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NC voter ID trial delayed as US Supreme Court examines case
Legal Business |
2021/12/21 14:01
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A federal trial set for January on litigation challenging North Carolina’s voter photo identification law has been delayed while the U.S. Supreme Court weighs whether legislative leaders should be permitted to help defend the law in court.
The Supreme Court said last month it would consider the request of House Speaker Tim Moore and Senate leader Phil Berger to formally step in to the case and defend the 2018 law along with state government attorneys.
The lawsuit was previously scheduled to go to trial in Winston-Salem on Jan. 24. In an order issued Thursday, presiding U.S. District Judge Loretta Biggs said it makes sense to delay the start to avoid further confusion over voter ID. Otherwise, a Supreme Court ruling favoring GOP legislators could require a repeal trial.
“While the court is mindful that parties have been preparing for trial, there is no reason that such preparation must go to waste,” Biggs wrote. No new starting date was set.
Berger and Moore have argued that state attorneys led by Attorney General Josh Stein, a Democrat, have not adequately represented the state to defend the law. Biggs and the full U.S. 4th Circuit Court of Appeals have rejected the GOP leaders’ requests.
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Georgia high court says gov naming judge was legal
Legal Business |
2021/12/16 10:59
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The Georgia Supreme Court upheld a lower court decision Tuesday dismissing a challenge to the governor’s appointment of a former state senator as a superior court judge.
The ruling allows Jesse Stone to remain a judge in the Augusta Judicial Circuit. His appointment by Gov. Brian Kemp had been challenged by lawyer Maureen Floyd, who argued Kemp had waited too long to appoint him to fill a vacancy on the court.
The vacancy was created when former judge Michael Annis sent a letter to the governor in December 2019 saying he intended to resign Feb. 1, 2020. The state’s Judicial Nominating Commission on Feb. 17, 2020, submitted a list of four potential candidates to fill the seat, including Stone. Kemp appointed Stone to the seat on Feb. 22, 2021, for a term to end Dec. 31, 2022.
Floyd argued Kemp had waited too long because Annis’ term expired at the end of 2020. Senior Judge Michael Karpf ruled Kemp had not violated the state constitution’s requirement that Kemp fill the vacancy “promptly” and wrote that it did not matter that Annis’ term had run out because previous case law stated that judicial terms of office are eliminated when judges resign.
The judge also rejected Floyd’s claims that Kemp manipulated the appointment process to give Stone a longer period in office before he had to face voters.
Karpf noted Stone will face voters in a nonpartisan election next year, the same time he would have gone before voters even if Kemp had appointed him in February 2020, because state law requires at least a six-month delay before an appointed judge faces voters. Judicial elections generally take place in May, not on the November ballot that includes partisan elected officials.
The high court upheld Karpf’s ruling and noted that removing Stone would prolong the vacancy of that office.
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Supreme Court rejects appeal over press access in Wisconsin
Legal Business |
2021/12/13 14:01
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The Supreme Court has rejected an appeal from a conservative think tank over Gov. Tony Evers’ decision to exclude the group’s writers from press briefings.
The justices acted without comment Monday, leaving in place lower court rulings that said the decision is legal.
The John K. MacIver Institute for Public Policy filed the lawsuit in 2019 alleging that Evers, a Democrat, violated its staffers’ constitutional rights to free speech, freedom of the press and equal access.
Former Gov. Scott Walker, a Republican, had joined in the institute’s bid for high-court review. Evers defeated Walker in 2018.
Last year, a federal judge rejected the group’s arguments, saying MacIver can still report on Evers without being invited to his press briefings or being on his email distribution list. The 7th U.S. Circuit Court of Appeals unanimously upheld that ruling in April.
Former Republican Gov. Scott Walker had urged the Supreme Court to take the case, arguing that the ruling in favor of Evers allows censorship because it permits picking and choosing which reporters attend press events that have long been open to reporters but closed to the general public.
The appeals court ruled that Evers’ media-access criteria was reasonable and he was under no obligation to grant access for every news outlet to every news conference.
MacIver had argued that Evers was excluding its staffers and violating their free speech rights because they are conservatives. Evers said they were excluded because they are not principally a news gathering operation and they are not neutral.
Evers’ spokeswoman Britt Cudaback did not immediately return a message Monday seeking comment on the Supreme Court’s decision. MacIver’s attorney Dan Suhr also did not immediately return a message.
MacIver covers legislative meetings and other events at the Capitol as well as some Evers news conferences. But the institute sued after being excluded from a media briefing Evers gave for reporters on his state budget proposal in 2019. Evers wasn’t present, but members of his administration provided information to reporters on embargo ahead of his budget speech to the Legislature that evening.
The appeals court noted that a limited number of reporters were allowed into the event. Reporters from The Associated Press, along with the Milwaukee Journal Sentinel and Wisconsin State Journal, were among those present for that briefing.
Former governors, including Walker, also limited the number of reporters and news outlets that could attend budget briefings and other events.
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Court won’t stop Texas abortion ban, but lets clinics sue
Headline Legal News |
2021/12/10 13:32
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The Supreme Court on Friday left in place Texas’ ban on most abortions, offering only a glimmer of daylight for clinics in the state to challenge the nation’s most restrictive abortion law.
The decision, little more than a week after the court signaled it would roll back abortion rights and possibly overturn its landmark Roe v. Wade decision, was greeted with dismay by abortion rights supporters but praise by opponents.
Five conservative justices, including three appointed by former President Donald Trump, formed a majority to limit who can be sued by the clinics, a result that both sides said probably will prevent federal courts from effectively blocking the law.
Texas licensing officials may be sued, but not state court judges, court clerks or state Attorney General Ken Paxton, the court ruled. That seems to leave people free, under the unusual structure of the Texas law, to sue abortion clinics and anyone else who “aids or abets” an abortion performed after cardiac activity is detected in an embryo, around six weeks and before some women know they’re pregnant.
“The Supreme Court has essentially greenlit Texas’s cynical scheme and prevented federal courts from blocking an unconstitutional law,” the Center for Reproductive Rights, which represents the Texas clinics, said on Twitter.
The court acted more than a month after hearing arguments over the law, which makes no exceptions for rape or incest.
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Italy frees man convicted of 2007 murder of Meredith Kercher
Legal Business |
2021/11/28 15:08
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The only person convicted in the 2007 murder of British student Meredith Kercher was freed Tuesday after serving most of his 16-year prison sentence, his lawyer said.
Attorney Fabrizio Ballarini said Rudy Guede’s planned Jan. 4 release had been moved up a few weeks by a judge and he was freed on Tuesday. He will continue to work in the library at the Viterbo-based Center for Criminology Studies, Ballarini said in an email.
Guede had already been granted permission to leave prison during the day to work at the center while he served his sentence for the 2007 murder of 21-year-old Kercher.
The case in the university city of Perugia gained international notoriety after Kercher’s American roommate, Amanda Knox, and Knox’s then-boyfriend were placed under suspicion. Both were initially convicted, but Italy’s highest court threw out the convictions in 2015 after a series of flip-flop decisions.
Guede was originally convicted in a fast-track trial procedure. He has denied killing Kercher.
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