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Appeals court upholds key voting rights provision
Legal News |
2012/05/19 05:26
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A federal appeals court on Friday upheld a key provision of the Voting Rights Act, rejecting an Alabama county's challenge to the landmark civil rights law.
The provision requires state, county and local governments with a history of discrimination to obtain advance approval from the Justice Department, or from a federal court in Washington, for any changes to election procedures. It now applies to all or parts of 16 states.
In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit said that Congress developed extensive evidence of continuing racial discrimination just six years ago and reached a reasonable conclusion when it reauthorized section 5 of the law at that time.
The appellate ruling could clear the way for the case to be appealed to the Supreme Court where Chief Justice John Roberts suggested in a 2009 opinion that the court's conservative majority might be receptive to a challenge to section 5.
Judge David Tatel wrote for the Court of Appeals majority that the court owes deference to Congress' judgment on the matter. |
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Md. highest court recognizes same-sex divorce
Legal News |
2012/05/19 05:26
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Maryland's highest court ruled Friday that same-sex couples can divorce in the state even though Maryland does not yet permit same-sex marriages.
The Court of Appeals ruled 7-0 that couples who have a valid marriage from another state can divorce in Maryland. The case involved two women who were married in California and denied a divorce in 2010 by a Maryland judge.
The ruling may have limited effect because same-sex weddings, and by extension divorces, are set to start in the state in January. However, opponents of the law passed this year are seeking to overturn it in a potential voter referendum in November.
"A valid out-of-state same-sex marriage should be treated by Maryland courts as worthy of divorce, according to the applicable statues, reported cases, and court rules of this state," the court concluded in a 21-page ruling.
It said Maryland courts should withhold recognition of a valid foreign marriage only if that marriage is "repugnant" to state public policy. The court says the threshold is a high bar that has not been met in the case that it ruled on.
Lawyers for the women told the Court of Appeals that is would be unprecedented for the state not to recognize gay marriages performed elsewhere. |
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Court rules NY town's prayer violated Constitution
Headline News |
2012/05/17 05:25
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An upstate New York town violated the constitutional ban against favoring one religion over another by opening nearly every meeting over an 11-year span with prayers that stressed Christianity, a federal court of appeals ruled Thursday.
In what it said was its first case testing the constitutionally mandated separation of church and state, the U.S. Court of Appeals for the Second Circuit ruled the town of Greece, a suburb of Rochester, should have made a greater effort to invite people from other faiths to open monthly meetings. The town's lawyer says it will appeal.
From 1999 through 2007, and again from January 2009 through June 2010, every meeting was opened with a Christian-oriented invocation. In 2008, after residents Susan Galloway and Linda Stephens complained, four of 12 meetings were opened by non-Christians, including a Jewish layman, a Wiccan priestess and the chairman of the local Baha'i congregation.
Galloway and Stephens sued and, in 2010, a lower court ruled there was no evidence the town had intentionally excluded other faiths.
A town employee each month selected clerics or lay people by using a local published guide of churches. The guide did not include non-Christian denominations, however. The court found that religious institutions in the town of just under 100,000 people are primarily Christian, and even Galloway and Stephens testified they knew of no non-Christian places of worship there. |
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'Octomom' bankruptcy case thrown out of court
Court Center |
2012/05/15 05:25
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A judge threw out "Octomom" Nadya Suleman's bankruptcy claim Tuesday after she failed to file the proper paperwork to show she can't pay as much as $1 million in debt.
That means creditors can move to collect what they say they're owed, and a pending foreclosure can go ahead against the La Habra, Calif., house Suleman lives in with her 14 children, according to The Orange County Register.
Suleman's case was thrown out because she didn't file a dozen financial documents and statements required to prove bankruptcy. In her initial filing April 30, Suleman estimated that she owed as much as $1 million that she is unable to repay.
Suleman had sought protection from her debts under Chapter 7 bankruptcy, which means a court-appointed trustee would have liquidated her assets to pay off creditors before she is discharged from most of her debts. According to the filing, she owed money to more than 20 parties, including utility companies, her father and a Christian school. |
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Okla. court halts 'personhood' rights for embryos
Legal News |
2012/05/01 17:14
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The Oklahoma Supreme Court on Monday halted an effort to grant "personhood" rights to human embryos, saying the measure is unconstitutional.
The state's highest court ruled unanimously that a proposed amendment to the Oklahoma Constitution that would define a fertilized human egg as a person violates a 1992 U.S. Supreme Court decision involving a Pennsylvania case and "is clearly unconstitutional." Supporters of the personhood amendment are trying to gather enough signatures to put it before Oklahoma voters on the November ballot.
Opponents contend the measure would ban abortions without exception and interfere with a woman's right to use certain forms of contraception and medical procedures, such as in vitro fertilization.
The American Civil Liberties Union and the New York-based Center for Reproductive Rights filed a protest with the state Supreme Court on behalf of several Oklahoma doctors and residents. They asked the court to stop the group Personhood Oklahoma from gathering signatures.
The nine-member court determined the initiative petition "is void on its face" and struck it down.
"The only course available to this court is to follow what the United States Supreme Court, the final arbiter of the United States Constitution, has decreed," the court said. |
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Court to decide if deportation ruling retroactive
Top Legal News |
2012/04/30 16:25
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The Supreme Court will decide whether to apply retroactively its 2010 decision that immigrants have a right to be told that a guilty plea could lead to their deportation.
The high court on Monday agreed to hear an appeal from Roselva Chaidez, who was in the process of being deported when the court made that March 2010 decision.
Chaidez pleaded guilty to fraud in 2004 after falsely claiming to be a passenger in a car wreck. Authorities started deportation procedures while she was applying for U.S. citizenship in 2007.
Her lawyer never told her that her fraud conviction may lead to her deportation. Chaidez says she should be able to take advantage of the Supreme Court decision that cemented that principle. |
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High court weighs overtime pay for drug sales reps
Headline News |
2012/04/17 17:07
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A seemingly divided Supreme Court on Monday weighed a potentially costly challenge to the pharmaceutical industry's practice of not paying overtime to its sales representatives.
The justices questioned whether the federal law governing overtime pay should apply to the roughly 90,000 people who try to persuade doctors to prescribe certain drugs to their patients.
Many sales jobs are exempt from overtime pay under the Fair Labor Standards Act. But unlike typical salespeople who often work on commission, pharmaceutical sales representatives cannot seal a deal with doctors. Federal law, in fact, forbids any binding agreement by a doctor to prescribe a specific drug.
Two salesmen who once worked for drug maker GlaxoSmithKline filed a class-action lawsuit claiming that they were not paid for the 10 to 20 hours they worked each week on average outside the normal business day. Their jobs required them to meet with doctors in their offices, but also to attend conventions, dinners, even golf outings.
Justice Ruth Bader Ginsburg was among several justices who wondered about limits on overtime opportunities if the court were to rule for the sales reps. A court filing by the industry said drug companies could be on the hook for billions of dollars in past overtime. |
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