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Supreme Court views not 'liberal or conservative'
Court Center | 2012/10/19 22:07
U.S. Supreme Court Chief Justice John Roberts said Wednesday that
people shouldn't think the high court's justices make decisions in
terms of a liberal or conservative agenda.

Roberts told a crowd of nearly 4,800 people at Rice University in
Houston that many of the court's close votes have had nothing to do
with politics.

"We look at these cases and resolve them ... not in terms of a
particular liberal or conservative agenda," he said. "It's just easier
for reporters to say that justice is liberal and that justice is
conservative."

From reading some of the court's opinions, Roberts added, people may
think that justices are "at each other's throats." But he said all the
justices are "extremely close."

Roberts, taking a break from the high court's current term in
Washington, talked in general about his work leading the nation's
highest court. But he didn't discuss some of the court's more recent
high-profile cases — including voting to uphold much of President
Barack Obama's health care overhaul.

Roberts, who was appointed by President George W. Bush, made headlines
when he voted with the liberal justices in that 5-4 landmark decision.
After that ruling, Roberts became the focus of criticism from some of
the nation's leading conservatives while liberals applauded his
statesmanship.


Feds seek full court review of cigarette warnings
Legal Watch | 2012/10/12 20:33
The U.S. government is asking a federal appeals court to rehear a challenge to a Food and Drug Administration requirement that tobacco companies to put large graphic health warnings on cigarette packages to show that smoking can disfigure and even kill people.

The Justice Department filed a petition Tuesday asking for the full court to rehear the case after a three-judge panel of the U.S. Court of Appeals in Washington affirmed in August a lower court ruling blocking the mandate, saying it ran afoul of the First Amendment's free speech protections. However, the court rarely grants such appeals.

Some of the nation's largest tobacco companies, including R.J. Reynolds Tobacco Co., sued to block the mandate to include warnings to show the dangers of smoking and encouraging smokers to quit lighting up. They argued that the proposed warnings went beyond factual information into anti-smoking advocacy. The government argued the photos of dead and diseased smokers are factual.


Court lets stand telecom immunity in wiretap case
Court Center | 2012/10/10 20:33
The Supreme Court is leaving in place a federal law that gives telecommunications companies legal immunity for helping the government with its email and telephone eavesdropping program.

The justices said Tuesday they will not review a court ruling that upheld the 2008 law against challenges brought by privacy and civil liberties advocates on behalf of the companies' customers. The companies include AT&T, Inc., Sprint Nextel Corp. and Verizon Communications Inc.

Lawsuits filed by the American Civil Liberties Union and Electronic Frontier Foundation accused the companies of violating the law and customers' privacy through collaboration with the National Security Agency on intelligence gathering.

The case stemmed from surveillance rules passed by Congress that included protection from legal liability for telecommunications companies that allegedly helped the U.S. spy on Americans without warrants.


High court begins new term with human rights case
Top Legal News | 2012/10/08 22:50
The Supreme Court opened its new term Monday with a high-stakes dispute between businesses and human rights groups over accountability for foreign atrocities.

The justices appeared ready to impose new limits on lawsuits brought in U.S. courts over human rights violations abroad.

The argument was the first in a term that holds the prospect for major rulings about affirmative action, gay marriage and voting rights.

Meeting on the first Monday in October, as required by law, the justices entered the crowded marble courtroom for the first time since their momentous decision in late June that upheld President Barack Obama's health care overhaul.

The lineup of justices was the same as in June, but the bench had a slightly different look nonetheless. Justice Antonin Scalia was without the glasses he no longer needs following cataract surgery over the summer.

Chief Justice John Roberts formally opened the term and the court turned quickly to its first argument.

The dispute involves a lawsuit filed against Royal Dutch Petroleum over claims that the oil company was complicit in abuses committed by the Nigerian government against its citizens in the oil-rich Niger Delta.


High court asked to throw out oil refinery permit
Legal Watch | 2012/10/05 22:50
Opponents of a proposed $10 billion oil refinery in southeastern South Dakota on Wednesday asked the state Supreme Court to strike down a state permit that would let a Texas company to begin construction.

Gabrielle Sigel, an attorney for three groups fighting the Hyperion Energy Center, said the Board of Minerals and Environment erred when it approved an air quality permit last year because its study did not include a full-blown environmental impact statement.

Sigel said the refinery would be the largest industrial project in state history and that the preparation of an impact statement should involve other agencies and evaluate a project's broader effect. State officials abused their discretion by bypassing that process, she said.

Attorneys for Hyperion and the board countered that an environmental impact statement is not required by state law that and board members took into account all relevant environmental issues when issuing the air quality permit.

The state Department of Environment and Natural Resources can require an impact statement but decided it wasn't necessary. "The board agreed," said Rick Addison, a Dallas-based attorney representing Hyperion.


Federal court upholds Texas open meetings law
Legal Watch | 2012/09/29 23:05
A federal appeals court has upheld Texas' open meetings law as constitutional, rejecting a lawsuit that argued it stifled free speech for government officials.

The 1967 Texas Open Meetings Act prohibits a quorum of members of a governmental body from deliberating in secret. Violations are punishable by up to six months in jail and a $500 fine.

Officials from a group of 15 Texas cities, including Alpine, Arlington and Houston suburb Sugar Land, challenged the law in 2009. A U.S. district judge ruled against them, prompting an appeal the New Orleans-based 5th U.S. Circuit Court of Appeals.

A three-judge panel ruled Tuesday that the law promotes disclosure of speech and does not restrict it.

Texas Attorney General Greg Abbott called the decision a victory for open government.


Justices step back from Pa. court funding dispute
Politics & Law | 2012/09/27 23:05
The Pennsylvania Supreme Court is declining a request by county governments that the justices force the General Assembly to provide more money for state courts and bring more uniformity to the court system.

The court ruled unanimously on Wednesday against the County Commissioners Association of Pennsylvania and 10 counties. The decision could end litigation over funding levels and uneven standards across the state that goes back a quarter century.

Chief Justice Ronald Castille's written opinion says there's been progress in recent years and the justices believe that "further enhancements" of the state courts should be a product of cooperation among the three branches of government.

An association spokesman says he's disappointed, while spokesmen for state House and Senate leaders didn't immediately respond to messages.


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