetal viability . The panel held that the twenty -week law is therefore unconstitutional under a n unbroken stream of Supreme Court authority , beg inning with Roe v. Wade , 410 U.S. 113 (1973), and e n d i n g with Gonzales v. Carhart , 550 U.S. 124 (2007).” 

“This paper uses annual variation in temperature and precipitation over the past 50 years to examine the impact of climatic changes on economic activity throughout the world. We find three primary results. First, higher temperatures substantially reduce economic growth in poor countries but have little effect in rich countries. Second, higher temperatures appear to reduce growth rates in poor countries, rather than just the level of output. Third, higher temperatures have wide-ranging effects in poor nations, reducing agricultural output, industrial output, and aggregate investment, and increasing political instability. Analysis of decade or longer climate shifts also shows substantial negative effects on growth in poor countries. Should future impacts of climate change mirror these historical effects, the negative impact on poor countries may be substantial.”

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