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Mississippi marijuana program hinges on initiative arguments
Lawyer News |
2021/04/11 10:45
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The Mississippi Supreme Court heard arguments Wednesday in a lawsuit that’s trying to block a voter-approved medical marijuana program by arguing that the the issue should not have been on the ballot.
Arguments were not about marijuana. Instead, they were about Mississippi’s initiative process.
Voters in November approved Initiative 65, which requires the state Health Department to establish a medical marijuana program by the middle of this year. The department is working to create a program, even as the legal fight continues.
To get Initiative 65 on the statewide ballot, organizers gathered signatures from the five congressional districts that Mississippi used during the 1990s. They did that based on legal advice issued years ago by the state attorney general’s office.
Madison Mayor Mary Hawkins Butler filed a lawsuit days before the election, contending that the state’s initiative process is outdated.
The Mississippi Constitution says petitioners must gather an equal number of signatures from five congressional districts. The state dropped from five congressional districts to four after the 2000 Census, but the constitution’s language about initiatives was not updated. Butler’s lawsuit argues that this creates a mathematical impossibility with four districts because the constitution still specifies that no more than one-fifth of the signatures may come from any single district.
In papers filed Dec. 28 and in the Supreme Court on Wednesday, state attorneys argued that Mississippi has two sets of congressional districts ? one set used for congressional elections and one set used for other purposes.
Attorneys for Butler argued that the only purpose of a congressional district is to have geographical boundaries for electing U.S. House members.
Butler opposed Initiative 65 because it limits a city’s ability to regulate the location of medical marijuana businesses.
The Health Department, the Mississippi Municipal League and some others filed briefs supporting Butler’s lawsuit. The Health Department argued that Initiative 65 seeks to transform the department “into something it is not,” even as the department is stretched because of the coronavirus pandemic.
During the legislative session that recently ended, the Senate tried to create rules for a state medical marijuana program, but the House defeated the effort. Republican Sen. Kevin Blackwell of DeSoto County said the proposal was a backstop to have a program in place in case the Supreme Court agrees with Butler and invalidates Initiative 65. But supporters of Initiative 65 balked at the Senate’s proposal, saying they saw it as an attempt to usurp the will of the voters. |
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High court sides with Google in copyright fight with Oracle
Lawyer News |
2021/04/05 10:59
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The Supreme Court sided Monday with Google in an $8 billion copyright dispute with Oracle over the internet company’s creation of the Android operating system used on most smartphones worldwide.
To create Android, which was released in 2007, Google wrote millions of lines of new computer code. But it also used 11,330 lines of code and an organization that’s part of Oracle’s Java platform.
Google had argued that what it did is long-settled, common practice in the industry, a practice that has been good for technical progress. And it said there is no copyright protection for the purely functional, noncreative computer code it used, something that couldn’t be written another way. But Austin, Texas-based Oracle said Google “committed an egregious act of plagiarism,” and it sued.
The justices ruled 6-2 for Google Inc., based in Mountain View, California. Two conservative justices dissented.
Justice Stephen Breyer wrote that in reviewing a lower court’s decision, the justices assumed “for argument’s sake, that the material was copyrightable.”
“But we hold that the copying here at issue nonetheless constituted a fair use. Hence, Google’s copying did not violate the copyright law,” he wrote.
Justice Clarence Thomas wrote in a dissent joined by Justice Samuel Alito that he believed “Oracle’s code at issue here is copyrightable, and Google’s use of that copyrighted code was anything but fair.”
Only eight justices heard the case because it was argued in October, after the death of Justice Ruth Bader Ginsburg but before Justice Amy Coney Barrett joined the court.
In a statement, Google’s chief legal officer, Kent Walker, called the ruling a “victory for consumers, interoperability, and computer science.” “The decision gives legal certainty to the next generation of developers whose new products and services will benefit consumers,” Walker wrote.
Oracle’s chief legal officer, Dorian Daley, condemned the outcome. “The Google platform just got bigger and market power greater. The barriers to entry higher and the ability to compete lower. They stole Java and spent a decade litigating as only a monopolist can,” she wrote in a statement.
Microsoft, IBM and major internet and tech industry lobbying groups had weighed in on the case in favor of Google. The Motion Picture Association and the Recording Industry Association of America were among those supporting Oracle.
The case is Google LLC v. Oracle America Inc., 18-956. |
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Israel revokes permit of Palestinian foreign minister
Lawyer News |
2021/03/22 13:24
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Israel on Sunday revoked the VIP permit of the Palestinian foreign minister after he returned to the West Bank from a trip to the International Criminal Court in the Hague, Israeli and Palestinian officials confirmed.
The move appeared to be Israeli retaliation for Palestinian support for the ICC’s war crimes investigation against Israel.
A Palestinian official said Foreign Minister Riad Malki was stopped Sunday as he entered the West Bank from Jordan through the Israeli-controlled crossing. Malki’s VIP card was seized, the official said, speaking on condition of anonymity because he was discussing a sensitive diplomatic issue. Losing the VIP status makes it harder for him to move through Israeli military checkpoints in the West Bank, and traveling abroad will require Israeli permission.
Israeli officials, speaking on condition of anonymity because they were not authorized to discuss the matter, confirmed the incident, but directed questions to the Shin Bet security agency, which declined comment. Prime Minister Benjamin Netanyahu’s office declined comment.
The ICC’s chief prosecutor, Fatou Bensouda, announced earlier this month that she was opening an investigation into possible war crimes by Israel committed in the occupied West Bank and blockaded Gaza Strip.
The investigation is expected to look at the Israeli military’s conduct in a 2014 war against Hamas militants and during months of mass protests along Gaza’s frontier with Israel in which dozens of Palestinian were killed or wounded by Israeli gunfire. Israel has said its actions were legitimate acts of defense.
The probe also is set to examine Israel’s settlement policies in the West Bank and east Jerusalem, areas captured in 1967 and claimed by the Palestinians for a hoped-for independent state.
According to the Palestinian Foreign Ministry, Malki met with Bensouda last Thursday and urged her to expedite the investigations “to end the era of impunity and to start the path of accountability” of Israel.
The investigation was launched in response to a request by the Palestinians, who joined the court in 2015 after being granted nonmember observer status in the U.N. General Assembly.
Israel has fiercely condemned the investigation, accusing the ICC of bias and saying it has no jurisdiction since the Palestinians do not have a state. Israel is not a member of the ICC, but its citizens could be subject to arrest abroad if warrants are issued.
The court said last week it has sent formal notices to both sides about the impending investigation, giving them a month to seek deferral by proving they are carrying out their own investigations.
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High court orders full disability for worker whose lost limb
Lawyer News |
2021/03/11 11:00
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The South Dakota Supreme Court has ordered the state to grant a man whose lower leg was amputated as a result of a work injury permanent and total disability benefits.
Steven Billman was working at Clarke Machine when he cut his foot on a metal shaving in February 2015. His foot became infected and surgeons at Avera Hospital in Sioux Falls had to amputate his right leg just below the knee.
Billman is 64 and has multiple medical conditions, including diabetes. The state Department of Labor and Regulation granted Billman partial disability payments for 2 1/2 years. In 2018, Billman argued that he deserved permanent, total disability benefits, the Rapid City Journal reported.
The department said that while Billman did have some disabilities, he could still do some physical work, has the ability to adapt and learn new technology, and that his age doesn’t prevent him from finding work.
Billman appealed to the Hughes County Court where Judge Christina Klinger upheld that he was not unemployable and inappropriately limited the geographical size of his work search.
The justices this week concluded the department’s determination that Billman is not unemployable” is clearly erroneous.”
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Supreme Court could put new limits on voting rights lawsuits
Lawyer News |
2021/03/01 11:30
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Eight years after carving the heart out of a landmark voting rights law, the Supreme Court is looking at putting new limits on efforts to combat racial discrimination in voting.
The justices are taking up a case about Arizona restrictions on ballot collection and another policy that penalizes voters who cast ballots in the wrong precinct.
The high court’s consideration comes as Republican officials in the state and around the country have proposed more than 150 measures, following last year’s elections, to restrict voting access that civil rights groups say would disproportionately affect Black and Hispanic voters.
A broad Supreme Court ruling would make it harder to fight those efforts in court. Arguments are set for Tuesday via telephone, because of the coronavirus pandemic.
“It would be taking away one of the big tools, in fact, the main tool we have left now, to protect voters against racial discrimination,” said Myrna Perez, director of the Brennan Center for Justice’s voting rights and elections program.
Arizona Attorney General Mark Brnovich, a Republican, said the high court case is about ballot integrity, not discrimination. “This is about protecting the franchise, not disenfranchising anyone,” said Brnovich, who will argue the case on Tuesday.
President Joe Biden narrowly won Arizona last year, and since 2018, the state has elected two Democratic senators.
The justices will be reviewing an appeals court ruling against a 2016 Arizona law that limits who can return early ballots for another person and against a separate state policy of discarding ballots if a voter goes to the wrong precinct.
The 9th U.S. Circuit Court of Appeals ruled that the ballot-collection law and the state policy discriminate against minority voters in violation of the federal Voting Rights Act and that the law also violates the Constitution.
The Voting Rights Act, first enacted in 1965, was extremely effective against discrimination at the ballot box because it forced state and local governments, with a history of discrimination, including Arizona, to get advance approval from the Justice Department or a federal court before making any changes to elections.
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Judge says lawyer who killed her son also tracked Sotomayor
Lawyer News |
2021/02/19 17:49
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The lawyer who killed a federal judge’s son and seriously wounded her husband at their New Jersey home last summer also had been tracking Supreme Court Justice Sonia Sotomayor, the judge said in a television interview.
U.S. District Judge Esther Salas said FBI agents discovered the information in a locker belonging to the lawyer, Roy Den Hollander. “They found another gun, a Glock, more ammunition. But the most troubling thing they found was a manila folder with a workup on Justice Sonia Sotomayor,” Salas said in an interview with CBS News’ “60 Minutes.” The segment is scheduled for broadcast Sunday, but a portion of the interview aired Friday on “CBS This Morning.”
Both the Supreme Court and the FBI declined to comment Friday. “We do not discuss security as a matter of Court policy,” court spokeswoman Kathy Arberg said in an email.
Authorities have said Den Hollander, a men’s rights lawyer with a history of anti-feminist writings, posed as a FedEx delivery person and fatally shot 20-year-old Daniel Anderl and wounded his father, Mark Anderl, in July. Salas was in another part of the home at the time and was not injured.
Den Hollander, 72, was found dead of a self-inflicted gunshot wound the day after the ambush. Authorities believe he also shot and killed a fellow attorney in California in the days before the attack at Salas’ home.
The AP has previously reported that when Den Hollander was found dead he had a document with him with information about a dozen female judges from across the country, half of whom are Latina, including Salas.
Salas has been calling for more privacy and protections for judges, including scrubbing personal information from the internet, to deal with mounting cyberthreats. The U.S. Marshals Service, which protects about 2,700 federal judges, said there were 4,449 threats and inappropriate communications in 2019, up from 926 such incidents in 2015.
Legislation named for Salas’ son that would make it easier to shield judges’ personal information from the public failed to pass the Senate in December, but could be reintroduced this year. |
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Polish court rules record compensation for wrongful jailing
Lawyer News |
2021/02/10 13:25
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A Polish court on Monday ordered a record high compensation of nearly 13 million zlotys ($3.4 million) to a man who had spent 18 years in prison for a rape and murder of a teenager he didn’t commit.
Tomasz Komenda’s case has shocked Poland, and the right-wing government highlighted it as an example of why it says the justice system needs the deep changes it has been implementing.
Komenda, now in his mid-40s was arrested in 2000 over a 1997 rape and murder of a 15-year-old girl at a New Year’s village disco party. He was initially handed a 15-year prison term, which was later increased to 25 years, despite him protesting his innocence.
As a result of family efforts, the prosecutors reviewed the case and came to the conclusion that he couldn’t have committed the crime. Komenda was cleared after DNA tests, among other factors, showed that he wasn’t involved.
Komenda was acquitted of all charges and released in 2018, having wrongfully served 18 years of his term. He had been seeking 19 million zlotys ($5 million) in damages and in compensation.
A court in Opole ruled Monday that he should receive most of that amount — the highest ever compensation awarded in Poland. The verdict is subject to appeal.
Two other men have been convicted and handed 25-year prison terms in the 1997 case. Komenda’s story was told in 2020 Polish movie “25 Years of Innocence. The Case of Tomek Komenda.” |
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