Chancellor Overturns Election, Rules that Millington Referendum Passed (Court Order attached)

Chancellor Overturns Election, Rules that Millington Referendum Passed (Court Order attached)

As we earlier hoped and predicted in previous blog posts here and here, the Chancery Court today overturned the Election Commission’s initial certification and finding that the recent Millington Sales Tax Referendum failed.  The Court further declared that after accounting for the unlawful votes that were cast during the election, the Referendum did, in fact, actually pass.

The Memphis Commercial Appeal report is here.

 … Read the rest

CA Update: Millington election lawsuit – There may be no need for a re-vote.

CA Update: Millington election lawsuit – There may be no need for a re-vote.

The Commercial Appeal ran a story today about the status of the election challenge lawsuit that the attorneys at Patterson Bray are handling on behalf of the City of Millington.

We’ve spent the last several days reviewing election commission records and tabulations, and we are hopeful and believe that ultimately the City of Millington will be able to avoid a re-vote.  Indeed, as quoted in the story:

“We’re not ready to concede that once you throw out the invalid votes that it doesn’t conclusively prove that, in fact, it prevailed, and you can prove that to a mathematical certainty,” he said. “So, there is no need for a revote. We believe that will be the case, and that’s what we are prepared to argue.”

In other words, once the improper votes are identified and isolated, we believe that we’ll be able to show with mathematical certainty that the municipal schools sales tax referendum did, in fact, actually pass.  We hope to have a motion filed in court … Read the rest

ObamaCare Before Supreme Court Starting Today: Brief Guide

ObamaCare Before Supreme Court Starting Today: Brief Guide

My friend Hans Von Spakovsky has a great rundown of the Supreme Court’s schedule as they hear argument over the course of the next three days on the various legal issues implicated by ObamaCare.  Check out the article over at PJ Media.

As for the most pressing substantive issue in the case — the Commerce Clause of the U.S. Constitution — there is a very good summary of the “evolution” of the Court’s interpretation of the Clause over the course of the past century over at The Atlantic.… Read the rest

Legal Tip: Take Photos of the Contents of Your Wallet and Store Them on Your Smartphone

Legal Tip: Take Photos of the Contents of Your Wallet and Store Them on Your Smartphone

Identity theft is rampant.  You hear horror stories over and over again.  To protect yourself, you should avoid supplying personal and financial information online except in connection with verifiable, reputable sites.

But what about “old style” identity theft?  Indeed, sometimes despite your best efforts, there are occasions where your wallet, purse or briefcase is lost or stolen.

One way to protect yourself is to take a photo of the contents of your wallet or and store them in a password protected app on your smartphone — e.g. take a photo of the front and back sides of your credit cards, your license, and your health insurance card.  Indeed, in the unfortunate event your wallet is stolen, you will need to call your bank and credit card companies to cancel your cards, and it would be helpful to have their customer service numbers readily available along with your account information.  Having photos will also enable you simply to remember what cards are actually in your … Read the rest

The Obamacare case to be heard by the Supreme Court in only 2 weeks

The Obamacare case to be heard by the Supreme Court in only 2 weeks

I posted previously about the Obamacare cases that were on a collision course to the Supreme Court.  The most eagerly anticipated question before the Court is the constitutionality of the individual mandate — that is, does the federal government have the power to require someone to purchase something?

Three of the 13 federal appellate courts have now ruled on Obamacare.  The 4th and the 6th Circuits upheld the individual mandate, whereas the 11th Circuit deemed it unconstitutional.  (The 6th Circuit is where I clerked.  It covers Tennessee, Kentucky, Ohio and Michigan).

It’s a fascinating issue with all sorts of wide-ranging legal and historical implications, and it’s now set to finally be heard by the Court on Monday, March 26th.

An article in The New York Times offers a glimpse into the importance of the case — and to the legacy in particular of Chief Justice Roberts — noting that “[t]he six hours the court will devote to arguments is a testament to the case’s importance.  The … Read the rest