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As time runs out, dozens of judge nominees waiting on Senate
Court Center |
2016/10/18 04:00
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Federal judges in New Jersey have struggled with a workload approaching 700 cases each, nearly double what's manageable, because of judicial vacancies. In Texas, close to a dozen district judgeships remain open, more than in any other state.
Senate confirmation of President Barack Obama's nominees slowed to a halt this election year, a common political occurrence for the final months of divided government with a Democratic president and a Republican-controlled Senate. The vacancy on the Supreme Court attracted the most attention as Republicans refused to even hold confirmation hearings for Merrick Garland, insisting that the choice to fill the vacancy created by the death of Justice Antonin Scalia in February rests with the next president.
But more than 90 vacancies in the federal judiciary are taking a toll on judges, the courts and Americans seeking recourse. Obama has nominated replacements for more than half of those spots, including 44 nominees for the district court and seven for the appeals court. Yet the Senate has confirmed only nine district and appeals court judges this year — and only four since Scalia died. |
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Court hearing on potential Ontario ban of Indians name, logo
Legal Watch |
2016/10/17 04:00
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A Toronto court will hear arguments on an attempt to bar the Cleveland Indians from using their team name and logo in Ontario.
The legal challenge by indigenous activist Douglas Cardinal comes on the same day the baseball team takes on the Toronto Blue Jays in Game 3 of the American League Championship Series in Toronto.
Cardinal's lawyers will ask the court Monday to bar the usage of the name and logo by the team, Major League Baseball and Toronto team owner Rogers Communications, which is broadcasting the game in Canada.
The logo, called Chief Wahoo, is a cartoon man with red skin and a feather in his headband.
Cardinal says they shouldn't be allowed to wear their regular jerseys, the logo shouldn't be broadcast and the team should be referred to as "the Cleveland team."
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Court enters default judgment in Kansas voting rights case
Legal News |
2016/10/14 06:00
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A federal court clerk entered a default judgment Tuesday against Kansas Secretary of State Kris Kobach for failing to file a timely response to a lawsuit challenging the constitutionality of a state law requiring prospective voters to prove they are U.S. citizens.
It remains unclear whether U.S. District Judge Julie Robinson will give Kobach more time to respond. If the judgment stands it would apply to all voters in all federal, state and local elections — effectively ending the state's proof-of-citizenship requirement.
Kobach did not immediately return a cellphone message, but spokeswoman Desiree Taliaferro said he would comment.
Kobach faces four separate lawsuits challenging various aspects of Kansas' voter registration law. The law, which went into effect in January 2013, requires prospective voters to submit documentary proof of citizenship such as a birth certificate, U.S. passport or naturalization papers.
Kobach, a conservative Republican, has championed the proof-of-citizenship requirement as an anti-fraud measure that keeps non-citizens from voting, including immigrants living in the U.S. illegally. Critics say such requirements suppress voter turnout, particularly among young and minority voters, and that there have been few cases of fraud in the past.
"Oftentimes judges will give an attorney who has not filed something in a timely manner another chance," said Paul Davis, an attorney for the voter who brought the lawsuit. "We will have to see whether Judge Robinson is willing to do that in this case."
Kobach could ask the judge to set aside the clerk's action, possibly on grounds that include "excusable neglect," said Mark Johnson, another attorney for the voter.
But if the clerk's action stands, it means the proof-of-citizenship requirement can't be enforced, Johnson said.
The lawsuit contends the requirement violates voters' constitutional right to right to due legal process and the right to freely travel from state to state by infringing on people's ability to vote and to sign petitions. It also contends the actions Kobach has taken to verify citizenship status discriminates against people who were born or got married in other states.
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Iraq's federal court rules against prime minister's reforms
Court Center |
2016/10/12 06:00
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Iraq's federal court ruled on Monday that Prime Minister Haider al-Abadi's move to abolish the largely ceremonial posts of the country's vice president and deputy prime minister is unconstitutional.
Under Iraq's constitution, abolishing the posts would require the approval of an absolute majority in parliament followed by a national referendum, the court said in a statement.
The decision, which is binding for the Iraqi government, was a slap for al-Abadi, who canceled the posts last year as part of a wide-ranging reform plan that was approved by his Cabinet and passed by Parliament. It was intended to shore up public support for his government in the face of widespread protests.
The cancellations were also an apparent attempt to consolidate power under al-Abadi's government in order to combat corruption and tackle the country's ballooning budget crisis, sparked in part because of a plunge in the price of oil over the past two years, government spokesman Saad al-Hadithi said.
"The return of the (vice president and the deputy prime minister) will affect the expenses of the state," al-Hadithi said.
The decision underscores the government's enduring weakness as Iraqi forces prepare to retake the city of Mosul from the Islamic State group. While the U.S.-led coalition has closely supported Iraq's security forces in the military fight against IS, coalition officials say the Iraqi government is responsible for enacting political reforms that will prevent IS from growing in power in Iraq once again.
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Court: Construction can resume on small stretch of pipeline
Court Center |
2016/10/11 05:59
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A federal appeals court on Sunday opened the door for construction to resume on a small stretch of the four-state Dakota Access pipeline while it considers an appeal by the Standing Rock Sioux Tribe.
The ruling removed a temporary injunction that halted work on the project.
The tribe had asked the U.S Court of Appeals for the District of Columbia Circuit to continue work stoppage on the pipeline within 20 miles of Lake Oahe in North Dakota. The court earlier ordered work to stop while it considered the motion.
In a statement, Standing Rock Sioux Tribe Chairman Dave Archambault II said that the tribe "is not backing down from this fight."
"We will not rest until our lands, people, waters and sacred places are permanently protected from this destructive pipeline," Archambault said.
Owned by Dallas-based Energy Transfer Partners, the $3.8 billion, 1,172-mile project would carry nearly a half-million barrels of crude oil daily from North Dakota's oil fields through South Dakota and Iowa to an existing pipeline in Patoka, Illinois, where shippers can access Midwest and Gulf Coast markets.
The company did not immediately return an email Sunday seeking comment on the court's decision.
The pipeline passes near Standing Rock Sioux reservation land that straddles the North Dakota-South Dakota border. The tribe's protest encampment near the confluence of the Missouri and Cannonball rivers has swelled to thousands at times as demonstrators from around the country joined their cause.
Tribal and state officials also are at odds over whether sacred sites were destroyed while digging the pipeline corridor. The state archaeologist has said an inspection found no sign that the area contained human remains or cultural artifacts.
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Hawaii Supreme Court affirms Maui solar telescope permit
Headline News |
2016/10/09 05:59
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Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.
The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.
Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.
"We only have one alternative now," she said. "We have to continue to protest in other ways."
They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.
The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.
State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.
"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."
Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.
"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.
External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month. |
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Court fight over Ohio executions likely to focus on sedative
Legal Watch |
2016/10/06 05:59
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Ohio says it's resuming executions in January with a three-drug protocol similar to one it used for several years.
The concept is one adopted for decades by many states: the first drug sedates inmates, the second paralyzes them, and the third stops their hearts.
The key difference comes with the first drug the state plans to use, midazolam (mih-DAY'-zoh-lam), which has been challenged in court as unreliable.
The state argues that a planned dose of 500 milligrams will ensure that inmates are properly sedated.
Defense attorneys say it's unclear what a much bigger dose would achieve.
Last year, the U.S. Supreme Court ruled 5-4 that midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.
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