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Senate confirms Barrett replacement on federal appeals court
Legal News |
2020/12/17 13:19
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The Senate has confirmed an Indiana prosecutor to replace Supreme Court Justice Amy Coney Barrett on a federal appeals court based in Chicago.
Thomas Kirsch, who currently serves as U.S. Attorney for the Northern District of Indiana, will replace Barrett as a judge on the U.S. Court of Appeals for the 7th Circuit. Kirsch was confirmed Tuesday on a 51-44 vote.
Three Democrats Arizona Sens. Kyrsten Sinema and Mark Kelly and West Virginia Sen. Joe Manchin voted for him in what was otherwise a party-line vote. Four Republican senators and Vice President-elect Kamala Harris did not vote.
President Donald Trump named Kirsch as Barrett’s replacement before she was confirmed to the high court in October, and the Senate Judiciary Committee advanced his nomination last week. Kirsch graduated from Indiana University and earned his law degree from Harvard.
Illinois Sen. Dick Durbin, who is expected to become the top Democrat on Judiciary in the next Congress, said Kirsch’s quick nomination and confirmation showed that Trump and Senate Republicans were intent on forcing through as many conservative judges as possible.
“They have kept the nominations assembly line going,″ Durbin said.
Sen. Todd Young, R-Ind., said Kirsch “is a man of character, he’s a man of integrity, and he believes in the rule of law.”
Sen. Mazie Hirono, D-Hawaii, said Kirsch’s nomination is “further entrenching the lack of diversity that is characteristic of President Trump’s judicial nominees,” noting that the appeals court he will join is the only all-white federal appeals court in the country. |
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Wisconsin Supreme Court tosses Trump election lawsuit
Legal Interview |
2020/12/14 10:17
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The Wisconsin Supreme Court on Monday rejected President Donald Trump’s lawsuit attempting to overturn his loss to Democrat Joe Biden in the battleground state, ending Trump's legal challenges in state court about an hour before the Electoral College was to meet to cast the state's 10 votes for Biden.
The ruling came after the court held arguments Saturday, the same day a federal judge dismissed another Trump lawsuit seeking to overturn his loss in the state. Trump appealed that ruling.
Trump sought to have more than 221,000 ballots disqualified in Dane and Milwaukee counties, the state's two most heavily Democratic counties. He wanted to disqualify absentee ballots cast early and in-person, saying there wasn’t a proper written request made for the ballots; absentee ballots cast by people who claimed “indefinitely confined” status; absentee ballots collected by poll workers at Madison parks; and absentee ballots where clerks filled in missing information on ballot envelopes.
Liberal Justice Jill Karofsky blasted Trumps' case during Saturday's hearing, saying it “smacks of racism” and was “un-American.” Conservative justices voiced some concerns about how certain ballots were cast, while also questioning whether they could or should disqualify votes only in two counties.
Biden won Wisconsin by about 20,600 votes, a margin of 0.6% that withstood a Trump-requested recount in Milwaukee and Dane counties, the two with the most Democratic votes. Trump did not challenge any ballots cast in the counties he won.
Trump and his allies have suffered dozens of defeats in Wisconsin and across the country in lawsuits that rely on unsubstantiated claims of widespread fraud and election abuse. On Friday, the U.S. Supreme Court rejected a Texas lawsuit that sought to invalidate Biden’s win by throwing out millions of votes in four battleground states, including Wisconsin.
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High court rejects GOP bid to halt Biden’s Pennsylvania win
Court Line News |
2020/12/09 16:42
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The Supreme Court on Tuesday rejected Republicans’ last-gasp bid to reverse Pennsylvania’s certification of President-elect Joe Biden’s victory in the electoral battleground.
The court without comment refused to call into question the certification process in Pennsylvania. Democratic Gov. Tom Wolf already has certified Biden’s victory over President Donald Trump and the state’s 20 electors are to meet on Dec. 14 to cast their votes for Biden.
In any case, Biden won 306 electoral votes, so even if Pennsylvania’s results had been in doubt, he still would have more than the 270 electoral votes needed to become president. The court’s decision not to intervene came in a lawsuit led by Republican U.S. Rep. Mike Kelly of northeastern Pennsylvania and GOP congressional candidate and Trump favorite Sean Parnell, who lost to Pittsburgh-area U.S. Rep. Conor Lamb, a Democrat.
“Even Trump appointees & Republicans saw this for what it was: a charade,” Lamb said on Twitter.
In court filings, lawyers for Pennsylvania and Gov. Tom Wolf, a Democrat, had called the lawsuit’s claims “fundamentally frivolous” and its request “one of the most dramatic, disruptive invocations of judicial power in the history of the Republic.”
“No court has ever issued an order nullifying a governor’s certification of presidential election results,” they wrote.
Republican U.S. Sen. Ted Cruz of Texas had offered to argue the case, if the high court took it.
Having lost the request for the court to intervene immediately, Greg Teufel, a lawyer for Kelly and Parnell, said he will file a separate request to ask the court to consider the case on its underlying merits on an expedited basis.
Still, hopes for immediate intervention concerning the Nov. 3 election “substantially dimmed” with the court’s action Tuesday, Teufel said.
“But by no way is this over,” Kelly said on Fox News. Republicans had pleaded with the justices to intervene immediately after the state Supreme Court turned away their case last week.
The Republicans argued that Pennsylvania’s expansive vote-by-mail law is unconstitutional because it required a constitutional amendment to authorize its provisions. Just one Republican state lawmaker voted against its passage last year in Pennsylvania’s Republican-controlled Legislature.
Biden beat Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016. Most mail-in ballots were submitted by Democrats.
The state’s high court said the plaintiffs waited too long to file the challenge and noted the Republicans’ staggering demand that an entire election be overturned retroactively.
In the underlying lawsuit, Kelly, Parnell and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law or to wipe out the election results and direct the state’s Republican-controlled Legislature to pick Pennsylvania’s presidential electors. |
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High court to decide whether Nazi art case stays in US court
Court Line News |
2020/12/06 16:15
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Jed Leiber was an adult before he learned that his family was once part-owner of a collection of centuries-old religious artworks now said to be worth at least $250 million.
Over a steak dinner at a New York City restaurant in the 1990s he had asked his mother about his grandfather, a prominent art dealer who fled Germany after Adolf Hitler came to power. “What was grandpa most proud of in his business?” he asked.
“He was very, very proud to have acquired the Guelph Treasure, and then was forced to sell it to the Nazis,” she told him. That conversation set Leiber, of West Hollywood, California, on a decadeslong mission to reclaim some 40 pieces of the Guelph Treasure on display in a Berlin museum. It’s a pursuit that has now landed him at the Supreme Court, in a case to be argued Monday.
For centuries, the collection, called the Welfenschatz in German, was owned by German royalty. It includes elaborate containers used to store Christian relics; small, intricate altars and ornate crosses. Many are silver or gold and decorated with gems.
In 2015, Leiber’s quest for the collection led to a lawsuit against Germany and the the Prussian Cultural Heritage Foundation. The state-run foundation owns the collection and runs Berlin’s Museum of Decorative Arts, where the collection is housed. Germany and the foundation asked the trial-level court to dismiss the suit, but the court declined. An appeals court also kept the suit alive.
Now, the Supreme Court, which has been hearing arguments by telephone because of the coronavirus pandemic, will weigh in. A separate case involving Hungarian Holocaust victims is being heard the same day.
At this point, the Guelph Treasure case is not about whether Leiber’s grandfather and the two other Frankfurt art dealer firms that joined to purchase the collection in 1929 were forced to sell it, a claim Germany and the foundation dispute. It’s just about whether Leiber and two other heirs of those dealers, New Mexico resident Alan Philipp and London resident Gerald Stiebel, can continue seeking the objects’ return in U.S. courts.
In a statement, Hermann Parzinger, president of the Prussian Cultural Heritage Foundation, argued that the suit should be dismissed. The foundation and Germany have the Trump administration’s support. |
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Cosby’s sex assault conviction goes before high-level court
Attorney Opinions |
2020/12/01 16:46
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Pennsylvania’s highest court questioned Tuesday whether Bill Cosby’s alleged history of intoxicating and sexually assaulting young women amounted to a signature crime pattern, given studies that show as many as half of all sexual assaults involve drugs or alcohol. Cosby, 83, hopes to overturn his 2018 sex assault conviction because the judge let prosecutors call five other accusers who said Cosby mistreated them the same way he did his victim, Andrea Constand. The defense said their testimony prejudiced the jury against the actor and should not have been allowed.
“That conduct you describe ? the steps, the young women ? there’s literature that says that’s common to 50% of these assaults ? thousands of assaults ? nationwide,” Chief Justice Thomas G. Saylor said during oral arguments in the Pennsylvania Supreme Court. “So how can that be a common scheme?”
The prosecutor, in response, offered more precise details about the relationships, saying Cosby used his fame and fortune to mentor the women and then took advantage of it. And he sometimes befriended their mothers or families.
“There was a built-in level of trust because of his status in the entertainment industry and because he held himself out as a public moralist,” said Assistant District Attorney Adrienne Jappe, of suburban Philadelphia’s Montgomery County, where Constand says she was assaulted at Cosby’s estate in 2004.
“The signature was isolating and intoxicating young women for the purpose of sexually assaulting them,” Jappe said.
Cosby, 83, has served more than two years of his three- to 10-year prison sentence for drugging and molesting Constand, whom he met through the basketball program at his alma mater, Temple University.
Courts have long wrestled with decisions about when other accusers should be allowed to testify in criminal cases. It’s generally not allowed, but exceptions are allowed to show a signature crime pattern or to prove someone’s identity. The state’s high court appears eager to address the issue, and in doing so took on the first celebrity criminal case of the #MeToo era. The court typically takes several months to issue its opinion.
Judge Steven T. O’Neill had allowed just one other accuser to testify at Cosby’s first trial in 2017, when the jury could not reach a verdict. The #MeToo movement took hold months later with media reports about movie mogul Harvey Weinstein and other men accused of sexual misconduct. |
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High court blocks NY virus limits on houses of worship
Legal Marketing News |
2020/11/26 21:35
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With coronavirus cases surging again nationwide, the Supreme Court barred New York from enforcing certain limits on attendance at churches and synagogues in areas designated as hard hit by the virus.
The justices split 5-4 late Wednesday night, with new Justice Amy Coney Barrett in the majority. It was the conservative’s first publicly discernible vote as a justice. The court’s three liberal justices and Chief Justice John Roberts dissented.
The move was a shift for the court. Earlier this year, when Barrett’s liberal predecessor, Justice Ruth Bader Ginsburg, was still on the court, the justices divided 5-4 to leave in place pandemic-related capacity restrictions affecting churches in California and Nevada.
The court’s action Wednesday could push New York to reevaluate its restrictions on houses of worship in areas designated virus hot spots. But the impact is also muted because the Catholic and Orthodox Jewish groups that sued to challenge the restrictions are no longer subject to them.
New York Gov. Andrew Cuomo, a Democrat, said Thursday the ruling was “more illustrative of the Supreme Court than anything else” and “irrelevant from any practical impact” given that the restrictions have already been removed.
“Why rule on a case that is moot and come up with a different decision than you did several months ago on the same issue?” Cuomo asked in a conference call with reporters. “You have a different court. And I think that was the statement that the court was making.”
The Diocese of Brooklyn and Agudath Israel of America have churches and synagogues in areas of Brooklyn and Queens previously designated red and orange zones. In those red and orange zones, the state had capped attendance at houses of worship at 10 and 25 people, respectively. But the those particular areas are now designated as yellow zones with less restrictive rules neither group challenged.
The justices acted on an emergency basis, temporarily barring New York from enforcing the restrictions against the groups while their lawsuits continue. In an unsigned opinion the court said the restrictions “single out houses of worship for especially harsh treatment.”
“Members of this Court are not public health experts, and we should respect the judgment of those with special expertise and responsibility in this area. But even in a pandemic, the Constitution cannot be put away and forgotten. The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment’s guarantee of religious liberty,” the opinion said. |
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