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Supreme Court agrees to review a Reconstruction-era ban on distilling spirits
Legal Focuses |
2026/10/21 05:09
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The Supreme Court agreed on Monday to consider whether Congress had the constitutional authority to impose a ban on distilling spirits in private homes more than 150 years ago. Plaintiffs challenging the prohibition on home distilling claim the 1868 law is an antiquated relic of Reconstruction-era politics. They argue that Congress overstepped its taxation powers when it enacted the home distilling ban as part of a tax reform measure designed to curb fraud by commercial distillers. Government attorneys counter that Congress properly restricted where spirits can be distilled to prevent producers from evading federal excise taxes. They warn that lifting the ban would violate Supreme Court precedent and erode congressional powers. Federal law makes home distilling a crime punishable by a maximum sentence of five years in prison and a $10,000 fine. Separate challenges to the law divided two federal circuit courts, which issued conflicting decisions in April, only 11 days apart. A three-judge panel from the Sixth U.S. Circuit Court of Appeals upheld the federal ban in a case brought by John Ream, a brewpub owner from Newark, Ohio, who wants to distill whisky at home for his personal consumption. A Fifth Circuit panel ruled in favor of different plaintiffs — members of the Texas-based Hobby Distillers Association — and concluded that statutory prohibitions on in-home distilling are outside the scope of Congress' taxing power under the Constitution. The Supreme Court agreed to review the Fifth Circuit decision, which was the Justice Department's preference. Plaintiffs' attorney Robert Alt said they are "thrilled" that the Supreme Court agreed to hear the case. "Our country's founders would be rolling over in their graves to learn that a pastime in which even George Washington partook, which is as American as apple pie and certainly a lot older, has quite absurdly been turned into a federal crime," Alt said in a statement. Attorneys for the plaintiffs in both cases argue that Congress could ban a broad array of activities inside private homes — including cooking, gardening and remote work — under the government's interpretation of the 19th century law. "The importance of this case and the questions it presents could hardly be overstated," the plaintiffs' lawyers wrote. "It presents fundamental questions of the extent of federal power and the powers reserved to the states and the people." Justice Department attorneys said the government's regulation and taxation on the production of distilled spirits is as old as Congress itself. They noted that Congress outlawed home distilling to prevent those producers from evading taxes or government inspections. "And because the location restrictions were enacted only after lengthy experience with tax evasion, upholding those restrictions would not open the door to hypothetical laws restricting other conduct lacking that history," they wrote. The government says Ream asked the Supreme Court to resolve an "additional question" of whether location restrictions on home distilling exceed the scope of Congress's power to regulate interstate commerce. But the government urged the high court to avoid that question, saying it wasn't part of Ream's case or the government's current arguments in either case. |
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Surrogacy lawyer in New York City
Legal Focuses |
2024/07/12 12:50
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We provide legal services in the area of Assisted Reproduction Law, also known as Third Party Reproduction, or Assisted Reproductive Technology (ART) law. These matters involve matters such as Surrogacy (Compensated or Compassionate), gamete (sperm/egg) donation, embryo donation and embryo disposition. We also file for Judgments of Parentage for ART and Surrogacy matters. We pride ourselves in being collaborative, while at the same time advocating strongly for our clients, and being thorough, detail oriented and efficient. We work throughout the states of New York and New Jersey.
Compassionate Surrogacy Agreements
These are agreements where there is no compensation provided to the Surrogate. These are sometimes referred to as altruistic surrogacy arrangements. It is often a family member or friend being a surrogate for the Intended Parents. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement.
Sperm Donation Agreements
The majority of these agreements are known sperm donation agreements, where the Donor and the Intended Parents have chosen to work with one another. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in securing a pre and/or post-birth Judgment of Parentage.
Ovum/Egg Donation Agreements
These agreements can be either known or anonymous. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in securing a pre and/or post-birth Judgment of Parentage.
Embryo Donation Agreements
These agreements can be either known or anonymous. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in secure a pre and/or post-birth Judgment of Parentage.
Embryo Disposition Agreements
New York permits parties to enter into a binding agreement deciding what to do with embryos upon the separation or divorce of Intended Parents. For example, will the embryos be destroyed, donated to research, or will one Intended Parent be allowed to use them while the other Intended Parent has no parental rights or responsibilities to any child born from the embryos. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. |
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Court: Ukraine can try to avoid repaying $3B loan to Russia
Legal Focuses |
2023/03/15 13:45
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The U.K. Supreme Court ruled Wednesday that Ukraine can go to trial to try to avoid repaying $3 billion in loans it said it took under pressure from Russia in 2013 to prevent it from trying to join the European Union.
The court rejected an attempt to avoid a trial by a British company acting on Russia’s behalf to collect the loans. Ukraine said it borrowed the money while facing the threat of military force and massive illegal economic and political pressure nearly a decade before Russia invaded its neighbor.
Ukrainian President Volodymyr Zelenskyy tweeted that the ruling was “another decisive victory against the aggressor.”
“The Court has ruled that Ukraine’s defense based on Russia’s threats of aggression will have a full public trial,” he tweeted. “Justice will be ours.”
The case was argued in November 2021, and the court was not asked to consider Russia’s invasion of Ukraine three months later.
Ukrainian authorities allege that the corrupt government of pro-Russian Ukrainian President Viktor Yanukovych borrowed the money from Moscow under pressure before he was ousted in protests in February 2014, shortly before Russia illegally annexed Ukraine’s Crimea peninsula.
After the 2014 Ukraine revolution, the country’s new government refused to repay the debt in December 2015, saying Moscow wouldn’t agree to terms already accepted by other international creditors.
The case came to British courts because London-based Law Debenture Trust Corp. had been appointed by Ukraine to represent the interests of bondholders. The company initially won a judgment to avoid trial but Ukraine appealed.
The Supreme Court rejected several of Ukraine’s legal arguments, including that its finance minister didn’t have authority to enter into the loan agreement and that Ukraine could decline payment as a countermeasure to Russia’s aggressions.
The ruling, however, said a court could consider whether the deal was void because of threats or pressure that are illegitimate under English law.
While the court noted that trade sanctions, embargoes and other economic pressures are “normal aspects of statecraft,” economic pressures could provide context to prove that Russia’s threats to destroy Ukraine caused it to issue the bonds. |
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Appeals ruling leaves Trump fate in defamation suit in flux
Legal Focuses |
2022/09/27 16:20
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A federal appeals court asked a Washington D.C. appeals court Tuesday to help it decide whether the United States should be substituted for former President Donald Trump as the defendant in a defamation lawsuit brought by a woman who says he raped her over a quarter century ago.
The 2nd U.S. Circuit Court of Appeals in Manhattan in a 2-to-1 decision reversed a lower court ruling that had concluded Trump must face the lawsuit brought in Manhattan federal court by columnist E. Jean Carroll.
But it stopped short of saying the U.S. can be substituted for Trump as the defendant in the lawsuit. Instead, it asked The D.C. Court of Appeals, the highest court in the District of Columbia, to decide whether Trump’s public statements denying Carroll’s rape claims occurred within the scope of his employment as president.
Carroll maintains Trump defamed her with public comments he made after she wrote in a 2019 book that Trump raped her during a chance encounter in the mid-1990s in a Manhattan department store. Trump denied the rape and questioned Carroll’s credibility and motivations.
The 2nd Circuit said Trump would be entitled to immunity by having the U.S. substituted as the defendant in the lawsuit if it was decided that his statements came within the scope of his employment.
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2nd defendant pleads guilty in 2018 hate crime in Washington
Legal Focuses |
2022/04/09 14:51
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A second defendant has pleaded guilty in federal court to a hate crime and making false statements in connection with a 2018 racially-motivated assault in the Seattle area.
U.S. Attorney Nick Brown said Jason DeSimas, 45, of Tacoma, Washington, is one of four men from across the Pacific Northwest being prosecuted for punching and kicking a Black man at a bar in Lynnwood, Washington.
U.S. District Judge Richard A. Jones scheduled sentencing for July 8.
According to the plea agreement, DeSimas was a prospective member of a white supremacist group. DeSimas believed that he and his group could go into bars and initiate fights, so that the rest of the members of the group could join in.
On Dec. 8, 2018, the men went to a bar in Lynnwood, Washington and assaulted a Black man who was working as a DJ. The group also assaulted two other men who came to the DJ’s aid. The attackers shouted racial slurs and made Nazi salutes during the assault.
DeSimas also admitted making false statements to the FBI during the investigation of the case.
Under terms of the plea agreement, both sides will recommend a 37-month prison term. The judge is not bound by the recommendation.
Daniel Delbert Dorson, 24, of Corvallis, Oregon, has already pleaded guilty in the case and is scheduled for sentencing Aug. 19. Jason Stanley, 44, of Boise, Idaho, and Randy Smith, 39, of Eugene, Oregon, are also charged in the case and are in custody awaiting trial.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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