Nina Totenberg

Adoption Case Brings Rare Family Law Dispute To High Court

Nina Totenberg — Tue, 16 Apr 2013 15:49:08 +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.

DOMA Challenge Tests Federal Definition Of Marriage

Nina Totenberg — Wed, 27 Mar 2013 12:00:12 +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 — Tue, 26 Mar 2013 13:32:33 +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.

In Voting Rights Arguments, Chief Justice Misconstrued Census Data

Nina Totenberg — Sat, 02 Mar 2013 13:17:06 +0000

At the voting rights argument in the Supreme Court on Wednesday, Chief Justice John Roberts tore into Solicitor General Donald Verrilli, grilling him on his knowledge of voting statistics.

The point the chief justice was trying to make was that Massachusetts, which is not covered by the preclearance section of the Voting Rights Act, has a far worse record in black voter registration and turnout than Mississippi, which is covered by Section 5 of

Administration Asks Supreme Court To End Calif. Gay-Marriage Ban

Nina Totenberg — Fri, 01 Mar 2013 12:04:40 +0000

The Obama administration has filed a friend of the court brief urging the U.S.

Supreme Court Weighs Future Of Voting Rights Act

Nina Totenberg — Wed, 27 Feb 2013 11:13:25 +0000

Once again, race is front and center at the U.S. Supreme Court on Wednesday. And once again, the bull's eye is the 1965 Voting Rights Act, widely viewed as the most effective and successful civil rights legislation in American history. Upheld five times by the court, the law now appears to be on life support.

The provision at issue in Wednesday's case applies only to specific parts of the country where discriminatory voting procedures were once rampant. It covers all of nine states, mainly in the South, plus parts of seven other states.

Supreme Court Considers If Warrantless DNA Swab Violates Constitution

Nina Totenberg — Tue, 26 Feb 2013 11:49:54 +0000

The U.S. Supreme Court hears arguments on Tuesday in a case that could throw a monkey wrench into the widespread use of DNA testing — a case that pits modern technology against notions of personal privacy.

Twenty-eight states and the federal government have enacted laws that provide for automatic DNA collection from people at the time of their arrest.

States Take Sides As Court Revisits Voting Rights Act

Nina Totenberg and Angela Chang — Sat, 23 Feb 2013 11:36:53 +0000

The U.S. Supreme Court hears arguments next week in a case that tests the constitutionality of the 1965 Voting Rights Act, the law considered the most effective civil rights statute in American history. At issue is whether a key provision of the statute has outlived its usefulness.

A staggering 49 friend of the court briefs have been filed, among them briefs from 11 states urging the court to either strike down or uphold the law.

The Presidential Oath: Not Always Perfect, But It Gets The Job Done

Nina Totenberg — Sun, 20 Jan 2013 13:37:00 +0000

President Obama takes the oath of office for a second term on Sunday and Monday. By the time he is through Monday, he and President Franklin D.

Can Police Force Drunken Driving Suspects To Take Blood Test?

Nina Totenberg — Wed, 09 Jan 2013 13:28:12 +0000

The U.S. Supreme Court hears arguments Wednesday in a case testing whether police must get a warrant before forcing a drunken driving suspect to have his blood drawn.

The court has long held that search warrants are ordinarily required when government officials order intrusions into the body — intrusions like drawing blood from an unwilling individual. The court has reasoned that such intrusions amount to a bodily search and thus are covered by the Fourth Amendment's warrant requirement.