Supreme Court to weigh high-stakes ERISA cases; justices now have the opportunity to provide guidance to the courts on the much litigated pre-emption question

Article Abstract:

The US Supreme Court will hear oral arguments in two ERISA cases in Jan 1995. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co. concerns state-legislated surcharges on hospital rates favoring some insurance carriers over others. The Hospital Assn of New York State, the 'Blues' and New York state are asking the court to re-evaluate the scope of ERISA's pre-emption provision. Curtis-Wright Corp v. Schoonejongen concerns the procedure for amending employee benefit plans.

Pension funds, Exclusive and concurrent legislative powers, Preemption (Legislative power)

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High court to examine state hate-crime statute; does it clash with the First Amendment?

Article Abstract:

The US Supreme Court will in the case of Wisconsin v Russell consider whether hate-crime laws violate the constitutional right to freedom of speech. The Wisconsin law in question provides for penalty enhancement when an offense was motivated by hate. One friend-of-the-court brief points out that 46 state s have hate crime legislation and that over 20 of these take the sentence-enhancement approach of the Wisconsin law. Courts have had mixed views on these laws.

Freedom of speech, Sentences (Criminal procedure), Hate crimes

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