Nina Totenberg

Justices Say U.S. Improperly Deported Man Over Marijuana

Nina Totenberg — Tue, 23 Apr 2013 21:27:00 +0000

The U.S. Supreme Court has ruled that a longtime legal resident of the United States was improperly deported for possession of a small amount of marijuana. By a 7-2 vote, the justices said that it defies common sense to treat an offense like this as an "aggravated felony" justifying mandatory deportation.

Adrian Moncrieffe immigrated with his parents to the United States from Jamaica in 1984. He was 3 years old at the time. He and his family were all legal residents.

Supreme Court Backs Warrants For Blood Tests In DUI Cases

Nina Totenberg — Wed, 17 Apr 2013 23:10:00 +0000

The U.S. Supreme Court has ruled that police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test. The vote was 8-to-1, with Justice Clarence Thomas the lone dissenter.

Tyler McNeely was pulled over late at night after a state trooper observed him driving erratically. When McNeely refused to take a Breathalyzer test, the officer drove him to a local hospital and ordered blood drawn for an alcohol test.

Adoption Case Brings Rare Family Law Dispute To High Court

Nina Totenberg — Tue, 16 Apr 2013 07:52:00 +0000

Take the usual agony of an adoption dispute. Add in the disgraceful U.S. history of ripping Indian children from their Native American families. Mix in a dose of initial fatherly abandonment. And there you have it — a poisonous and painful legal cocktail that goes before the U.S. Supreme Court on Tuesday.

At issue is the reach of the Indian Child Welfare Act, known as ICWA.

Supreme Court Asks: Can Human Genes Be Patented?

Nina Totenberg — Mon, 15 Apr 2013 07:01:00 +0000

Same-sex marriage got huge headlines at the Supreme Court last month, but in the world of science and medicine, the case being argued on Monday is far more important. The lawsuit deals with a truly 21st century issue — whether human genes may be patented.

Myriad Genetics, a Utah biotechnology company, discovered and isolated two genes — BRCA 1 and BRCA 2 — that are highly associated with hereditary breast and ovarian cancer. Myriad patented its discovery, giving it a 20-year monopoly over use of the genes for research, diagnostics and treatment.

Supreme Court Notes: Bugs, Pumps And Stolen Credit Card Numbers

Nina Totenberg — Thu, 28 Mar 2013 22:52:00 +0000

NPR's Legal Affairs Correspondent Nina Totenberg sends us some odds and ends from a very momentous week in the Supreme Court.

Hear all that sneezing, wheezing, coughing, and nose blowing during this week's same-sex oral arguments at the U.S. Supreme Court?

That was Justice Antonin Scalia, apparently sick as a dog but reporting for duty nonetheless. Last week it was Justice Sonia Sotomayor who looked like hell and was sniffling her way through oral arguments.

DOMA Challenge Tests Federal Definition Of Marriage

Nina Totenberg — Tue, 26 Mar 2013 23:49:00 +0000

After weeks and months of public debate and speculation about the legal fate of same-sex marriage, the second round of arguments takes place at the U.S.

In First Of 2 Gay-Marriage Cases, Court Turns To Proposition 8

Nina Totenberg — Mon, 25 Mar 2013 23:39:00 +0000

Outside the Supreme Court, lines began forming nearly a week ago. By Monday, the line had snaked down the court steps and to the corner, with people braving freezing temperatures and snow in anticipation of the historic arguments on same-sex marriage on Tuesday and Wednesday.

The justices are first hearing a constitutional challenge to California's ban on same-sex marriage.

Supreme Court To Examine State Ban On Affirmative Action

Nina Totenberg — Mon, 25 Mar 2013 21:12:00 +0000

As the national spotlight turns to the U.S. Supreme Court this week with two historic arguments on same-sex marriage, the court on Monday made headlines on another high-profile issue: affirmative action.

Just 10 years ago a narrow court majority upheld affirmative action programs in higher education in an opinion written by Justice Sandra Day O'Connor.

Supreme Court Hears 'Pay To Delay' Pharmaceutical Case

Nina Totenberg — Mon, 25 Mar 2013 07:15:00 +0000

The U.S. Supreme Court hears arguments Monday in a case worth billions of dollars to pharmaceutical companies and American consumers. The issue is whether brand-name drug manufacturers may pay generic drug manufacturers to keep generics off the market. These payments — a form of settlement in patent litigation — began to blossom about a decade ago when the courts, for the first time, appeared to bless them.

Consumer advocates, health care organizations and retail outlets call these payments "pay to delay." The drugmakers hate that term and have a different name.

Former Bush Aide Pushes 'Conservative Case' For Gay Marriage

Nina Totenberg — Sun, 24 Mar 2013 09:33:00 +0000

One hundred thirty-one prominent Republicans have signed a pro-same-sex marriage legal brief that is clearly at odds with the House GOP leadership and the party's platform in the most recent election. Because of the prominence of the signers, the brief stands out among the more than 150 friend-of-the-court briefs filed in two same-sex marriage cases to be argued at the U.S. Supreme Court this week.

The man who rounded up the group is Ken Mehlman, the former political director for the George W.