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Pennsylvania court to hear objections to church abuse report
Legal News |
2018/07/07 15:34
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Pennsylvania's highest court on Friday decided against immediately releasing an investigative grand jury's report into allegations of decades of child sexual abuse in six Roman Catholic dioceses, instead saying it would hear arguments from priests and others that making it public would violate their constitutional rights.
The state Supreme Court gave lawyers for those who object to being named in the nearly 900-page report and want to prevent its disclosure until Tuesday to lay out their arguments in writing, and the attorney general's office until July 13 to respond.
Attorney General Josh Shapiro has said he wants the report made public as soon as possible, noting that unindicted people who were cited in the report in a way that "could be construed as critical" were given an unrestricted right to file responses that are expected to be released along with the report. His spokesman declined comment on the court orders.
More than two dozen current and retired members of the clergy have argued to the court that the report is replete with errors and mischaracterizations that would violate their constitutional rights to due process and to protect their reputations.
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Schumer rallies opposition to Trump anti-abortion court pick
Legal News |
2018/07/02 11:37
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The Senate's top Democrat tried Monday to rally public opposition to any Supreme Court pick by President Donald Trump who'd oppose abortion rights, issuing a striking campaign season call to action for voters to prevent such a nominee by putting "pressure on the Senate."
With Trump saying he'll pick from a list of 25 potential nominees he's compiled with guidance from conservatives, Senate Minority Leader Chuck Schumer said any of them would be "virtually certain" to favor overturning Roe v. Wade, the 1973 case that affirmed women's right to abortion. They would also be "very likely" to back weakening President Barack Obama's 2010 law that expanded health care coverage to millions of Americans, he said.
Schumer said that while Democrats don't control the Senate — Republicans have a 51-49 edge — most senators back abortion rights. In an unusually direct appeal to voters, he said that to block "an ideological nominee," people should "tell your senators" to oppose anyone from Trump's list.
"It will not happen on its own," the New Yorker wrote in an opinion column in Monday's New York Times. "It requires the public's focus on these issues, and its pressure on the Senate."
Trump has said he is focusing on up to seven potential candidates, including two women, to fill the vacancy of retiring Justice Anthony Kennedy, a swing vote on the nine-member court. He's said he'll announce his pick July 9.
Schumer's column appeared a day after Sen. Susan Collins, R-Maine, said she would oppose any nominee she believed would overturn Roe v. Wade. Collins said she would only back a judge who would show respect for settled law such as the Roe decision, which has long been anathema to conservatives. |
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McConnell touts Thapar for Supreme Court seat
Legal News |
2018/07/01 16:37
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Senate Majority Leader Mitch McConnell said Saturday he has touted fellow Kentuckian Amul Thapar to fill a looming vacancy on the Supreme Court, but acknowledged he has "no idea" who President Donald Trump will choose.
McConnell told reporters he has encouraged Trump to consider Thapar, and said he hopes the federal appeals court judge is "in the final group" as the president looks for a successor to retiring Justice Anthony Kennedy.
Thapar is a former U.S. District Court judge in Kentucky. He has already been nominated once by Trump, for his current seat on the 6th U.S. Circuit Court of Appeals. McConnell has been a longtime supporter of Thapar, stretching back to the judge's tenure as a federal prosecutor.
"I think he's absolutely brilliant, with the right temperament," McConnell said of Thapar. "But others have their favorites. And I have no idea who the president may choose."
Trump has said he will announce his choice on July 9. The president has promised to draw the next justice from a list of 25 prospective candidates that was first established during the 2016 presidential campaign and updated last fall, with advice from conservatives. Thapar's name has come up among possible nominees being eyed.
In a speech Saturday to a GOP gathering in Louisville, McConnell said the goal is to have a new justice in place in time for the start of the Supreme Court's next term in October. As majority leader, McConnell sets the schedule in the narrowly divided Senate.
"There's not any doubt in my mind that we'll be able to get this new nominee confirmed, and I'm confident the president is going to send up an all-star, somebody of very high quality," McConnell told reporters later.
McConnell predicted the nominee will be similar to Trump's first Supreme Court selection, Neil Gorsuch, in terms of background and philosophy on the judiciary's role. |
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Court blocks 'millionaire tax' question from state ballot
Legal News |
2018/06/17 10:21
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Massachusetts' highest court on Monday struck down a proposed "millionaire tax" ballot question, blocking it from going before state voters in November and ending advocates' hopes for generating some $2 billion in additional revenue for education and transportation.
The Supreme Judicial Court, in a 5-2 ruling, said the initiative petition should not have been certified by Democratic Attorney General Maura Healey because it violated the "relatedness" clause of the state constitution that prohibits ballot questions from mingling unrelated subjects — in this case, taxing and spending.
The proposed constitutional amendment — referred to by its proponents as the "Fair Share Amendment," would have imposed a surtax of 4 percent on any portion of an individual's annual income that exceeds $1 million. The measure called for revenues from the tax to be earmarked for transportation and education.
Writing for the majority, Associate Justice Frank Gaziano said a voter who supported the surtax but opposed earmarking the funds for a specific purpose would be left "in the untenable position of choosing which issue to support and which must be disregarded."
The justices offered hypothetical examples of voters who might support spending on one priority but not the other, such as a subway commuter with no school-age children.
The measure had been poised to reach voters in November after receiving sufficient support from the Legislature in successive two-year sessions. But several business groups, including the Massachusetts High Technology Council and Associated Industries of Massachusetts, sued to block it.
The court's ruling was a devastating blow for Raise Up Massachusetts, a coalition of labor unions, community and religious organizations that collected more than 150,000 signatures in support of the millionaire tax. |
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Court makes no ruling in resolving partisan redistricting cases
Legal News |
2018/06/13 10:22
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The Supreme Court will consider whether the purchasers of iPhone apps can sue Apple over allegations it has an illegal monopoly on the sale of the apps.
The court said Monday that it will take a case from the U.S. Circuit Court of Appeals for the 9th Circuit, which ruled in January that the purchasers of iPhone apps could sue Apple. Their lawsuit says that when a customer buys an app the price includes a 30 percent markup that goes to Apple.
Apple had argued that it did not sell apps, but instead acted as an intermediary used by the app developers. Apple won initially in a lower court which dismissed the lawsuit.
In Wisconsin, the Democrats prevailed after a trial in which the court ruled that partisan redistricting could go too far and indeed, did in Wisconsin, where Republicans hold a huge edge in the legislature even though the state otherwise is closely divided between Democrats and Republicans.
The Supreme Court said that the plaintiffs in Wisconsin had failed to prove that they have the right to sue on a statewide basis, rather than challenge individual districts.
The Democrats will have a chance to prove their case district by district.
Waiting in the wings is a case from North Carolina that seemingly addresses some of the high court's concerns. The lawsuit filed by North Carolina Democrats has plaintiffs in each of the state's 13 congressional districts. Like Wisconsin, North Carolina is generally closely divided in politics, but Republicans hold a 10-3 edge in congressional seats.
The majority opinion written by Chief Justice John Roberts in the Wisconsin case cast doubt on the broadest theory about the redistricting issue known as partisan gerrymandering.
Roberts wrote that the Supreme Court's role "is to vindicate the individual rights of the people appearing before it," not generalized partisan preferences.
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Suspect in vandalism to Jewish boundary heads to court
Legal News |
2018/06/02 11:04
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A Massachusetts man charged with vandalizing the boundaries of a symbolic Jewish household known as an eruv is heading to court.
Police say 28-year-old Yerachmiel Taube, of Sharon, is scheduled to be arraigned Monday on charges including malicious destruction of property and destruction to a religious organization.
Taube was arrested Saturday in connection with the vandalism in Sharon that has been going on for several weeks.
The eruv is a series of poles and string that mark the boundaries of the Orthodox Jewish community's "household" in which they can carry certain items on the Sabbath.
Taube was held in custody over the weekend. It was not clear if he has a lawyer.
The Sharon eruv has been in the community since 1990 and is maintained by 40 volunteers. |
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