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Contributing to the interest in and speculation about this case is the vacancy on the Supreme Court created by Justice Antonin Scalia’s recent death. Should the Supreme Court’s deliberations end in a 4-4 tie, the lower court’s ruling  would remain intact and undisturbed, thus foreclosing the ability of individuals who would otherwise be qualified for employment authorization under DACA expansion and DAPA to receive employment authorization as the 2014 executive action intended.  However, because an affirmance by an equally divided 4-4 Court would be non-precedential, the issues could be raised again in another case, after a ninth justice was seated on the Court. … [Read more...] about Supreme Court’s Decision on Future of DACA and DAPA

SECTIONS Search E-edition Home Customer Service Customer Service About Us Buy Photos and Pages Contact Us Plus Mobile & Apps Newsletters Newspaper in Education Subscribe Subscriber Services Archives News News Crime Databases Education Government & Politics Local News Nation & World Military Obituaries Obits Archive Traffic Watchdog Weather Blogs & Columns Matt Driscoll Sports Sports College High School Mariners Preps Stats Seahawks Sounders Tacoma Rainiers UW Huskies Blogs & Columns Dave Boling Huskies Insider Blog John McGrath Mariners Insider Blog Seahawks Insider Blog Sounders Insider Blog Politics Politics Business Business Consumers People in Business New Businesses Port of Tacoma Real Estate Opinion Opinion Cartoons Editorials … [Read more...] about State Supreme Court strikes down death penalty, converts sentences to life in prison

The decision of the SC to upload resolutions with reasons is the outcome, in all probabilities, of the resignation of Justice Jayant Patel, the judge of Karnataka High Court. The collegium of the SC came in for sharp criticism over the issue of this resignation. Justice Jayant Patel was in the line of seniority to become the chief justice of the Karnataka High Court. But before that, he was transferred by the collegium headed by CJI Justice Deepak Misra to Allahabad High Court, where he would be third in seniority for becoming the chief justice. I suppose, sensing injustice being done to him, Justice Patel resigned. It’s not the first time that collegium system has come in for sharp criticism. Previously also, we have seen how competent judges could not reach SC for one or the other reasons. The case in point is of Justice A P Shah, who retired as the chief justice of the Delhi High Court. He was never recommended by SC collegium for his elevation to the Supreme Court. Justice … [Read more...] about Supreme Court Starts Doing What It Preaches; But Much More Needs To Be Done

Chief justice Nasirul Mulk and Justice Iqbal Hameedur Rahman’s opinion said “These judgments have been criticized for introducing uncertainties as the Parliament while amending the Constitution would not know as to whether the amendment would survive the test of basic features forming the basic structure of the Constitution. Kesavananda Bharati did not lay down with precision any of the basic features of the Constitution which were identified by the Court in the later cases of Indira Gandhi, Minerva Mills Ltd., Waman Rao, I.R. Coelho (supra) etc and have been listed by certain commentators on Indian Constitution to be 27 in number and growing in count. Even these identified basic features are very broad in nature and open to varied interpretation by the judiciary. The dissent in Kesavananda Bharati questions many of the assumptions forming the basis of laying down implied limitations on Parliament‘s powers to amend. One of the arguments forwarded was the … [Read more...] about Pak SC upholds setting up of military courts to try civilians; says vires of constitutional amendment can be examined

The relevance of ornamentationThe Supreme Court also agreed with the Court of Appeal that Arnold J had been wrong in failing to take colour and ornamentation on the Kiddee Case (and lack of it on the Trunki CRD) into account.  The Supreme Court said that the Trunki CRD did not include any ornamentation or other imagery and this reinforced the overall impression of the Trunki CRD as a horned animal with a nose and tail.  In contrast, the overall impression given by the Kiddee Case was influenced by the two tone colour of the body and the spots on the flank which made the case look like a ladybird, with the handles on the head appearing as antennae.  This meant that the Kiddie case produced on the informed user a different overall impression from the horned animal in the Trunki CRD images.  The same conclusion applied to the second example of the Kiddee Case referred to in the Supreme Court’s judgment.  Here, the stripes on the flank and the whiskers on … [Read more...] about Designers beware: UK Supreme Court confirms that images alone will determine the scope of registered design protection