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Justice Thomas: Honor Scalia by reining in government
Legal Interview | 2016/12/03 21:43
Supreme Court Justice Clarence Thomas is calling fellow conservatives to continue the work of the late Justice Antonin Scalia to keep the power of the courts and other branches of government in check.

Thomas tells 1,700 people at a dinner in honor of Scalia that the Supreme Court has too often granted rights to people that are not found in the Constitution. He cited the decision in 2015 that made same-sex marriage legal across the country.

Thomas said he and his longtime friend and colleague formed an "odd couple" of a white New Yorker and a black man from Georgia.

He paraphrased Lincoln's Gettysburg address to exhort the audience to "be dedicated to the unfinished business for which Justice Scalia gave his last full measure of devotion."



Court rejects challenge to Michigan's emergency manager law
Legal Interview | 2016/09/15 22:50
An appeals court on Monday rejected a challenge to Michigan's emergency manager law, saying Gov. Rick Snyder's remedy for distressed communities doesn't violate the constitutional rights of residents.

Emergency managers have exceptional power to run city halls and school districts, while elected officials typically are pushed aside for 18 months or more while finances are fixed. The most significant use of emergency management occurred in Detroit, where Snyder appointed bankruptcy expert Kevyn Orr in 2013. Orr seved for two years.

Critics who sued argued that the law violated a variety of rights — free speech, voting, even protections against slavery — especially in cities with large black populations.

The law might not be the "perfect remedy" but it's "rationally related" to turning around local governments, the 6th U.S. Circuit Court of Appeals said in a 3-0 decision.

"The emergency manager's powers may be vast, but so are the problems in financially distressed localities, and the elected officials of those localities are most often the ones who ... led the localities into their difficult situations," the court said in upholding a decision by U.S. District Judge George Caram Steeh.



Supreme Court to swear in large group of deaf lawyers
Legal Interview | 2016/04/12 08:43
Mobile phones ordinarily are strictly forbidden in the marble courtroom of the nation's highest court, but the justices are making an exception next week when roughly a dozen deaf and hard-of-hearing lawyers will be admitted to the Supreme Court bar.

The lawyers will use their phones to see a real-time transcript as they take part in an April 19 swearing-in ceremony featuring the largest group of hearing-impaired attorneys ever admitted at one time to practice before the high court.

Advocates for deaf lawyers say they hope the event will encourage others with disabilities to pursue legal careers.

"We wanted to do an event that would help break down stereotypes and demonstrate clearly that deaf and hard-of-hearing individuals can achieve anything they set their minds to," said Anat Maytal, a New York lawyer and president of the Deaf and Hard of Hearing Bar Association.

Nearly 4,000 lawyers join the Supreme Court bar each year, though the vast majority will never actually represent a client there. Membership requires a $200 fee, membership in a state bar for three years and sponsorship by two current Supreme Court bar members.



African-American voters see court fight as affront to Obama
Legal Interview | 2016/02/27 22:08
Watching the fight unfold between President Barack Obama and Senate Republicans over who should choose the next Supreme Court justice, Michael A. Bowden got angry at what he saw at the latest affront to the first black president.

And then his thoughts turned from Washington to his own state.

Obama won't be on the ballot this fall, but Pennsylvania GOP Sen. Pat Toomey will ? and Bowden has made defeating him in November a priority.

"This kind of thing really burns me to the core," said Bowden, a 56-year-old Air Force veteran from Philadelphia. "I've already started planting the seed in people's heads that Sen. Toomey is one of those people in lockstep with the Republicans. This could give him a wake-up call that he could be vulnerable as well."

Democrats are pressuring senators in Pennsylvania, Ohio, New Hampshire, Illinois and Wisconsin to back down from their refusal to confirm or even consider Obama's nominee to succeed the late Antonin Scalia or face the consequences in November. In some states, they may get help from African-Americans who see the court battle as the latest GOP snub of Obama ? one rooted in racism, which could galvanize a crucial component of the Democratic voting bloc.



Chief justice remembers Scalia's 'irrepressible spirit'
Legal Interview | 2016/02/20 22:10
Chief Justice John Roberts on Monday remembered the late Justice Antonin Scalia as a friend and colleague of "irrepressible spirit" as the Supreme Court resumed work for the first time since Scalia's death.

"He was our man for all seasons and we will miss him beyond measure," Roberts said in brief remarks after the court's eight remaining justices took the bench.

Roberts recounted Scalia's humble roots in New Jersey, his graduation at the top of his class at Georgetown University and his stellar performance at Harvard Law School. As a top attorney at the Justice Department, Roberts said Scalia argued his first and only case before the Supreme Court in 1976.

"He prevailed, establishing a perfect record before the court," Roberts said to laughter.

Scalia became the 103rd justice confirmed to the high court in 1986, Roberts noted, and wrote 292 majority opinions for the court.

"He was also known on occasion to dissent," Roberts said to more laughter.

The high court is resuming work just two days after the justices and thousands of dignitaries, friends and family mourned his loss at a funeral Mass in Washington.

The void created by Scalia's death was visible on Monday. His chair, in its usual place to the right of Roberts, was draped in black wool crepe, which will remain until next month.

Only in late March do the justices plan to switch seats in line with their seniority on the court. Justice Anthony Kennedy is now the longest-serving member of the court, with 28 years of experience.

President Barack Obama has vowed to nominate a candidate to take Scalia's seat, but Senate Republicans, backed by their party's presidential contenders, have pledged to block anyone Obama puts forward. Republicans have said the choice should await the next president.

Scalia's sharp questioning of lawyers transformed arguments into lively sessions in which the justices sometimes seemed to be talking to each other, rather than to the lawyers arguing before them.


Burkina Faso court rejects candidate of former ruling party
Legal Interview | 2015/09/02 21:37
A court in Burkina Faso on Saturday rejected the chosen presidential candidate of the former ruling party, prompting threats of a boycott of the vote in October.

The presidential and legislative elections scheduled for Oct. 11 are intended to end one year of transitional rule imposed after longtime President Blaise Compaore was ousted in a popular uprising triggered by his attempt to alter rules that would have prevented him from seeking a third term.

The candidate list published Saturday included 16 of the 22 proposed candidates. The list is still provisional and appeals can be filed until Sept. 6. Most of the rejected candidates were disqualified for failing to pay the necessary fees.

But Eddie Comboigo, the chosen candidate of Compaore's Congress for Democracy and Progress, was barred under a new electoral code passed earlier this year that disqualifies candidates who supported Compaore's bid to stay in office. Earlier this week, the court rejected more than 40 candidates for the legislative vote including former ministers and lawmakers close to Compaore.

The United States has expressed concern about the code, which was denounced by a regional court. The country's interim leader, Michel Kafando, initially said the country would abide by the regional court's ruling, but transitional authorities have more recently called for the High Court's decisions to be respected.

Compaore's party will boycott the elections "and resort to civil disobedience" if its candidates are blocked from running, said Jonathan Yameogo, a communications official with the party.


Ill. high court rejects intervention on state paychecks
Legal Interview | 2015/07/18 16:48
The Illinois Supreme Court has denied a request by state officials to decide the issue of paying government workers during the budget crisis.

The high court made no comment Friday in rejecting the plea by Attorney General Lisa Madigan.

Madigan sought intervention because two separate courts ruled opposite ways last week on pay for 64,500 employees.

A Cook County judge ruled it would be illegal to pay most of them. But an appellate court reversed that decision Friday and sent it back for additional arguments.

A St. Clair County judge decreed it would violate the Constitution not to pay them.

State Comptroller Leslie Munger began paying workers this week.

A new fiscal year began July 1 but Gov. Bruce Rauner and legislative Democrats can't agree on a spending plan.



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