Nina Totenberg

Supreme Court Sides With Monsanto In Seed Patent Case

Nina Totenberg — Mon, 13 May 2013 22:47:00 +0000

The U.S. Supreme Court ruled unanimously Monday that when farmers use patented seed for more than one planting in violation of their licensing agreements, they are liable for damages.

Billed as David vs. Goliath, the case pitted an Indiana farmer against the agribusiness behemoth Monsanto.

Almost all the soybean farmers in the U.S. use seed that is genetically altered to be resistant to weed killers like Roundup. That allows farmers to spray for weeds without killing the soybeans.

'Show Boat' Steams On, Eternally American

Nina Totenberg — Tue, 07 May 2013 21:26:00 +0000

It's been more than eight decades since Show Boat -- the seminal masterpiece of the American musical theater — premiered on a stage in Washington, D.C. Now the sprawling classic is back, in a lush production put on by the Washington National Opera.

Based on Edna Ferber's epic best-selling novel, Show Boat was nothing like the frothy musicals and scantily clad Broadway revues of its time.

Justices Say U.S. Improperly Deported Man Over Marijuana

Nina Totenberg — Tue, 23 Apr 2013 22:07:00 +0000

The U.S. Supreme Court has ruled that a longtime legal resident of the United States was improperly deported for possession of a small amount of marijuana. By a 7-2 vote, the justices said that it defies common sense to treat an offense like this as an "aggravated felony" justifying mandatory deportation.

Adrian Moncrieffe immigrated with his parents to the United States from Jamaica in 1984. He was 3 years old at the time. He and his family were all legal residents.

Supreme Court Backs Warrants For Blood Tests In DUI Cases

Nina Totenberg — Wed, 17 Apr 2013 23:10:00 +0000

The U.S. Supreme Court has ruled that police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test. The vote was 8-to-1, with Justice Clarence Thomas the lone dissenter.

Tyler McNeely was pulled over late at night after a state trooper observed him driving erratically. When McNeely refused to take a Breathalyzer test, the officer drove him to a local hospital and ordered blood drawn for an alcohol test.

Adoption Case Brings Rare Family Law Dispute To High Court

Nina Totenberg — Tue, 16 Apr 2013 07:52:00 +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.

Justices Appear Skeptical Of Patenting Human Genes

Nina Totenberg — Mon, 15 Apr 2013 23:29:00 +0000

In a case considered pivotal to the future of science and medicine, the justices of the U.S. Supreme Court seemed skeptical Monday about a claim that human genes can be patented.

Contending that genes can be patented are the biotech and pharmaceutical industries, which see patents as the keys to new scientific exploration.

Supreme Court Asks: Can Human Genes Be Patented?

Nina Totenberg — Mon, 15 Apr 2013 07:01:00 +0000

Same-sex marriage got huge headlines at the Supreme Court last month, but in the world of science and medicine, the case being argued on Monday is far more important. The lawsuit deals with a truly 21st century issue — whether human genes may be patented.

Myriad Genetics, a Utah biotechnology company, discovered and isolated two genes — BRCA 1 and BRCA 2 — that are highly associated with hereditary breast and ovarian cancer. Myriad patented its discovery, giving it a 20-year monopoly over use of the genes for research, diagnostics and treatment.

Supreme Court Notes: Bugs, Pumps And Stolen Credit Card Numbers

Nina Totenberg — Thu, 28 Mar 2013 22:52:00 +0000

NPR's Legal Affairs Correspondent Nina Totenberg sends us some odds and ends from a very momentous week in the Supreme Court.

Hear all that sneezing, wheezing, coughing, and nose blowing during this week's same-sex oral arguments at the U.S. Supreme Court?

That was Justice Antonin Scalia, apparently sick as a dog but reporting for duty nonetheless. Last week it was Justice Sonia Sotomayor who looked like hell and was sniffling her way through oral arguments.

5 Justices Express Doubt About Defense Of Marriage Act

Nina Totenberg — Thu, 28 Mar 2013 10:15:00 +0000

Transcript

DAVID GREENE, HOST:

The federal Defense of Marriage Act, known as DOMA, appears to be in jeopardy after having its day in court. Five justices expressed doubt about the constitutionality of the law during yesterday's Supreme Court arguments. Nine states and the District of Columbia have legalized same-sex unions, but DOMA doesn't recognize those marriages. It bars federal benefits - everything from Social Security survivor's payments to tax benefits - for gay couples who are legally married under state law.

Justices Cast Doubt On Federal Defense Of Marriage Act

Nina Totenberg — Wed, 27 Mar 2013 23:52:00 +0000

In the wake of the Supreme Court arguments Wednesday on the Defense of Marriage Act, same-sex marriage supporters have reason to be optimistic. Known as DOMA, the law bars federal benefits for legally married same-sex couples, even though those same benefits are automatically given to heterosexual married couples.

The second same-sex marriage case to be argued in as many days, the DOMA challenge was brought by Edith Windsor, whose marriage to Thea Spyer was legal in New York.

Justice Kennedy May Be Deciding Vote In Defense Of Marriage Act Case

Nina Totenberg — Wed, 27 Mar 2013 21:58:00 +0000

The Supreme Court heard oral arguments Wednesday in a case challenging whether the 1996 Defense of Marriage Act (DOMA) means the federal government can deny marriage benefits to same sex couples in states that allow gay marriage. Same-sex couples had reason to be optimistic afterward. Assuming the court can overcome procedural concerns, it looked as if a majority of justices was ready to strike down DOMA.

DOMA Challenge Tests Federal Definition Of Marriage

Nina Totenberg — Tue, 26 Mar 2013 23:49:00 +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.

At Arguments, Supreme Court Takes Halting Steps Into Gay Marriage Issue

Nina Totenberg — Tue, 26 Mar 2013 23:29:00 +0000

At the U.S. Supreme Court on Tuesday, the moment had finally arrived. After four years of litigation in the lower courts, the Supreme Court was hearing a challenge to California's ban on same-sex marriage. But minutes into oral arguments, it became clear that the justices may not give either side the clear-cut victory it wants.

All eyes were on Justice Anthony Kennedy, widely viewed as a swing vote and very possibly the deciding vote in the case, but he seemed reticent about the court dealing with the California case at all.

In First Of 2 Gay-Marriage Cases, Court Turns To Proposition 8

Nina Totenberg — Mon, 25 Mar 2013 23:39:00 +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.

Supreme Court Hears 'Pay To Delay' Pharmaceutical Case

Nina Totenberg — Mon, 25 Mar 2013 07:15:00 +0000

The U.S. Supreme Court hears arguments Monday in a case worth billions of dollars to pharmaceutical companies and American consumers. The issue is whether brand-name drug manufacturers may pay generic drug manufacturers to keep generics off the market. These payments — a form of settlement in patent litigation — began to blossom about a decade ago when the courts, for the first time, appeared to bless them.

Consumer advocates, health care organizations and retail outlets call these payments "pay to delay." The drugmakers hate that term and have a different name.