The Future of Faithless Electors and the National Popular Vote Compact: Part Two in a Two-Part Series

VIKRAM DAVID AMAR

In this second of a two-part series of columns about the U.S. Supreme Court’s recent decision in the “faithless elector cases, Illinois Law dean and professor Vikram David Amar describes some good news that we may glean from those cases. Specifically, Amar points out that states have many ways of reducing elector faithlessness, and he lists three ways in which the Court’s decision paves the way for advances in the National Popular Vote (NPV) Interstate Compact movement.

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Impoverishing Women: Supreme Court Upholds Trump Administration’s Religious and Moral Exemptions to Contraceptive Mandate

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on the U.S. Supreme Court’s recent decision upholding the Trump administration’s religious and moral exemptions to the contraceptive mandate of the Affordable Care Act (ACA). Grossman provides a brief history of the conflict over the growing politicization of contraception in the United States and argues that the exemptions at issue in this case should never have been promulgated in the first place because they have no support in science or public policy.

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Ferguson v. Ferguson

Court: Idaho Supreme Court - Civil

Docket: 46731

Opinion Date: July 15, 2020

Judge: Brody

Areas of Law: Civil Procedure, Trusts & Estates

Michael D. Ferguson was initially excluded as a beneficiary from his parents’ marital trust (the Original Trust). Years later, Michael's mother, Sybil Ferguson, essentially reversed Michael's exclusion by exercising a power of appointment in her will, designating Michael Ferguson as a beneficiary of the Survivor’s Trust - a sub-trust of the Original Trust. When Sybil died, Michael petitioned the magistrate court for financial records, including records from the Original Trust, to determine whether he would receive his full share of the Survivor’s Trust. The parties filed cross-motions for summary judgment, which the magistrate court denied in part and granted in part. Both parties appealed to the district court. The district court affirmed the magistrate court’s decision in part and reversed in part. The district court held that the magistrate court erred in concluding that Michael did not become a beneficiary of the Survivor’s Trust until his mother’s death, concluding that he became a beneficiary the moment his mother named him as a beneficiary more than one year before her death. Further, the district court held that the magistrate court erred in refusing to apply the Original Trust’s no-contest provision, removing Michael as a beneficiary. The issues this case presented for the Idaho Supreme Court's review centered on: the fiduciary duties of a trustee who had discretion to spend the trust’s principal, the scope of records available to a trust beneficiary under Idaho Code section 15-7-303, and the enforceability of a trust instrument’s no-contest provision. The Supreme Court concluded the district court erred: (1) in holding Sybil Ferguson did not owe Michael a fiduciary duty under the Trust Agreement; (2) in failing to address whether Michael was entitled to Original Trust allocation records pursuant to Idaho Code section 15-7-303; (3) in enforcing the forfeiture provision before addressing whether the Successor Trustees breached their fiduciary duties in administering the Survivor’s Trust; and (4) in failing to address the magistrate court's ruling denying Michael's motion to compel discovery. Judgment was reversed and the matter remanded for further proceedings.

Shaffer v. Commissioner of Revenue

Court: Massachusetts Supreme Judicial Court

Docket: SJC-12812

Opinion Date: July 10, 2020

Judge: Cypher

Areas of Law: Tax Law, Trusts & Estates

The Supreme Judicial Court affirmed the decision of the appellate tax board (board) upholding the Commissioner of Revenue's assessment of an additional Massachusetts estate tax based on the value of a qualified terminable interest property (QTIP) trust in computing a decedent's Massachusetts estate tax return, holding that there was not a constitutional or a statutory barrier to the assessment. Robert Chuckrow created a QTIP trust in New York. Adelaid Chuckrow (decedent) was the lifetime income beneficiary of the QTIP trust and deed domiciled in Massachusetts. The decedent's estate (estate) did not include the value of the QTIP trust assets in computing her Massachusetts estate tax return. After an audit, the Commission assessed an additional Massachusetts estate tax of almost $2 million based on the value of the QTIP assets. The board upheld the assessment. At issue before the Supreme Judicial Court was whether the intangible assets in the QTIP trust were includable in the gross estate of the decedent for purposes of calculating the Massachusetts estate tax under Mass. Gen. Laws ch. 65C, 2A(a). The Supreme Judicial Court affirmed, holding that the QTIP assets were includable in the estate for purposes of the Massachusetts estate tax.

In re Estate of Patricia Bixby McHugo (Susan Inouye, Appellant)

Court: Vermont Supreme Court

Citation: 2020 VT 59

Opinion Date: July 10, 2020

Judge: Beth Robinson

Areas of Law: Contracts, Trusts & Estates

Appellant Susan Inouye challenged the probate division's allowance of her mother's most recent will. Testator was ninety-two years old and a resident of Windsor County, Vermont when she died in 2016. Testator previously lived in Arizona and was married to John Walter McHugo. They had three children together before their divorce in 1978. In 1997, testator and her ex-husband each executed a will in Arizona. Each will provided for the establishment of a testamentary trust for the support of the other former spouse during their lifetime, and provided for the remaining assets to be divided equally among the three children after both former spouses have died. In 2006, while living in Montpelier, Vermont, testator executed another will revoking the 1997 will. The 2006 will divided most of testator’s estate between two of her children, who were the appellees in this case. It excluded testator’s ex-husband and third child, Susan Inouye. Testator’s ex- husband predeceased her in 2010. Appellant argued that this will was executed in violation of a prior contract for mutual wills, and that it therefore should not have been allowed for probate administration. The Vermont Supreme Court concluded that the will was properly allowed, but that a contract for mutual wills may be enforced through a breach-of-contract claim. The Court therefore affirmed the probate division’s decision and remanded for further proceedings.