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Massachusetts V. United States Department Of Health And Human Services
''Commonwealth of Massachusetts v. United States Department of Health and Human Services'' 682 F.3d 1 is a United States Court of Appeals for the First Circuit decision that affirmed the judgment of the District Court for the District of Massachusetts in a lawsuit challenging the constitutionality of section 3 of the Defense of Marriage Act (DOMA), the section that defines the terms "marriage" as "a legal union between one man and one woman as husband and wife" and "spouse" as "a person of the opposite sex who is a husband or a wife." Both courts found DOMA to be unconstitutional, though for different reasons. The trial court held that DOMA violates the Tenth Amendment and Spending Clause. In a companion case, ''Gill v. Office of Personnel Management'', the same judge held that DOMA violates the Equal Protection Clause. On May 31, 2012, the First Circuit held the act violates the Equal Protection Clause, while federalism concerns affect the equal protection analysis, DOMA does not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The First Circuit
The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Maine * District of Massachusetts * District of New Hampshire * District of Puerto Rico * District of Rhode Island The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts. Most sittings are held in Boston, where the court usually sits for one week most months of the year; in one of July or August, it takes a summer break and does not sit. The First Circuit also sits for one week each March and November at the Jose V. Toledo Federal Building and United States Courthouse in Old San Juan, Puerto Rico, and occasionally sits at other locations within the circuit. With six active judges and four active senior judges, the First Circuit has the fewest judges of any of the thirteen United States courts of appeals. Since retiring from the Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2010 In LGBT Rights
This is a list of notable events in the history of LGBT rights that took place in the year 2010. Events February * 2 – The United States Tax Court ruled in '' O'Donnabhain v. Commissioner'' that taxpayers may deduct the medical costs associated with treating gender identity disorder from their federal income taxes. March *1 – Crime Decree 2009 decriminalises in Fiji. Fiji became the first Pacific Island country to formally decriminalise homosexuality. * 2 – The European Court of Human Rights ruled unanimously against "a blanket exclusion of persons living in a homosexual relationship from succession to a tenancy" in ''Kozak v. Poland''. * 4 – Mexico City's same-sex marriage and adoption laws come into effect. This follows 22 couples' taking part in a symbolic marriage ceremony in Tlaxcala on February 26 to highlight the issue. * 9 – The first same-sex marriages are performed in the District of Columbia, with licenses having been available sin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bipartisan Legal Advisory Group
The Bipartisan Legal Advisory Group (BLAG) has been a standing body of the U.S. House of Representatives since 1993 that directs the activities of the . BLAG can direct the General Counsel to participate in litigation or file an ''amicus curiae'' brief in cases involving the interests of the House or BLAG can call for legislation or a House resolution authorizing the General Counsel to represent the House itself. BLAG comprises five members of House leadership: * The Speaker * Majority leader * Minority leader * Majority whip * Minority whip The House Office of General Counsel evolved from a low-level position that handled routine contracts. In the mid-1970s Speaker Tip O'Neil authorized it to handle constitutional questions, though it remained under the supervision of the House Clerk. The House authorized the Speaker to intervene in '' Chadha v. INS'', and after that lawsuit's resolution in 1983 the five members of the House leadership, without authorization from the House, est ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Taxing And Spending Clause
The Taxing and Spending Clause (which contains provisions known as the General Welfare Clause and the Uniformity Clause), Article I, Section 8, Clause 1 of the United States Constitution, grants the federal government of the United States its power of taxation. While authorizing Congress to levy taxes, this clause permits the levying of taxes for two purposes only: to pay the debts of the United States, and to provide for the common defense and general welfare of the United States. Taken together, these purposes have traditionally been held to imply and to constitute the federal government's taxing and spending power. The text of the constitution reads thus: Background One of the most often claimed defects of the Articles of Confederation was its lack of a grant to the central government of the power to lay and collect taxes. Under the Articles, Congress was forced to rely on requisitions upon the governments of its member states. Without the power to independently raise i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maura Healey
Maura Tracy Healey (born February 8, 1971) is an American politician and lawyer serving as the Massachusetts Attorney General since January 2015. She is the governor-elect of Massachusetts, having won the 2022 Massachusetts gubernatorial election on November 8, 2022. She is a member of the Democratic Party. Hired by Massachusetts Attorney General Martha Coakley in 2007, Healey served as chief of the Civil Rights Division, where she spearheaded the state's challenge to the federal Defense of Marriage Act. She was then appointed chief of the Public Protection and Advocacy Bureau and then chief of the Business and Labor Bureau before resigning in 2013 to run for attorney general in 2014. She defeated former State Senator Warren Tolman in the Democratic primary and then defeated Republican attorney John Miller in the general election. Healey was reelected in 2018. Upon taking office, she became the first openly lesbian woman and first openly LGBT person elected attorney general ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Louis Tauro
Joseph Louis Tauro (; September 26, 1931 – November 30, 2018) was a United States district judge of the United States District Court for the District of Massachusetts. He was the son of the late Massachusetts Chief Justice G. Joseph Tauro. Education and career Born in Winchester, Massachusetts, in 1931, Tauro received an Artium Baccalaureus degree from Brown University in 1953 and a Bachelor of Laws from Cornell Law School in 1956. He was a First Lieutenant in the United States Army from 1956 to 1958, and was an Assistant United States Attorney for the District of Massachusetts from 1959 to 1960. He was in private practice in Boston and Lynn, Massachusetts from 1960 to 1971. He was a chief legal counsel to the Governor of Massachusetts, John A. Volpe, from 1965 to 1968. He was the United States Attorney for the District of Massachusetts in 1972. Federal judicial service On September 12, 1972, Tauro was nominated by President Richard Nixon to a seat on the United States Dis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Martha Coakley
Martha Mary Coakley (born July 14, 1953) is an American lobbyist and lawyer who served as Attorney General of Massachusetts from 2007 to 2015. Prior to serving as Attorney General, she was District Attorney of Middlesex County from 1999 to 2007. Coakley was the Democratic nominee in the 2010 special election to fill the United States Senate seat long held by Ted Kennedy (and held in the interim by Paul G. Kirk). Coakley was defeated 52% to 47% by Republican Scott Brown in what was widely considered an upset. She won reelection as Attorney General in the 2010 general election. Coakley was the Democratic nominee for governor in 2014 but lost to Republican Charlie Baker. Coakley was a lobbyist for the e-cigarette company Juul until June of 2022. Early life Coakley was born in Pittsfield, Massachusetts, to Edward J. and Phyllis E. Coakley. Her father was a World War II veteran, Korean War veteran, and small business owner. Her mother was a homemaker. When Coakley was one year o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stay Of Execution
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not always mean the death penalty. It refers to the imposition of whatever judgment is being stayed and is similar to an injunction. A stay can be granted automatically by operation of law or by order of a court, either following a motion or by agreement of the parties. If a party appeals a decision, any judgment issued by the original court may be stayed until the appeal is resolved. Death penalty stays In cases that the death penalty has been imposed, a stay of execution is often sought to defer the execution of the convicted person. That may occur if new evidence is discovered to exonerate the convicted person or in attempts to have the sentence commuted to life imprisonment. In the United States, all death sentences are automatically stayed pending a direct review by an appeals court. If the death sentence is found to have been legally ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutionality
Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country in question has a mechanism for challenging laws as unconstitutional. Applicability An act or statute enacted as law either by a national legislature or by a subordinate-level legislature such as that of a state or province may be declared unconstitutional. However, governments do not only create laws but also enforce the laws set forth in the document defining the government, which is the constitution. When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Depending on th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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