Latest 2 Cases: McClure Management, LLC v. Taylor (Civil Rights), State v. Tewalt (Criminal Law)

Is the So-Called Mandate Without Any Tax Consequences Unconstitutional? And If So, How Should a Court Remedy That? Part Three in a Series Examining Underexplored Issues in the California v. Texas Affordable Care Act Case

VIKRAM DAVID AMAR, EVAN CAMINKER, JASON MAZZONE

In this third of a series of columns examining underexplored issues in the California v. Texas case challenging the Affordable Care Act (ACA), Illinois law dean Vikram David Amar, Michigan Law dean emeritus Evan Caminker, and Illinois law professor Jason Mazzone consider whether the so-called individual mandate of the ACA, now without any tax consequences, is unconstitutional, as the challengers argue. The authors explain why, in their view, the challengers are incorrect, regardless of whether the word “shall” in the ACA is interpreted as obligatory or not.

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McClure Management, LLC v. Taylor

Docket: 18-1104

Opinion Date: October 16, 2020

Judge: Armstead

Areas of Law: Civil Rights

In this discrimination lawsuit brought under the West Virginia Human Rights Act (WVHRA), the Supreme Court affirmed the order of the circuit court denying Defendants' motion for judgment as a matter of law or, alternatively, for a new trial, holding that the circuit court did not err. The jury found in favor of Defendants on their claims and awarded each of them $475,000. Defendants subsequently filed a motion for judgment as a matter of law, or, alternatively, a new trial. The circuit court denied the motion. The Supreme Court affirmed, holding (1) the circuit court did not err by denying Defendants' motion for judgment as a matter of law on the grounds that Plaintiffs failed to present evidence that Defendants violated the WVHRA; (2) the circuit court did not err by allowing Plaintiffs to call a rebuttal witness to testify about comments a plaintiff made; and (3) the circuit court did not err by denying Defendants' motion for a new trial on the basis that the jury verdict was excessive.

State v. Tewalt

Docket: 19-0447

Opinion Date: October 16, 2020

Judge: Walker

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction of one count of strangulation but reversed in part the circuit court's sentencing order insofar as it imposed a lifetime no-contact protective order, holding that the circuit court lacked the authority to impose the lifetime protective order. Defendant was convicted of strangling his then-wife. The circuit court sentenced Defendant to five years in prison and imposed a lifetime protective order so that Defendant would "never have any contact with the victim." The Supreme Court affirmed in part and reversed in part, holding (1) there was sufficient evidence to support Defendant's conviction; (2) the circuit court properly admitted evidence of Defendant's prior conduct under W. Va. R Evid. 404(b); and (3) the circuit court committed clear error in imposing a lifetime protective order in the victim's favor.