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Nevada Officials Won't Defend Gay Marriage Ban
Press Release | 2014/02/13 14:48
In an about-face, Nevada has decided against defending its constitutional ban on same-sex marriages, the latest step in a series of battles being waged across the nation on the volatile issue.

Nevada's attorney general and governor said Monday that they won't defend the state's gay marriage ban pending before a federal appeals court, saying a recent court decision made the state's arguments "no longer defensible."

Attorney General Catherine Cortez Masto filed a motion with the 9th Circuit Court of Appeals that said Nevada's legal arguments supporting the voter-approved prohibition aren't viable in light of the court's recent ruling that said potential jurors cannot be removed from a trial during jury selection solely because of sexual orientation.

"After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable," Masto said in a statement.

Nevada's move comes as courts around the country and the federal government have chipped away at laws that prohibit same-sex marriage and benefits in recent months. Meanwhile, some states and interest groups have rallied to defend limiting marriage to between a man and a woman.


Minn. Supreme Court dismisses Vikings stadium suit
Press Release | 2014/01/24 13:15
Minnesota's Supreme Court on Tuesday dismissed a lawsuit challenging the funding plan for a new Vikings football stadium, eliminating a legal obstacle that threatened a last-minute derailment of the project.

Minnesota finance officials postponed a $468 million bond sale while the case was pending. After the ruling, the chairwoman of the government authority managing the construction said she believed the project could be kept on schedule, despite earlier worries about possible delays and cost overruns.

"We are confident that we will be able to move forward very quickly, to get the financing in place for the bond sale and to keep things on track," said Michele Kelm-Helgen, board chairwoman for the Minnesota Sports Facilities Authority.

The nearly $1 billion stadium, on the Metrodome site in downtown Minneapolis, has a planned opening of July 2016.

Doug Mann, an activist and former Minneapolis mayoral candidate, filed the Supreme Court lawsuit on Jan. 10, arguing the stadium funding plan was unconstitutional. But the state's highest court disagreed.

State law "does not confer original jurisdiction on the court to resolve all challenges to legislation authorizing the use of appropriation bonds," the court's five-page ruling read. It was unsigned and issued "per curiam," meaning on behalf of the entire court. Justice Alan Page, a former Minnesota Vikings player, did not participate.


Court weighs president's recess appointments power
Press Release | 2014/01/13 14:16
The Supreme Court is refereeing a politically charged dispute between President Barack Obama and Senate Republicans over the president's power to temporarily fill high-level positions.

The case being argued at the high court Monday is the first in the nation's history to consider the meaning of the provision of the Constitution that allows the president to make temporary appointments to positions that otherwise require Senate confirmation, but only when the Senate is in recess.

The court battle is an outgrowth of increasing partisanship and the political stalemate that's been a hallmark of Washington for years, and especially since Obama took office in 2009.

Senate Republicans' refusal to allow votes for nominees to the National Labor Relations Board and the new Consumer Financial Protection Bureau led Obama to make the temporary, or recess, appointments in January 2012.

Three federal appeals courts have said Obama overstepped his authority because the Senate was not in recess when he acted.

The Supreme Court case involves a dispute between a Washington state bottling company and a local Teamsters union in which the NLRB sided with the union. The U.S. Court of Appeals for the District of Columbia Circuit overturned the board's ruling. Hundreds more NLRB rulings could be voided if the Supreme Court upholds the appeals court decision.


Sotomayor delays health law's birth control mandate
Press Release | 2014/01/02 13:40
Only hours before the law was to take effect, a Supreme Court justice on Tuesday blocked implementation of part of President Obama's health care law that would have forced some religion-affiliated organizations to provide health insurance for employees that includes birth control coverage.

Justice Sonia Sotomayor's decision came after a different effort by Catholic-affiliated groups from around the U.S. Those groups had rushed to the federal courts to stop Wednesday's start of portions of the Affordable Care Act, also known as Obamacare.

Sotomayor acted on a request from an organization of Catholic nuns in Denver, the Little Sisters of the Poor Home for the Aged. Its request for an emergency stay had been denied earlier in the day by a federal appeals court.

The government is "temporarily enjoined from enforcing against applicants the contraceptive coverage requirements imposed by the Patient Protection and Affordable Care Act," Sotomayor said in the order. She gave government officials until 10 a.m. EST (1500 GMT) Friday to respond to her order.

The law requires employers to provide insurance that covers a range of preventive care, free of charge, including contraception. The Catholic Church prohibits the use of contraceptives. That was not acceptable, said the nuns' lawyer, Mark L. Rienzi.


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