LAW OFFICES OF GEOFFREY D. MUELLER, LLC

Per Arizona v. Inter Tribal Council of Arizona, Inc.; 12-71:

In a 7-2 decision, with Justice Antonin Scalia writing for the majority, the United States Supreme Court held that Federal law, "precludes Arizona from requiring a federal form applicant to submit information beyond that required by the form itself[.]"

However, proponents of the Arizona statute will likely note that Justice Scalia's decision is effectively a road map to more stringent State regulations to prevent voter fraud.

The Supremes' decision and analysis after the jump...

Association for Molecular Pathology v. Myriad Genetics (12-398)

"Genes and the information they encode are not patent-eligible under [federal law] simply because they have been isolated from the surrounding genetic material," wrote Justice Clarence Thomas for a unanimous Court.

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"Myriad did not create anything...to be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention."

The Court, however, left open the possibility that synthetic DNA may be patentable.

Full decision after the jump...

Per the Star Ledger:

"The New Jersey Health Department issued a permit today for a nonprofit group to begin growing medical marijuana for state-sanctioned dispensary outside Atlantic City — the second one in New Jersey — and said it would be ready for patients to buy in September.

"The approval for Compassionate Care Foundation Inc. of Egg Harbor Township comes more than two years after it was selected as one of New Jersey’s six "alternative treatment centers."

"Finding a location, private financing and clearing the state’s vetting process proved more challenging than the foundation had anticipated."

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"A crop generally takes about three months to grow and be prepared for sale, after which the Health Department tests it for mold, pesticides and potency before any is sold.

"'Once Compassionate Care Foundation is permitted to operate as an alternative treatment center, patients will be notified of the opening date,' a Health Department press release said.

"Thomas said patients would be given a month’s notice so they could begin signing up with the dispensary. When marijuana is available, it will be sold by appointment in the order in which the center receives the orders, he said."

Full article after the jump...

Per The New Jersey Law Journal:

"Alcotest, the drunken-driving tester that replaced the Breathalyzer in New Jersey just five years ago, will soon be phased out of use, the state attorney general says in court papers.

"Because the machine’s manufacturer, Draeger Safety Diagnostics of Irving, Texas, will warranty it for only three more years, a replacement technology will have to be put in place by 2016.

"In the meantime, the state wants the Supreme Court to relax the controls on Alcotest that it set down in State v. Chun, 194 N.J. 54 (2008), the seminal ruling that found the device scientifically reliable as evidence in DWI cases."

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"Deputy Attorney General Robyn Mitchell[...]says the state’s decision to retire Alcotest came after it was unable to work with Draeger Safety to make programming revisions that would facilitate uploading of data from machines in police departments around the state to the centralized database.

"Draeger hired a software developer, Ayoka Systems, to work on that job. Draeger advised the state last November that it was not willing to continue employing Ayoka, according to Mitchell. Draeger wanted the state to retain Ayoka or another software company directly or do the work in-house. But the state lacked the resources to do the work itself and said it would have to put the work out to bid, which would cause a delay of six to nine months.

“'In light of Draeger’s decision to stop supporting the existing Alcotest 7110 instruments at the end of 2016 and the state’s lack of a direct business relationship with Ayoka, the time that it would take [to make the necessary software changes] will likely be comparable to the time it would take to implement a new breath testing program,' Mitchell says. 'Given that the Alcotest 7110 will become obsolete at the end of 2016, it makes more sense for the state to focus its attention and resources on replacing the Alcotest 7110.'

"Draeger officials did not respond to a reporter’s call about the case; nor did Arlington, Texas-based Ayoka."

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"Jeffrey Gold, who represented the amicus curiae New Jersey State Bar Association in Chun, says, 'I really do find it outrageous, the gall the state has in saying, not only are we in violation of this order, in terms of changing the software, for five years, but we want another three years because we’re going to investigate another [machine].'"

Full article after the jump...