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Breyer says Supreme Court not diminished with only 8 members
Firm Websites | 2016/06/12 20:12
Justice Stephen Breyer said Monday that the Supreme Court has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.

Breyer suggested in response to questions at an awards ceremony at the Library of Congress that Scalia would have made a difference in only four or five cases out of more than 70 the court will decide this term.

"We may divide 4-4 in four or five cases, we may not," Breyer said of the term than will end in June.

That could include some of the term's biggest cases involving abortion and immigration. A tie vote would leave the lower court ruling in place and prevent the court from setting a legal precedent that applies to the entire country.

The court has already deadlocked in three cases, including a high-profile dispute over public-sector labor unions. And last week, the justices returned a dispute over access to birth control to lower courts, suggesting they could not form a majority that would have settled a major conflict over the scope of the nation's health care law.

Breyer stressed that the court in recent years has ruled unanimously about half the time and divided 5-4 in only a small percentage of cases. Chief Justice John Roberts and Justices Samuel Alito and Elena Kagan also have said in recent public comments that the court would find its way until a ninth justice is confirmed.

Breyer did not address the partisan debate over whether the Senate should confirm Judge Merrick Garland, nominated by Obama to take Scalia's seat. Senate Republicans have refused to hold a hearing on Garland's confirmation or schedule a vote, saying the choice should be left to Obama's successor.

Breyer was at the ceremony, the Burton Awards for Legal Achievement, to receive an award for his latest book about the use of foreign law in American courts.






High court sides with property owners in wetlands case
Firm Websites | 2016/06/02 06:35
The Supreme Court is making it easier for landowners to bring a court challenge when federal regulators try to restrict property development due to concerns about water pollution.

The justices ruled unanimously Tuesday that a Minnesota company could file a lawsuit against the U.S. Army Corps of Engineers over the agency's determination that its land is off limits to peat mining under the Clean Water Act.

The ruling is a win for property rights and business groups that said it was unfair for government agencies to decide what land is subject to complex environmental laws without a court ever deciding whether the agency is right.

It was the second time in four years that the high court sided with property owners against the government in a dispute over the right to challenge a designation of protected wetlands.

The Obama administration argued that the Hawkes Company could only contest the finding by seeking a permit, an expensive process that could take years to resolve. The company said it should be able to challenge the order immediately in federal court without having to spend more than $100,000 on a permit or risk hefty fines.

Writing for the court, Chief Justice John Roberts said the Corps' decision was the kind of final decision that carries a risk of major criminal and civil penalties if landowners don't go along. He said property owners shouldn't have to wait for the agency to "drop the hammer in order to have their day in court."

The case began when the East Grand Forks, Minnesota, company planned to expand its peat processing operations and asked the Corps for guidance. The agency issued a determination that the property was governed by the Clean Water Act because it affected the Red River of the North about 120 miles away.



High court rejects appeal over Homeland Security records
Firm Websites | 2016/01/10 22:57
The Supreme Court won't hear an appeal from a public interest group seeking to get internal records from the Department of Homeland Security about its protocol for shutting down wireless networks during emergencies.

The justices on Monday let stand an appeals court ruling that said the agency could refuse to release the documents under an exception to the Freedom of Information Act for disclosures that could endanger lives.

The Electronic Privacy Information Center argued that the appeals court construed the law too broadly so that the government could conceal any records by claiming they concern security measures.

The U.S. Court of Appeals for the District of Columbia Circuit said the agency didn't need to specify exactly whose life would be endangered.



Charleston church suspect's friend charged with lying to FBI
Firm Websites | 2015/09/17 00:33
A friend of the man accused of gunning down nine parishioners at a Charleston church is charged with lying to federal authorities and concealing information during their investigation, and he was scheduled for his first court appearance Friday.
 
Court documents dated Tuesday and unsealed Friday say that Joey Meek, 21, told an FBI agent that he did not know specifics about Dylann Roof's plan to shoot the churchgoers during Bible study, but the FBI says that was a lie.

Authorities notified Meek last month that he was under investigation. He was arrested Thursday. It wasn't clear whether he had an attorney to contact for comment on the case, but his girlfriend has said he is innocent. Meek was expected to appear in court for arraignment at 11 a.m. Friday.

Meek has said Roof stayed with him in before the shootings. Meek previously told The Associated Press that Roof had drunkenly complained that "blacks were taking over the world" and "someone needed to do something about it for the white race."

Roof faces federal hate crime charges as well as nine counts of murder in state court in the June 17 shootings.

On Aug. 6, Meek received a letter that he was the target of an investigation.




Fred Meissner - Tax Lawyer in Phoenix, Arizona
Firm Websites | 2014/04/25 18:00
Fred Meissner is a former IRS Revenue Agent with over 30 years of government and private experience. Twenty years ago, before his admission to the bar as a tax lawyer in Arizona, Mr. Meissner was an IRS agent for ten years. He has worked in corporate tax departments for Fortune 500 companies and the "Big Four" Accounting Firms. He holds a LL.M., a specialized law degree in Taxation. With this combination of education, training and experience, he provides his clients with unique insight and judgement on any tax question.

Mr. Meissner's areas of expertise include state and federal income tax audit, sales tax audits, property tax issues, tax debt, reduction, installment agreements, Offers in Compromise, tax penalty abatements, business tax issues, tax-motivated bankruptcy, and many related difficulties.

Mr. Meissner represents tax clients throughout the United States. He also advises on bankruptcy filing, tax planning, and estate planning and asset protection.

At the Law Offices of Fred Meissner, we will deal with the IRS or state, offer the ability to prepare tax returns, and do a bankruptcy if necessary. We are your one stop shopping solution.

If you are in need of tax consultation in Phoenix, Arizona, please contact the Law Offices of Fred Meissner for your legal needs.


Law Office of Rita O. White - Canton Criminal & DUI Lawyers
Firm Websites | 2014/04/25 18:00
If you're facing a legal issue and seek guidance, the Law Office of Rita O. White is here to help. Tackling any legal matter without a trained professional can negatively impact the outcome of your legal situation. Our Plymouth Canton Criminal lawyers understand the stress that comes with looming legal issues which is why we work tirelessly to support our clients no matter the situation.

We believe in giving clients our full attention and treating them with care and respect. When you work with us, you'll get the benefit of:

Caring and knowledeable lawyers
Convenient office hours
Reasonable attorney fees

Don't risk anything! Our dedicated team of lawyers are always available to offer guidance and support. To set up an appointment today or learn more about our Plymouth Canton Criminal law practice contact us at the Law Office of Rita O. White today.


Sydney Criminal Lawyers - Sydney criminal defence lawyers
Firm Websites | 2012/02/28 18:27
Sydney Criminal Lawyers are a team of professional, experienced and highly respected specialist criminal and traffic defence lawyers. With two offices located in Sydney's Downing Centre Courts, our team of attorneys consistently achieve outstanding results in different criminal cases throughout the NSW area. We are the only criminal law firm to offer an "Accredited Specialist Guarantee" which means we will represent you on all important court days by the very best criminal or traffic lawyer in our firm. Additionally, we offer a great fixed fee-no hidden costs for our clients who are on a budget. Sydney Criminal Lawyers is the only accredited criminal law firm to offer these fixed fees for a wide range of criminal law services. Our results speak for themselves and we are the legal experts here to defend for your freedom to get you back on the road and on with your life as soon as possible.

At Sydney Criminal Lawyers, their attorneys have extensive experience in a wide range of criminal cases. With their comprehensive knowledge of drink driving, drug, and assault laws, their ability to defend their clients and win criminal cases have shown a proven track record. They care and understand how important a clean record is and will fight for their clients to secure favorable results. We have a winning attitude that will help ease your stresses.


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