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Supreme Court rejects North Carolina appeal on election law
Headline Legal News |
2015/04/07 12:58
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The Supreme Court has passed up an early chance to review a contested North Carolina election law that opponents say limits the ability of African-Americans to cast ballots.
The high court intervened in October to order that the law remain in effect for the fall elections after a lower court ruling blocking part of the law.
But the justices on Monday wiped away their earlier order by rejecting the state's appeal of that lower court ruling. The federal appeals court in Richmond, Virginia had blocked a part of the law that eliminated same-day registration during early voting in North Carolina.
A trial is set for July in the lawsuit filed by civil rights groups, and the issue of voting restrictions could return to the Supreme Court before the 2016 elections.
North Carolina is among several Republican-led states that have passed election laws imposing photo identification requirements and reducing the number of days set aside for early voting, among other provisions. Officials have said the measures are needed to prevent voter fraud. But critics have called the laws thinly veiled efforts to make it harder for Democratic-leaning minorities to vote.
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Robin Williams' wife, children head to court in estate fight
Headline Legal News |
2015/03/31 13:21
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Attorneys for Robin Williams' wife and children are headed to court in their battle over the late comedian's estate.
The attorneys are scheduled to appear before a San Francisco probate judge on Monday, as they argue over who should get clothes and other personal items the actor kept at one his Northern California homes.
In papers filed in December, Williams' wife, Susan, says some of the late actor's personal items were taken without her permission.
She has asked the court to exclude the contents of the San Francisco Bay Area home she shared with Williams from the jewelry, memorabilia and other items Williams said the children should have.
Williams' children, Zachary, Zelda and Cody, said in response that Susan Williams is "adding insult to a terrible injury" by trying to change the trust agreement and rob them of the late actor's belongings.
Susan Williams' attorney said she was only seeking guidance from the court about the meaning of certain terms in the trust. |
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Supreme Court won't reinstate case of man who went missing
Headline Legal News |
2015/02/25 10:40
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Bobby Chen's legal luck has finally run out. The Supreme Court on Monday refused to reinstate Chen's appeal in a legal dispute with the city of Baltimore.
Chen beat long odds last year when he convinced the court — without the help of an attorney — to hear his case. But then he disappeared for two months and court officials couldn't reach him. The court dismissed the case last month after he missed a filing deadline.
Chen later re-emerged with a high-powered lawyer who said his client was traveling, experienced a slip-and-fall injury, and was unaware his case had been granted.
But the court declined to give him a second chance.
Chen had been fighting Baltimore officials for years, claiming the city illegally demolished his row house. |
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Court nixes faith-based birth control mandate challenge
Headline Legal News |
2015/02/16 12:26
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An appeals court has ruled that the birth control coverage required by federal health care reforms does not violate the rights of several religious groups because they can seek reasonable accommodations.
Two western Pennsylvania Catholic dioceses and a private Christian college had challenged the birth control coverage mandates and won lower-court decisions. However, the U.S. 3rd Circuit Court ruling Wednesday said the reforms place "no substantial burden" on the religious groups and therefore don't violate their First Amendment rights.
All three groups — the college and the Pittsburgh and Erie dioceses — are mulling whether to appeal to the entire 3rd Circuit Court of Appeals or the U.S. Supreme Court.
"Such a ruling should cause deep concern for anyone who cares about any First Amendment rights, especially the right to teach and practice a religious faith," Pittsburgh Bishop David Zubik said in a statement. "This decision says that the church is no longer free to practice what we preach."
At issue is an "accommodation" written into the Affordable Care Act that says religious organizations can opt out of directly providing and paying to cover medical services such groups would consider morally objectionable. In this case, that refers to all contraceptive and abortion services for the Catholic plaintiffs, and contraceptive services like the "week-after" pill and other medical coverage that Geneva College contends violate its anti-abortion teachings. The school in Beaver Falls is affiliated with the Reformed Presbyterian Church.
Justice Department lawyers have argued the accommodation solves the problem because it allows religious groups to opt out of directly providing such coverage. But the plaintiffs contend that merely filing the one-page form, which puts a religious group's objections on record with the government, violates their rights because it still "facilitates" or "triggers" a process that then enables third-party insurers to provide the kind of coverage to which they object. |
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Hernandez fiancee due in court for perjury charge
Headline Legal News |
2015/01/08 14:18
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Aaron Hernandez’s fiancee is due back in court Wednesday, one day after a judge made an important ruling about her presence during his murder trials. Shayanna Jenkins is charged with perjury related to the murder investigation of Hernandez.
The hearing is set for two petitions by prosecutors to grant immunity to Jenkins and one other witness.
On Tuesday, the judge ruled that five people on the witness list, that included Jenkins, Hernandez’s mother and Odin Lloyd’s mother, would be allowed to sit through the trial. That, even though Jenkins is a potential witness.
Jenkins’ lawyer, Janice Bassil, did not return an email sent Monday seeking more information about the hearing. Jenkins and Hernandez have a child together.
The judge indicated there may be another hearing Thursday before jury selection begins.
Jury selection is set to begin Friday for Hernandez, who has pleaded not guilty to killing Lloyd, a semiprofessional football player. Hernandez was a tight end for the Patriots with a $40 million contract when prosecutors say he killed Lloyd in an industrial park near his North Attleboro home in June 2013. Lloyd, 27, was dating the sister of Jenkins.
The trial is expected to last six to 10 weeks, and dozens of witnesses could be called, including Patriots coach Bill Belichick and team owner Robert Kraft.
Hernandez also has pleaded not guilty in the fatal shootings of two men in 2012 after an encounter at a Boston nightclub. That case has not yet gone to trial.
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Idaho gay marriage fight appealed to Supreme Court
Headline Legal News |
2015/01/05 15:26
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Idaho's governor and attorney general have filed separate petitions to the U.S. Supreme Court, fighting against gay marriage and arguing that the state's case has national consequences.
Same-sex marriage has been legal in Idaho since an October ruling by the 9th U.S. Circuit Court of Appeals, which has struck down bans across the West.
Attorney General Lawrence Wasden's filing Friday states that the issue is a matter of a state's right to define marriage without the federal government's involvement.
"This case presents the Court with the opportunity to resolve a divisive split on a question of nationwide importance: Whether the United States Constitution now prohibits states from maintaining the traditional definition of civil marriage, i.e., between one man and one woman," Wasden said in the petition.
Gov. Butch Otter's petition, filed Tuesday, states that the high court should review Idaho's case alone or in addition to a pending case involving the 6th U.S. Circuit Court of Appeals that upheld the right of Kentucky, Michigan, Ohio and Tennessee to decide whether to allow gay marriage. |
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