Supreme Court Rules on ObamaCare

Interesting conclusion to Scalia’s dissent:

We should start calling this law SCOTUScare.
Perhaps the Patient Protection and Affordable Care Act will attain the enduring status of the Social Security Act or the Taft-Hartley Act; perhaps not. But this Court’s two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed (“penalty” means tax, “further [Medicaid] payments to the State” means only incremental Medicaid payments to the State, “established by the State”means not established by the State) will be cited by litigants endlessly, to the confusion of honest jurisprudence.  And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.


Judge Larry Roberts’ Retirement Ceremony

There will be a retirement ceremony and reception for Court of Appeals Judge Larry Roberts on Thursday June 25th at 2:30.  It will be held in the COA Courtroom on the First Floor of the Carroll Gartin Justice Building.

Condolences to the Family of Rep. Roger Ishee

I want to express my sympathy and condolences to the family of former Representative Roger Ishee.  Mr. Ishee was a gentleman in the truest sense of the word.  I enjoyed getting to know him.  Mr. Ishee was a guiding influence of two excellent lawyers, Roger Ishee and Judge David Ishee.  My thoughts and prayers are with you.

Appellate CLE Next Week

Next Friday, June 19th, the Appellate Section of The Mississippi Bar is hosting a CLE event.

This is the agenda:

8:00 – 8:30 Registration Check-in and Breakfast

8:30 – 9:30 Ethics Hour – Luther T. Munford, Butler Snow, LLP

9:30 – 10:30 Behind the Scenes of the Mississippi Appellate Courts – Muriel B. Ellis, Mississippi Supreme Court; Robert E. Nations, Jr., Director, Central Legal; Gabe Goza, Central Legal

10:45 – 11:45 The Nuts and Bolts of the United States Court of Appeals for the Fifth Circuit – Lyle W. Cayce, Clerk of Court; Michael E. Schneider, Senior Staff Attorney

11:45 – 12:30 Lunch Provided

12:30 – 1:30 Keynote Speaker – Judge James E. Graves, Jr., United States Court of Appeals for the Fifth Circuit

1:45 – 2:45 Justices and Judges of the Mississippi Appellate Courts – Chief Justice William L. (Bill) Waller, Jr.; Presiding Justice Michael K. Randolph; Associate Justice Josiah P. Coleman; Chief Judge L. Joseph Lee; Presiding Judge T. Kenneth Griffis; Judge James D. Maxwell II

2:45 – 3:45 Voices of Experience: A Panel of Practitioners Reflect on Their Best Arguments – Edward Blackmon, Jr., Blackmon & Blackmon, PLLC; W. Wayne Drinkwater, Bradley Arant Boult Cummings, LLP; Donna Brown Jacobs, Butler Snow, LLP; Alison Steiner, Office of State Public Defender, Capital Defense Division; Jim Waide, Waide & Associates, P.A.

4:00 – 5:00 Happy Hour at George Street

In my opinion, having Wayne Drinkwater and Jim Waide on the same panel would be worth the cost of admission.

Supreme Court Oral Argument Schedule – June

June 2015

Tuesday, June 9, 2015 – 10:00 a.m.
2015-CA-00605-SCT Legislature of the State of Mississippi v. Adrian Shipman and Mississippi Attorney General’s Office

Monday, June 15, 2015 – 1:30 p.m.
2014-CA-00582-SCT Randy Braswell d/b/a Worldwide Companies v. Ergon Oil Purchasing, Inc.

Monday, June 22, 2015 – 1:30 p.m.
2014-KA-00311-SCT Samuel Allen Nuckolls a/k/a Sammy Nuckolls a/k/a Sam Allen Nuckolls a/k/a Sam Nuckolls a/k/a Samuel Nuckolls a/k/a Samuel A. Nuckolls v. State of Mississippi

Tuesday, June 23, 2015 – 10:30 a.m.
2014-DR-01305-SCT Eddie Lee Howard, Jr. v. State of Mississippi

Monday, June 29, 2015 – 10:30 a.m.
2012-CA-01610-SCT In the Matter of Mississippi Medicaid Pharmaceutical Average Wholesale Price Litigation: Sandoz, Inc. v. State of Mississippi

Tuesday, June 30, 2015 – 10:00 a.m.
2014-CA-00579-SCT Randy William s, Gary Mathis, Larry Jam es Mitchell, Rayford Jam es William s, Terry T. Roberts, Earnest Weathersby, Charles Gatlin, Ava C. Fox, Curtis Harville, Willie Ben William s, Jr., Chester Gregory Hopson, Vincent Jerod Holloway, Jam e s A. Griggs, Demetrius R. Givens, Willie Jam es Marshall, Curtis Lee Hill and Larry O’Neal William s v. Clark Sand Company, Inc.