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Supreme Court narrows minority district protections
Legal Business | 2009/03/09 10:19
The Supreme Court ruled Monday that electoral districts must have a majority of African-Americans or other minorities to be protected by a provision of the Voting Rights Act.

The 5-4 decision, with the court's conservatives in the majority, could make it harder for southern Democrats to draw friendly boundaries after the 2010 Census.

The court declined to expand protections of the landmark civil rights law to take in electoral districts where the minority population is less than 50 percent of the total, but strong enough to effectively determine the outcome of elections.

In 2007, the North Carolina Supreme Court struck down a state legislative district in which blacks made up only about 39 percent of the voting age population. The court said the Voting Rights Act applies only to districts with a numerical majority of minority voters.

Justice Anthony Kennedy, announcing the court's judgment, said that requiring minorities to represent more than half the population "draws clear lines for courts and legislatures alike. The same cannot be said of a less exacting standard."



Court refuses to get involved in tobacco fight
Court Watch | 2009/03/09 10:18
The Supreme Court has refused to get in the middle of a patent fight over a way to cure tobacco that may make it less carcinogenic.


The high court on Monday refused to hear an appeal from R.J. Reynolds Tobacco Co., who is being sued by Star Scientific, Inc.

Star Scientific, Inc. says R.J. Reynolds Tobacco Co. infringed on its patents on a way to cure tobacco minimizing the formation of tobacco-specific nitrosamines or TSNA, which may be carcinogenic.

But a trial court says the patents are unenforceable, because the inventor kept from the Patent and Trademark Office key documents and information — including that low-TSNA tobacco already had been grown in the U.S.

The U.S. Court of Appeals for the Federal Circuit overturned that decision, saying a judge cannot throw a patent out without clear and convincing evidence that a deception was intentional.

R.J. Reynolds lawyers wanted the high court to look at the case again, saying the appeals court ignored previous rulings on how to judge when a patent applicant doesn't turn over all required information.



Court turns down NYC case against gun industry
Breaking Legal News | 2009/03/09 10:18
The Supreme Court has turned away pleas by New York City and gun violence victims to hold the firearms industry responsible for selling guns that could end up in illegal markets.


The justices' decision Monday ends lawsuits first filed in 2000. Federal appeals courts in New York and Washington threw out the complaints after Congress passed a law in 2005 giving the gun industry broad immunity against such lawsuits.

The city's lawsuit asked for no monetary damages. It had sought a court order for gun makers to more closely monitor those dealers who frequently sell guns later used to commit crimes.

But the 2nd U.S. Circuit Court of Appeals ruled that federal law provides the gun industry with broad immunity from lawsuits brought by crime victims and violence-plagued cities. The Supreme Court refused to reconsider that decision.

The lawsuit was first brought in June 2000 while Rudy Giuliani was New York mayor. It was delayed due to the Sept. 11, 2001 terrorist attacks on the World Trade Center and because of similar litigation in the state courts.

The city refiled the lawsuit in January 2004, saying manufacturers let handguns reach illegal markets at gun shows in which non-licensed people can sell to other private citizens; through private sales in which background checks are not required; by oversupplying markets where gun regulations are lax, and by having poor overall security.



Minn. Senate race leaves voters tired of law drama
Political and Legal | 2009/03/09 07:20
What lasts longer than a Minnesota winter? The struggle to choose the nation's 100th senator.


More than four months after Election Day, Minnesota voters are only marginally closer to knowing whether Democrat Al Franken or Republican Norm Coleman will represent them in Washington.

The stakes go beyond Minnesota: Franken would put Democrats in position to muscle their agenda through with barely any Republican help, and he could be a difference-maker on the federal budget and a proposal giving labor unions a leg up on management when organizing.

Some Minnesotans, like actor Jared Reise, are past caring who wins and just want the state to regain its second senator.

"This is a very important time to have everybody there, with the way the economy is," said Reise, of suburban Eagan, who didn't vote for either man on Nov. 4. "It's a little long-winded, this whole recount."

The statewide recount ended two months ago, with Franken ahead by 225 votes out of 2.9 million cast. Coleman had held a similar sized lead heading into the recount. The campaigns are now arguing in a special court whether the latest tally is accurate.



Nacchio ordered to report to prison March 23
Business | 2009/03/05 09:04
A judge ordered former Qwest CEO Joe Nacchio to report to a federal prison in Pennsylvania on March 23 to begin serving a six-year term for insider trading.


U.S. District Judge Marcia S. Krieger on Wednesday told Nacchio to report to the minimum-security Federal Correctional Institution Schuylkill satellite camp in Minersville, Pa., by noon March 23.

A jury convicted Nacchio in 2007 of 19 counts of insider trading while acquitting him on 23 counts of the same charge.

Federal prosecutors alleged Nacchio sold $52 million worth of stock at a time when he knew Denver-based Qwest Communications International Inc. was at risk while other investors did not.

A three-judge panel of the 10th U.S. Circuit Court of Appeals overturned the conviction in a 2-1 ruling, saying the trial judge improperly barred a defense expert from testifying. The full appeals court last week disagreed and upheld Nacchio's conviction. The full court ruled 5-4 that the judge was within his discretion.

Nacchio's attorney, Maureen Mahoney, has indicated an appeal to the U.S. Supreme Court is likely. Nacchio also has challenged his sentence.

Mahoney was in a meeting Wednesday afternoon and did not immediately return messages seeking comment.



California Court to Weigh Gay Marriage Ban
Human Rights | 2009/03/05 08:50

Under intense pressure from both sides in the debate over same-sex marriage, the California Supreme Court will hear arguments Thursday on the ballot initiative passed by voters last November that outlawed such unions.


For opponents of the measure, Proposition 8, the three-hour hearing is a critical legal test. But it is also, they say, a prime moment to rally their forces and demonstrate resilience after a stinging election loss that many among them believe could have been avoided.

“It’s a need for the community to show that we will not be passive participants to our own struggle,” said Kate Kendell, executive director of the National Center for Lesbian Rights. “I think it goes to the heart of what we’ve seen since Nov. 5, and what we’ve come to appreciate as the critical importance of everyone stepping up and stepping out.”

To that end, Thursday’s hearing is being treated by some activists as a combination of election night and Super Bowl. In San Francisco, for example, Proposition 8 opponents have erected a Jumbotron screen in front of the courthouse for spectators unable to squeeze into the courtroom.

“This is our lives on the line,” said Molly McKay, media director of the volunteer group Marriage Equality USA. “We don’t want them to have to worry about getting in.”

Ms. McKay’s organization, one of several grass-roots groups that have taken a larger role in the debate on same-sex marriage since the election loss, also organized candlelight vigils around the state for Wednesday night. But more established gay rights groups like Equality California are using the hearing as a rallying point as well, having begun a television campaign on Tuesday with advertisements depicting the quest for same-sex marriage as part of a long-term civil rights campaign.

Supporters of Proposition 8, meanwhile, have taken a quieter tack. Frank Schubert, the campaign manager for Protect Marriage, the leading group behind the initiative, said supporters held a day of prayer on Sunday, asking that the justices “be granted wisdom and for our opponents to understand that our support of Proposition 8 is to affirm traditional marriage, not denigrate gays.”

Mr. Schubert also said his side had asked that supporters who choose to show up outside the courthouse on Thursday not provoke confrontations and not carry signs unless they bear positive language.

While the fall campaign was heated — and expensive, with each side spending more than $40 million — the hearing is bound to seem somewhat anticlimactic to many. The court will only hear oral arguments on Thursday, and has 90 days to come to a decision.



US urges restraint after court moves against Sudan
Breaking Legal News | 2009/03/05 08:49
The Obama administration called Wednesday for all parties to the Darfur conflict to exercise restraint after the International Criminal Court issued an arrest warrant for Sudanese President Omar al-Bashir on war crimes charges.


The United States is not a member of the court, but the White House and the State Department said that anyone who has committed atrocities should be held accountable.

"As this process moves forward, we would urge restraint on the part of all parties, including the government of Sudan," White House press secretary Robert Gibbs told reporters. "Further violence against civilians, Sudanese or foreign interests is to be avoided and won't be tolerated."

Gibbs declined to comment on whether President Barack Obama supported the issuance of the warrant, but the State Department said the indictment could help bring peace to the region.

"This can be a helpful step," State Department deputy spokesman Gordon Duguid said. "We will see how it proceeds from here."

Duguid urged all sides to cooperate with the court's decision and added that the United States, which has an embassy but not an ambassador in Khartoum, would review diplomatic contacts with Bashir in light of the ICC arrest warrant, the first issued against a sitting head of state.

"Because we take the court's actions very seriously, any official contacts with President Bashir would have to be carefully reviewed on a case-by-case basis, very mindful of the indictment," Duguid said, noting that the United States believes "it is evident that the government of Sudan has the brunt of the responsibility for what has happened in Darfur."



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