|
|
|
N.J. gay-marriage case must begin in lower court
Headline Topics |
2010/07/27 09:03
|
pThe push for gay marriage in New Jersey suffered a setback Monday when the state Supreme Court said six gay couples who claim New Jersey has denied them the rights granted to married heterosexual couples must argue their case through the lower courts.
The court was split, 3-3, in the decision; four affirmative votes are needed for a motion to be granted. /ppChief Justice Stuart Rabner and Justices Roberto Rivera-Soto and Helen Hoens said in an order that the issue cannot be decided without the development of an appropriate trial-like record, and denied the plaintiffs' motion without prejudice. /ppThey added that they reached no conclusion on the merits of the plaintiffs' allegations that the Civil Union Act violates their constitutional rights./p |
|
|
|
|
|
|
Mass. judge who wrote gay marriage ruling retiring
Headline Topics |
2010/07/22 09:49
|
| pMassachusetts Chief Justice Margaret Marshall said Wednesday that while she understands her tenure on the state's high court will always be linked to the legalization of gay marriage, that case holds no greater importance in her mind than the hundreds of other rulings she authored./ppI'm proud of every decision, said Marshall, who surprised even her closest colleagues with the announcement that she planned to retire from the bench by the end of October to spend more time with her husband, former New York Times columnist Anthony Lewis, who has been diagnosed with Parkinson's disease./ppThe court's 4-3 ruling in the 2003 case called Goodrich v. Department of Public Health paved the way for Massachusetts to become the first U.S. state to allow same-sex couples to wed, igniting a fierce national debate over gay marriage that continues to this day./ppWhether and whom to marry, how to express sexual intimacy, and whether and how to establish a family — these are among the most basic of every individual's liberty and due process rights, Marshall wrote./ppThe chief justice recalled how a courtroom packed with hundreds of people quickly cleared out after the court heard arguments in the gay marriage case, leaving only a handful of people who were there for other matters./p |
|
|
|
|
|
|
Judicial Vacancies Slow the Wheels of Justice
Headline Topics |
2010/07/12 09:58
|
| pAs the Senate prepares to vote on whether Elena Kagan should fill the vacancy on the U.S. Supreme Court, there remain a substantial number of other vacancies in the nation’s lower federal courts that urgently need filling. /ppCurrently, there are about 100 vacancies in the lower federal courts. The American Bar Association says the lack of judges is affecting the efficiency and fairness of the justice system. /ppABA President Carolyn B. Lamm said, “Our courts are already terribly strained at the federal level because of the caseload and the workload, and when you’re a hundred justices down…that’s a big gap.nbsp; We have speedy trial rules that require them to put criminal cases first.nbsp; As a result, all of the civil proceedings are put off and there is a real gap in terms of a significant delay as a result of the vacancies. It is edging toward a crisis not to have a full bench.” /ppEven if all the vacancies were filled, said Lamm, a significant number of new judgeships would still be necessary to handle caseload growth.nbsp; In fact, the Judicial Conference of the United States is recommending 67 new permanent and temporary judgeships.nbsp; /ppBeyond the existing 100 vacancies, more than 20 additional judges have announced that they will retire in the next several months. Since the start of the 111th Congress, President Obama has made 78 nominations to fill the empty seats, and the Senate has confirmed 36 of the nominees. nbsp; /ppLamm noted that most nominees have moved through the Senate with little dissent and little delay. /ppWhen they finally are scheduled for a vote by the Senate, Lamm commented, “None of them have in fact engendered huge debate on the floor of the Senate….nbsp; No one has seen a pattern of inappropriate people being nominated; it is simply very slow and it really needs a full bipartisan effort to move these nominations. And quite frankly, it is becoming urgent,” said Lamm. /p |
|
|
|
|
|
|
Chinese court sentences US geologist to 8 years
Headline Topics |
2010/07/05 06:53
|
pAn American geologist detained and tortured by China's state security agents over an oil industry database was jailed for eight years Monday in a troubling example of China's rough justice system and the way the U.S. government handles cases against its citizens./ppBeijing's No. 1 Intermediate People's Court convicted Xue Feng of collecting intelligence and illegally providing state secrets and immediately sentenced him./ppXue's lawyer Tong Wei described the sentence as very heavy, just short of the maximum 10 years, and said he would confer with Xue over whether to appeal. Xue was also fined 200,000 yuan ($30,000)./ppThe U.S. Ambassador to China, Jon Huntsman, witnessed the sentencing in a show of high-level U.S. government concern about the case. Afterward, the U.S. Embassy released a statement saying it was dismayed and urged China to grant Xue humanitarian release and immediately deport him./ppFor Xue, the verdict comes more than six months since the last court hearing and two and a half years after he was detained — a protracted prosecution and pretrial detention that Chinese officials never explained./ppBorn in China and trained at the University of Chicago, Xue ran afoul of the authorities for arranging the sale of a detailed commercial database on China's oil industry to IHS Energy, the energy consulting firm he worked for that is now known as IHS Inc. and based in Colorado.
/p |
|
|
|
|
|
Legal News RSS Feed
