ABA Journal

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Supreme Court will consider future of Indian Child Welfare Act

The Indian Child Welfare Act faces a broad, multipronged legal attack led by the state of Texas, which along with seven individuals sued the federal government challenging various provisions of ICWA as unconstitutional. The most attention-getting is the attack on the law’s preferences for placing Native American children with family members or other tribe members.



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$7M adultery penalty in postnuptial agreement is valid, appeals court says

A wife’s agreement to stay in a marriage after her husband’s adultery was adequate consideration for a $7 million penalty against him in a postnuptial agreement for any subsequent extramarital romantic relationship, a state appeals court has ruled.



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Supreme Court rejects Sen. Lindsey Graham's bid to block his testimony in Georgia election probe

The U.S. Supreme Court on Tuesday denied Republican U.S. Sen. Lindsey Graham ’s request to block a subpoena for his testimony before a Georgia grand jury investigating 2020 election interference.



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Expect litigation over absentee ballots, and expect delays in the vote count, Common Cause warns

Absentee voting is facing a double wallop as the Nov. 8 midterm elections approach. Voting in advance of Election Day has been restricted by new state laws that make it more difficult to obtain and cast absentee ballots. And the validity and counting of some of those ballots are likely to be challenged in litigation.



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Chief justice blocks turnover of Trump's tax returns to congressional committee

Former President Donald Trump has obtained a temporary stay blocking the turnover of his tax returns to the House Ways and Means Committee.



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6th Circuit blocks ethics probe of judicial candidates who touted GOP links, anti-abortion endorsements

A federal appeals court has blocked the Kentucky Judicial Conduct Commission from investigating two judicial candidates accused by citizens of touting their Republican background and their endorsements from anti-abortion groups.



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Community resident has standing to sue over planned removal of Confederate statue, top Georgia court says

A community resident can sue over plans to remove a Confederate statue from her county, but groups without ties to the community don’t have standing, the Georgia Supreme Court ruled last week.



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Lawyer pleads guilty in staged accident scheme; victims underwent unnecessary surgery

A New York lawyer has pleaded guilty to wire fraud for participating in a scheme involving phony trip-and-fall accidents and fraudulent lawsuits.



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Estimated 4.6M Americans can't vote in midterms because of felony convictions, new report says

The estimated number of people who can’t vote in the United States because of a felony conviction has declined by 24% since 2016, but the total is still large, according to a report released Tuesday by the Sentencing Project.



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Alex Jones case shows inadvertent disclosure of electronically stored information is a real risk

Lawyers often have to deal with an incredible amount of material and documents, spanning many rooms and filling countless boxes. What lawyers once did by hand, such as identifying privileged materials that should not be disclosed to the other side, can now be done with the help of sophisticated technology. But mistakes can and do happen.



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