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Bryant tells court it should affirm same-sex marriage ruling
Industry News |
2015/07/05 14:07
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Gov. Phil Bryant remains opposed to the U.S. Supreme Court ruling legalizing same-sex marriage nationwide, but he’s stopping his court fight against it.
In a letter Wednesday, Bryant’s lawyer asks the 5th U.S. Circuit Court of Appeals to return a Mississippi gay marriage lawsuit to U.S. District Judge Carlton Reeves in Jackson. That would allow Reeves to enter a final ruling aligned with the Supreme Court decision.
Reeves overturned Mississippi’s gay marriage ban last year, but put his ruling on hold. The appeals court also put a hold on Reeves’ ruling.
Those procedural blocks need to be lifted, but most Mississippi counties are already issuing marriage licenses to same-sex couples.
Lawyers for plaintiffs want judges to act before July 4, to “celebrate the promise of liberty and freedom for all.” |
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Oklahoma court to look at blocking Tulsa grand jury probe
Headline Topics |
2015/07/02 14:07
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The Oklahoma Supreme Court said Thursday it will consider whether to stop a grand jury investigation into an embattled sheriff whose longtime friend and volunteer deputy fatally shot an unarmed man.
Attorneys for Tulsa County Sheriff Stanley Glanz want justices to toss out a lower court's decision to empanel a grand jury on July 20. The state Supreme Court late Thursday appointed a referee to hear evidence and arguments in the case on July 14.
More than 6,600 Tulsa residents petitioned for the investigation into whether Glanz neglected his duties and whether reservists who gave gifts to the sheriff were shown special treatment. Glanz's lawyers say some signatures were gathered improperly and the petition should be tossed.
District Judge Rebecca Nightingale on Tuesday rejected Glanz's claims. Terry Simonson, a spokesman for the sheriff, said Glanz is appealing to the high court because the law has been applied incorrectly.
"He has the same rights as every citizen in Oklahoma to defend the position he believes in and the right to appeal based upon that conviction," Simonson said. "That's what he did today."
The petition drive began after reserve deputy Robert Bates, 73, shot and killed Eric Harris on April 2. Harris ran from authorities during a gun-sales sting operation and Bates maintains he confused his stun gun and handgun. Bates has pleaded not guilty to second-degree manslaughter in the slaying.
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High court won't hear Nevada patient dumping case
Lawyer News |
2015/07/01 14:06
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The Supreme Court won't hear an appeal from Nevada over a lawsuit that claims the state wrongfully bused indigent psychiatric patients to San Francisco without paying the costs of their medical care.
The justices on Tuesday let stand a lower court decision that said California state courts have authority to hear the case challenging Nevada's discharge policies.
San Francisco is seeking $500,000 in reimbursement costs for treating 29 patients who were given vouchers for one-way bus tickets to California. It also wants an order barring Nevada from sending over any more patients.
A California Superior Court judge ruled that Nevada could be sued in California because it knew San Francisco would have to spend money on the patients.
Nevada claims the lawsuit interferes with its sovereign powers.
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Supreme Court upholds key tool for fighting housing bias
Headline Topics |
2015/06/25 09:08
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The Supreme Court handed a surprising victory to the Obama administration and civil rights groups on Thursday when it upheld a key tool used for more than four decades to fight housing discrimination.
The justices ruled 5-4 that federal housing laws prohibit seemingly neutral practices that harm minorities, even without proof of intentional discrimination.
Justice Anthony Kennedy, often a swing vote, joined the court's four liberal members in upholding the use of so-called "disparate impact" cases.
The ruling is a win for housing advocates who argued that the housing law allows challenges to race-neutral policies that have a negative impact on minority groups. The Justice Department has used disparate impact lawsuits to win more than $500 million in legal settlements from companies accused of bias against black and Hispanic customers.
In upholding the tactic, the Supreme Court preserved a legal strategy that has been used for more than 40 years to attack discrimination in zoning laws, occupancy rules, mortgage lending practices and insurance underwriting. Every federal appeals court to consider it has upheld the practice, though the Supreme Court had never previously taken it up.
Writing for the majority, Kennedy said that language in the housing law banning discrimination "because of race" includes disparate impact cases. He said such lawsuits allow plaintiffs "to counteract unconscious prejudices and disguised animus that escape easy classification" under traditional legal theories.
"In this way disparate-impact liability may prevent segregated housing patterns that might otherwise result from covert and illicit stereotyping," Kennedy said.
Kennedy was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.
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