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Appeals court: Week of early voting shouldn't return to Ohio
Network News | 2016/08/25 09:45
A federal appeals court on Tuesday upheld an Ohio law that trims a week of early voting in the swing state, reversing a judge's decision that had restored the time.

Democrats had challenged a series of Republican-backed voting changes they claimed disproportionately burdened black voters and those who lean Democratic. Among the policies was the elimination of early voting days in which Ohioans could also register to vote, a period known as golden week.

The state's attorneys argued that scrapping the days helped alleviate administrative burdens for local elections officials while reducing costs and the potential of fraud. But plaintiffs, who include the state's Democratic Party, said the burden on voters outweighed any benefit to the state.

In a 2-1 decision, a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati ruled the golden-week cut still allows for "abundant" opportunities to vote within a 29-day window. Prior to the law, Ohioans had a 35-day period.



Court considers Kansas rule that voters prove citizenship
Headline Topics | 2016/08/24 09:44
A federal appeals court will decide whether Kansas has the right to ask people who register to vote when they get their driver's licenses for proof that they're citizens, a decision which could affect whether thousands have their ballots counted in November's election.

Three judges from the 10th Circuit Court of Appeals heard arguments in the case Tuesday from Kansas Secretary of State Kris Kobach and the American Civil Liberties Union but didn't indicate how soon they could rule.

Kansas wants the court to overturn a ruling by a federal judge in May that temporarily blocked the state from disenfranchising people who registered at motor vehicle offices but didn't provide documents such as birth certificates or naturalization papers. That was about 18,000 people at the time. If the order is allowed to stand, the state says up to an estimated 50,000 people who haven't proven they're citizens could have their votes counted in the fall.

Since 1993, states have had to allow people to register to vote when they apply for or renew their driver's licenses. The so-called motor-voter law says that people can only be asked for "minimal information" when registering to vote, allowing them to simply affirm they are citizens.

The ACLU claims the law intended to increase registration doesn't allow states to ask applicants for extra documents. It also says that motor vehicle clerks don't tell people renewing existing licenses that they need to provide the documents, leaving them under the mistaken impression that their registration is complete when they leave the office.



Differences aside, Supreme Court unites Trump, Senate GOP
Legal Business | 2016/08/22 09:44
Differences aside, Donald Trump and Senate Republicans are strongly united on one issue — ideological balance on the Supreme Court.

While Democrats are pushing the GOP-led Senate to confirm Supreme Court nominee Merrick Garland by the end of President Barack Obama's term, Majority Leader Mitch McConnell, R-Ky., has been resolute in blocking him, saying the next president should fill the high court vacancy. Republicans maintain it's a winning political strategy in a year when some GOP rank and file are struggling with reasons to vote for their nominee.

"I would argue that it's one of the few ties that binds right now in the Republican Party," said Josh Holmes, McConnell's former chief of staff. "It's one of the things that's kept a Republican coalition together that seems to be fraying with Donald Trump."

Trump himself has made the same argument.

"If you really like Donald Trump, that's great, but if you don't, you have to vote for me anyway," Trump told supporters at a rally last month. "You know why? Supreme Court judges, Supreme Court judges. Have no choice ... sorry, sorry, sorry."

The billionaire businessman has made the future ideological balance of the high court a key issue in the campaign, promising to nominate a conservative in the mold of former Justice Antonin Scalia, who died in February. He often mentions the issue in campaign speeches, as does his vice presidential nominee, Indiana Gov. Mike Pence.

Pence often spends several minutes of his standard campaign speech reminding crowds of the importance of the court and conservative values. To loud cheers, he warns that a court in Hillary Clinton's hands could push through amnesty for immigrants living in the country illegally and strip individuals' rights to own guns, a reversal of the Second Amendment that Clinton has rejected.



Polish prosecutors investigate court head for abuse of power
Lawyer News | 2016/08/19 14:42
Polish prosecutors have opened an investigation into the head of the country's Constitutional Tribunal to determine if he abused his power in not allowing judges appointed by the ruling party to take part in rulings.
 
The investigation into Andrzej Rzeplinski, which opened Thursday, is the latest development in an ongoing conflict between the Polish government and the constitutional court, whose role is similar to the U.S. Supreme Court.

The government's conflict with the court has raised international concerns about the state of democracy in Poland, and the political opposition and other critics have slammed the investigation into Rzeplinski as an attack on the separation of powers.

Amid the conflict, Rzeplinski has emerged as one of the key symbols of resistance against the right-wing government, which has moved to centralize power since winning elections last year. The investigation is seen by many as an attempt to discredit him since he enjoys, at least for now, immunity from prosecution. His term as head of the court also expires in December.


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