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Appeals court sympathetic to voting rules challenge
Court Center |
2016/09/11 06:57
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A federal appeals court seems likely to side with voting rights groups trying to stop Kansas, Georgia and Alabama from making residents prove they are U.S. citizens when registering to vote using a national form.
Judges heard arguments in the case Thursday. At issue is whether to overturn a decision by a U.S. election official who changed the form's proof-of-citizenship requirements at the behest of the three states, without public notice.
People registering to vote in other states need only to swear that they are citizens, not show proof.
Two of the three judges hearing the case suggested the citizenship requirement can pose a tough hurdle for many eligible voters.
A federal judge in July refused to block the requirement while the case is being decided.
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Biden, Supreme Court nominee on Hill to pressure GOP
Legal Watch |
2016/09/10 06:57
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Judge Merrick Garland found himself back on Capitol Hill on Thursday in a familiar place ? meeting with a Democratic senator who used the visit to complain about Republicans' inaction on President Barack Obama's Supreme Court nominee.
Vermont Sen. Patrick Leahy, the Democrat on the Senate Judiciary Committee. said he met with Garland to "see how he's doing." Nearly six months ago, Obama nominated Garland to fill the vacancy created by Justice Antonin Scalia's death in February. Republicans have said they won't act until the next president chooses a nominee.
"He's had to wait longer than any nominee ever has," Leahy told reporters. "We've got plenty of time. If they want to do their job, we could easily have the hearing and the confirmation in September."
Asked if he'd seen any signs that Republicans are wavering in their refusal to consider a nominee this year, Leahy said, "You'll have to ask them." The spokesman for Senate Majority Leader Mitch McConnell, R-Ky., who's led GOP opposition to Garland, said nothing has changed.
"The majority leader has been clear: The next president will make the nomination for this vacancy," said spokesman Don Stewart.
Vice President Joe Biden also planned to be on Capitol Hill on Thursday to help turn up the pressure on McConnell.
It was Garland's first visit to Congress since he held dozens of individual meetings with senators in the spring.
The court is currently divided 4-4 between liberal- and conservative-leaning justices. Garland's confirmation would tip the court in the more liberal direction.
Both parties have appealed to voters by making the court's leaning a campaign issue, stressing that either Democrat Hillary Clinton or Republican Donald Trump will decide that by whomever they nominate.
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High court temporarily blocks subpoena over sex ads
Top Legal News |
2016/09/08 06:58
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Supreme Court Chief Justice John Roberts on Tuesday temporarily blocked a congressional subpoena that seeks information on how the classified advertising website Backpage.com screens ads for possible sex trafficking.
The order came hours after Backpage CEO Carl Ferrer asked the high court to intervene, saying the case threatens the First Amendment rights of online publishers.
A federal appeals court ruled 2-1 on Friday that the website must respond to the subpoena within 10 days. Roberts said Backpage does not have to comply with the appeals court order until further action from the Supreme Court. He requested a response from the Senate Permanent Subcommittee on Investigations by Friday.
The Senate panel has tried for nearly a year to force Backpage to produce certain documents as part of its investigation into human trafficking over the Internet.
After the website refused to comply, the Senate voted 96-0 in March to hold the website in contempt. The vote allowed the Senate to pursue the documents in federal court, marking the first time in more than two decades that the Senate has enforced a subpoena in court.
A federal district judge sided with the Senate last month, rejecting arguments that the subpoena was unconstitutional, overly broad and burdensome. The U.S. Court of Appeals for the District of Columbia Circuit agreed.
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Mexico's Supreme Court overturns state anti-corruption laws
Top Legal News |
2016/09/07 06:58
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Mexico's Supreme Court has ruled unconstitutional two state anti-corruption laws that outgoing governors passed in apparent attempts to shield themselves from investigation.
Many Mexicans were outraged when the governors of the states of Veracruz and Chihuahua pushed through the laws just months before they are to leave office giving them the power to name anti-corruption prosecutors.
The federal Attorney General's Office appealed the laws, arguing they violated new federal anti-corruption standards. It said the appeals were meant to show "there is no room for tailor-made local laws."
On Monday, the Supreme court agreed, saying neither law could stand.
There have been allegations of corruption in both Veracruz and Chihuahua, and many feared the now struck-down laws would have allowed the governors to control who would investigate them. |
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Egypt court releases lawyer who defied president
Court Center |
2016/08/28 21:55
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An Egyptian rights lawyer who had been held in solitary confinement for over 100 days after defying President Abdel-Fattah el-Sissi was released from jail Sunday on a court order.
Malek Adly, who was incarcerated on a rolling series of administrative detention orders, was freed after a court rejected an appeal by prosecutors a day earlier that had attempted to hold him longer over accusations that included attempting to overthrow the government.
"We don't know what will happen next — the case is still open and they could try to detain him again," said Adly's lawyer, Mahmoud Belal. "What's important though is that he is out."
Adly's supporters say authorities targeted him over a televised interview in which he objected to el-Sissi's decision in April to hand over two Red Sea islands to Saudi Arabia, implying that such a move was traitorous.
Along with other lawyers, Adly raised a court case against the handover, arguing that the islands were historically Egypt's, as opposed to the government's position that they had always been Saudi territory and were only placed under temporary Egyptian protection.
About two months after Adly was jailed, an Egyptian court backed his legal suit with a June 21 ruling ordering the island transfer canceled. The government has appealed, and the matter now awaits discussion by a new panel of judges.
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Appeals court refuses to reconsider Wisconsin voter ID cases
Headline News |
2016/08/27 21:55
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A federal appeals court has refused to reconsider a pair of rulings affecting Wisconsin's voter ID law, meaning no more changes to the requirement are likely before the November election.
The 7th U.S. Circuit Court of Appeals on Friday unanimously declined to have a full panel of judges hear appeals of two recent rulings affecting the voter ID requirement and a host of other election-related laws.
The U.S. Supreme Court would have to intervene for any changes to happen before the Nov. 8 election.
The appeals court's upholding the earlier rulings means that Wisconsin voters will have to show an acceptable ID to vote, but those having trouble getting it can get a temporary ID from the Division of Motor Vehicles.
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Judge in Stanford swimmer case switching to civil court
Legal Watch |
2016/08/26 21:56
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A judge whose six-month sentence in the sexual assault case of a former Stanford swimmer has removed himself from handling criminal matters, but efforts to recall him remain.
Santa Clara County Judge Aaron Persky requested that he be assigned to civil court and that request was approved, the county's Presiding Judge Rise Pinchon said in a statement Thursday.
"While I firmly believe in Judge Persky's ability to serve in his current assignment, he has requested to be assigned to the civil division, in which he previously served," Pichon said. "Judge Persky believes the change will aid the public and the court by reducing the distractions that threaten to interfere with his ability to effectively discharge the duties of his current criminal assignment."
The move is not necessarily permanent. The assignment is subject to an annual review and takes effect Sept. 6.
Pichon said that another judge's desire to transfer to Palo Alto has made a quick swap with Persky possible. Normally such changes don't happen until a new year.
Persky ordered the six-month sentence for Brock Turner, a Dayton, Ohio, resident who had been attending Stanford on a swimming scholarship. The judge cited a probation department recommendation and the effect the conviction will have on Turner's life.
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