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Judges, past finalists among candidates for top Kansas court
Legal Business | 2019/12/23 09:48
Two members of the Kansas attorney general's staff who were finalists for a previous appointment and four lower-court judges are seeking to fill a vacancy on the state Supreme Court.

A lawyer-led state nominating commission is scheduled to interview 17 candidates for the high court Jan. 16 and 17. The commission will name three finalists for Democratic Gov. Laura Kelly to consider, and she will have until March 17 to pick one.

The vacancy was created by former Supreme Court Chief Justice Lawton Nuss' retirement last week. The next senior justice, Marla Luckert, became chief justice.

It will be Kelly's second appointment to the seven-member court within three months. Last week, the governor appointed Shawnee County District Judge Evelyn Wilson to replace retired Justice Lee Johnson.

The two finalists for that spot were Deputy Attorney General Dennis Depew and Assistant Solicitor General Steven Obermeier.



Court Will Hear Trump's Pleas to Keep Financial Records Private
Legal Business | 2019/12/14 13:33
The Supreme Court said Friday it will hear President Donald Trump's pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.

Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump's tax returns as part of an ongoing criminal investigation.

The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it's almost certain the court won't hear the cases until after a Senate trial over whether to remove Trump has ended.

Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.



Justices question Alaska $500-a-year contribution limit
Legal Business | 2019/11/25 10:03
The Supreme Court is raising doubts about Alaska’s $500-a-year limit on contributions to political candidates. The justices are ordering a lower court to take a new look at the issue.

The court says in an unsigned opinion Monday that federal judges who had rejected a challenge to the contribution cap did not take account of a 2006 high court ruling invalidating low-dollar limits on political contributions in Vermont.

The Alaska challengers argue that the state is alone in imposing such low limits even on gubernatorial candidates “who must campaign across Alaska’s vast expanse and widely dispersed media markets.”

Justice Ruth Bader Ginsburg wrote in a short separate opinion that Alaska’s reliance on the energy industry may make the state unusually vulnerable to political corruption and justify low limits.



Ohio Supreme Court keeps camera challenge alive
Legal Business | 2019/11/19 19:21
Ohio’s Supreme Court has rejected Toledo’s motion to dismiss a challenge to how the city handles appeals of citations related to camera-captured traffic violations.

The high court recently rejected the motion to dismiss a challenge by Susan Magsig, of Woodville.

The Toledo Blade reports  Magsig received a citation alleging a camera held by a police officer caught her vehicle traveling 75 mph in a 60 mph-zone. Magsig argues Toledo violates state law by considering such appeals through an administrative hearing rather than through municipal court.

The city argues the case shouldn’t continue because a lower court’s preliminary ruling prevents enforcement of a state law giving local courts jurisdiction over all traffic violations. Magsig’s attorney says she isn’t bound by that ruling involving a legal dispute between the city and state.


Roggensack Re-Elected as Wisconsin Supreme Court Chief
Legal Business | 2019/04/28 14:54
Wisconsin Supreme Court Chief Justice Patience Roggensack has been re-elected to a third, two-year term leading the court.

The court announced her re-election by fellow justices Tuesday. The result was public, but the vote was done in secret and the breakdown was not announced.

Roggensack replaced Justice Shirley Abrahamson as chief justice in 2015 after voters approved a constitutional amendment giving justices the power to elect the chief justice. Prior to that it had automatically gone to the longest-serving member, who is Abrahamson.

Roggensack is one of the four majority conservative justices. Abrahamson is one of three minority liberal members.

Roggensack says in a statement that she is honored to continue serving as chief justice. She has been on the Supreme Court since 2003.

The chief justice also serves as the administrative head of Wisconsin's judicial system.


Supreme Court to take up LGBT job discrimination cases
Legal Business | 2019/04/20 09:05
The Supreme Court is taking on a major test of LGBT rights in cases that look at whether federal civil rights law bans job discrimination on the basis of sexual orientation and gender identity.

The justices said Monday they will hear cases involving people who claim they were fired because of their sexual orientation and another that involves a funeral home employee who was fired after disclosing that she was transitioning from male to female and dressed as a woman.

The cases will be argued in the fall, with decisions likely by June 2020 in the middle of the presidential election campaign. The issue is whether Title VII of the federal Civil Rights Act of 1964, which prohibits sex discrimination, protects LGBT people from job discrimination. Title VII does not specifically mention sexual orientation or transgender status, but federal appeals courts in Chicago and New York have ruled recently that gay and lesbian employees are entitled to protection from discrimination. The federal appeals court in Cincinnati has extended similar protections for transgender people.

The big question is whether the Supreme Court, with a strengthened conservative majority, will do the same. The cases are the court's first on LGBT rights since the retirement of Justice Anthony Kennedy, who authored the court's major gay rights opinions. President Donald Trump has appointed two justices, Neil Gorsuch and Brett Kavanaugh.

The justices had been weighing whether to take on the cases since December, an unusually long time, before deciding to hear them. It's unclear what caused the delay.


Supreme Court to consider Louisiana's non-unanimous juries
Legal Business | 2019/03/18 16:33
The Supreme Court will consider banning non-unanimous juries in criminal cases in Louisiana, the only state that still allows them.

The justices said Monday they will hear an appeal from a man who was convicted of second-degree murder by a jury's 10-2 vote. First-degree murder charges already require a unanimous jury to convict.

Oregon voters recently approved a state constitutional amendment that ended Oregon's use of divided juries to convict some criminal defendants.

The high court also is agreeing Monday to decide whether states can eliminate the so-called insanity defense for criminal defendants without violating the Constitution.

The appeal comes from a Kansas man who has been sentenced to death for killing his estranged wife, their two daughters and the wife's grandmother. The cases will be argued in the fall.


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