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Census, redistricting top remaining Supreme Court cases
Industry News |
2019/06/23 10:50
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The Supreme Court enters its final week of decisions with two politically charged issues unresolved, whether to rein in political line-drawing for partisan gain and allow a citizenship question on the 2020 census.
Both decisions could affect the distribution of political power for the next decade, and both also may test Chief Justice John Roberts’ professed desire to keep his court of five conservatives appointed by Republican presidents and four liberals appointed by Democrats from looking like the other, elected branches of government. Decisions that break along the court’s political and ideological divide are more likely to generate criticism of the court as yet another political institution.
In addition, the justices could say as early as Monday whether they will add to their election-year calendar a test of President Donald Trump’s effort to end an Obama-era program that shields young immigrants from deportation. The court’s new term begins in October.
Twelve cases that were argued between November and April remain to be decided. They include disputes over: a trademark sought by the FUCT clothing line, control of a large swatch of eastern Oklahoma that once belonged to Indian tribes and when courts should defer to decisions made by executive branch agencies.
But the biggest cases by far involve the citizenship question the Trump administration wants to add to the census and two cases in which lower courts found that Republicans in North Carolina and Democrats in Maryland went too far in drawing congressional districts to benefit their party at the expense of the other party’s voters.
The Supreme Court has never invalidated districts on partisan grounds, but the court has kept the door open to these claims. The court has struck down districts predominantly based on race.
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Option to undo some DUI convictions yet to be widely sought
Industry News |
2019/06/19 10:45
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Court officials and lawyers in North Dakota say few people have tried to undo convictions for refusing DUI blood tests in the year since a state Supreme Court opinion offered a narrow pathway for doing so.
The North Dakota high court ruled in 2018 that a 2016 U.S. Supreme Court decision found it unconstitutional to criminalize refusal of a warrantless blood draw applies retroactively. The 2016 decision was based on cases in North Dakota and Minnesota involving alcohol testing.
The North Dakota justices said in their ruling that any post-conviction relief applies "in very limited circumstances" such as time of the conviction and the "legal landscape" as it existed at the time of each case. Even so, Bismarck attorney Dan Herbel, who argued in both the 2016 and 2018 cases, said it doesn't appear many people are taking advantage of the state ruling.
"I don't know if a lot of people are even aware that they have the option of vacating a prior conviction based upon these cases," Herbel told The Bismarck Tribune.
The Minnesota Supreme Court in late 2018 also ruled that the U.S. Supreme Court case applies retroactively.
Attorney Jonathan Green, of Wahpeton, said he's sent letters to people he can find who have convictions for refusing warrantless blood draws. He's received phone calls from about a dozen people and has filed petitions for about half. Judges earlier this month vacated Burleigh County convictions for a Fargo woman and a Bismarck man for whom Green sought relief under the state Supreme Court ruling. |
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Brazil's supreme court votes to make homophobia a crime
Industry News |
2019/06/14 09:28
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Brazil's supreme court officially made homophobia and transphobia crimes similar to racism on Thursday, with the final justices casting their votes in a ruling that comes amid fears the country's far-right administration is seeking to roll back LGBT social gains.
Six of the Supreme Federal Tribunal's 11 judges had already voted in favor of the measure in late May, giving the ruling a majority. The final justices voted Thursday for a tally of eight votes for and three against.
Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.
The court's judges have said the ruling was to address an omission that had left the LGBT community legally unprotected.
"In a discriminatory society like the one we live in, the homosexual is different and the transsexual is different. Every preconception is violence, but some impose more suffering than others," said justice Carmen Lucia.
Justice Ricardo Lewandowski, one of the judges who voted against the measure, recognized the lack of congressional legislation on the issue but said he voted against putting homophobia inside the framework of the racism legislation because only the legislature has the power to create "types of crimes" and set punishments.
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Kansas court OKs school funding law but keeps lawsuit open
Industry News |
2019/06/12 09:28
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The Kansas Supreme Court signed off Friday on an increase in spending on public schools that the Democratic governor pushed through the Republican-controlled Legislature, but the justices refused to close the protracted education funding lawsuit that prompted their decision.
The new school finance law boosted funding roughly $90 million a year and was enacted in April with bipartisan support. The court ruled that the new money was enough to satisfy the Kansas Constitution but also said it was keeping the underlying lawsuit open to ensure that the state keeps its funding promises.
"The State has substantially complied with our mandate," the court said in its unsigned opinion, referencing a decision last year that the state wasn't spending enough.
Gov. Laura Kelly had hoped the Supreme Court would end the lawsuit, which was filed by four local school districts in 2010. The districts' attorneys argued the new law would not provide enough new money after the 2019-20 school year and wanted the court to order additional increases.
Kansas spends more than $4 billion a year on its public schools — about $1 billion more than it did during the 2013-14 school year — because of the court's decisions. Some Republican lawmakers, particularly conservatives, have complained that the court has infringed on lawmakers' power under the state constitution to make spending decisions.
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Estranged husband, girlfriend in court for missing mom case
Industry News |
2019/06/01 09:44
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A missing mother of five's estranged husband and his girlfriend are set to make their first court appearances in Connecticut after being charged with evidence tampering and hindering prosecution .
Fotis Dulos and Michelle Troconis are scheduled to be arraigned Monday at Norwalk Superior Court.
Both were arrested Saturday night in connection with the investigation into the May 24 disappearance of 50-year-old Jennifer Dulos in New Canaan. She was last seen dropping off her children at school and is still missing.
Details of the charges have not been released.
Jennifer and Fotis Dulos have been embroiled in a contentious divorce and child custody case for the past two years. It wasn't clear if Dulos and Troconis have criminal court lawyers who could respond to the allegations. |
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High court sides with Crow tribe member in hunting dispute
Industry News |
2019/05/19 14:49
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The Supreme Court on Monday sided with a member of the Crow tribe who was fined for hunting elk in Wyoming's Bighorn National Forest, giving him a good chance to get a more than $8,000 fine against him overturned.
The case the justices decided 5-4 is a win for Clayvin Herrera and his tribe, which had argued they had hunting rights in the forest.
Herrera's case began in 2014 when he went hunting with family. The group began on the Crow tribe's reservation in southern Montana but crossed into the neighboring Bighorn National Forest in Wyoming, where they killed several elk.
Soon after, a game warden saw photos Herrera posted on a bragging website for hunters, including one of him crouched in the snow behind an elk he shot and another with its antlers balanced on his shoulders. The game warden ultimately identified the area where the photos were taken in the Bighorn National Forrest, and Herrera was cited for killing an elk there during the winter, when it is prohibited.
But Herrera, backed by the federal government, argued that when his tribe gave up land in present-day Montana and Wyoming under an 1868 treaty, the tribe retained the right to hunt on the land, including land that became Wyoming's Bighorn National Forest.
The state of Wyoming had argued that the Crow tribe's hunting rights ceased to exist after Wyoming became a state in 1890 or after Bighorn National Forest was established in 1897. But the Supreme Court disagreed, with Justice Neil Gorsuch joining his four liberal colleagues - justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan - in ruling for Herrera.
The court's four other justices said they would have ruled that a prior case settled that Crow tribe members like Herrera don't have an unrestricted right to hunt and fish in the Bighorn National Forest and are subject to the game laws of Wyoming. |
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A loophole could keep young terror suspects out of US courts
Industry News |
2019/05/07 10:15
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The Justice Department's ability to charge minors for supporting terrorist groups has been hampered by a 2018 Supreme Court decision, forcing prosecutors to hand off at least one such case to local authorities in a state without anti-terrorism laws.
The court's decision in a case unrelated to terrorism opened a loophole that could allow young supporters of groups like the Islamic State to skate on charges from the federal government.
The legal gap was highlighted by the case of Matin Azizi-Yarand , who was sentenced in a Texas state court last month after plotting to shoot police officers and civilians at a suburban shopping mall in an Islamic State-inspired rampage planned to coincide with the Muslim holiday of Ramadan.
In most cases like this, federal prosecutors would have brought terrorism charges. But U.S. prosecutors in Texas didn't charge Azizi-Yarand because he was 17 at the time and considered a minor under federal law.
Federal law allows prosecutors to charge anyone supporting or working with a State Department-designated terror group, even if the person was not in contact with the group. But to charge a juvenile with providing material support to a foreign terrorist organization, the attorney general would have to determine that the suspect committed what's known as a "crime of violence" under federal law.
The Supreme Court struck down part of that law last year, finding it too vague to be enforced in the case of a Philippine man who was facing deportation over burglary convictions. Justice Neil Gorsuch joined the court's more liberal judges, finding that the law crossed constitutional boundaries and that the law was not specific enough because it failed to adequately define what would be a violent crime. |
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