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Roberts court overrules respect for precedent
Practice Focuses | 2007/07/07 09:19

President Bush has let down his core supporters in so many ways. There's the big federal deficit. The "war on terror" has degenerated into a civil war in Iraq. His failed let-them-stay immigration policy clearly isn't what most in the GOP wanted. Remember the president's promise to set up private Social Security accounts? But in one big way, President Bush has done exactly what the conservative base hoped he'd do if elected and reelected. With the appointments of Chief Justice John Roberts and Associate Justice Samuel Alito, President Bush has turned the U.S. Supreme Court into a force to dismantle progressive policies of the past few decades.

Previously, the Supreme Court had upheld Congress' decision to stem the corrupting influence of big money on political campaigns. Even as the scandals surrounding former Rep. Randy "Duke" Cunningham and lobbyist Jack Abramoff proved that lawmakers were right to be concerned about big-bucks corruption of their own institutions, the Supreme Court this term struck down limits on contributions from corporations and unions - so long as those contributions come in the form of attack ads at least minimally disguised as "issue ads."

Although unions, which often back Democrats, benefit from the ruling, conservative Republicans are particularly thrilled because right-to-life groups have been aggressive in using such attack ads.

Note that Congress had not said such groups could not run attack ads. The law simply required that they be paid for with regulated "hard money" donations and not with unregulated "soft money."

The newly conservative court also took aim at Brown vs. Board of Education. Unlike that unanimous landmark delivered more than a half-century ago, the Roberts court could muster only a bare 5-4 vote to chip away at that important precedent. But the Bush administration's core supporters never have been shy about claiming total power from a slight - or even nonexistent - majority. The Roberts court said schools can't consider race as a factor when trying to rectify racial imbalance in schools. The upshot is that, in too many cases, schools will be unable to rectify racial imbalances. It's a step toward the bad old days of separate but equal.

The Roberts court has a habit of denying it is overturning established precedent even as it blatantly overturns established precedent. Expect, given the court's decision to outlaw a procedure used in mid- and late-term abortions, that other precedents concerning abortion rights will receive the same lack of respect.

The Bush presidency has been, by most methods of reckoning on the left and the right, a disaster. Depending on how long Mr. Bush's backward-looking majority dominates the high court, it could prove to be his biggest disaster, no matter how much his narrow base might celebrate it as his only victory.



Appeals court supports Bush on wiretapping
Breaking Legal News | 2007/07/07 09:14

A federal appeals court on Friday removed a serious legal challenge to the Bush administration's warrantless wiretapping program, overruling the only judge who held that a controversial surveillance effort by the National Security Agency was unconstitutional. Two members of a three-judge panel of the Cincinnati-based U.S. Court of Appeals ordered the dismissal of a major lawsuit that challenged the wiretapping, which President Bush authorized secretly to eavesdrop on communications involving potential terrorists shortly after the Sept. 11, 2001, attacks.

The court did not rule on the spying program's legality. Instead, the decision found that the American Civil Liberties Union, academics, lawyers and journalists who brought the case did not have standing to sue because they could not demonstrate that they had been direct targets of the clandestine surveillance.

The decision vacates a ruling in the case last August by a U.S. District Court judge in Detroit, who found that the administration's program to monitor private communications violated the Bill of Rights and a 1970s federal law, the Foreign Intelligence Surveillance Act.

Friday's action in the 6th Circuit means that the principal remaining legal challenge to the NSA's Terrorist Surveillance Program is a group of cases pending before a U.S. District Court judge and the U.S. Court of Appeals for the 9th Circuit in California.

The primary issue before that appeals court, differing somewhat from that in

the Michigan case, is whether the administration may claim that a privilege covering state secrets precludes the litigation.
In January, after Democrats gained control of Congress, the administration abruptly shifted its position. Attorney General Alberto Gonzales announced that the surveillance program would start to be overseen by a court established to hear FISA cases.

But administration officials have not described critical details of the new approach, including whether a separate warrant is required for each instance of monitoring. Aides to Bush also have asserted that the president still retains the authority to conduct surveillance without court permission.

Judge Ronald Lee Gilman, a Democratic appointee, disagreed in a dissenting opinion in which he concluded the plaintiffs were entitled to sue because they felt a need to alter their communications after the program was disclosed. Gilman also wrote that the case was not moot because "the president maintains that he has the authority to 'opt out' of the FISA framework at any time," and he agreed with the lower court judge that the program violates federal law.

Administration officials lauded the 6th Circuit's decision. Deputy White House press secretary Tony Fratto called the lower court finding that the program was unconstitutional "wrongly decided." Fratto said the appellate court "properly determined that the plaintiffs had failed to show their claims were entitled to review in federal court."

The ACLU's legal director, Steven Shapiro, said, "As a result of today's decision, the Bush administration has been left free to violate the Foreign Intelligence Surveillance Act, which Congress adopted almost 30 years ago to prevent the executive branch from engaging in precisely this kind of unchecked surveillance."

Shapiro said the ACLU was examining its legal options, including the possibility of an appeal to the Supreme Court.



College Tuition Hike At Center Of Lawsuit
Breaking Legal News | 2007/07/07 08:24

Former Florida Governor Bob Graham, an FAU professor and eight others are suing the Florida Legislature, claiming it is "unconstitutionally" controlling college tuition rates in the state. Filed on the heels of a failed 5 percent tuition hike approved by lawmakers in May but vetoed by Gov. Charlie Christ, the suit claims the Board of Governors should have the ultimate authority over how much students pay to attend Florida Atlantic University and the state's 10 other public universities.

The suit likely will not affect tuition rates this fall, but if it's successful, it could lead to a rise in the cost of a college education in Florida, where tuition is among the lowest in the country.
Established in 2003 with a constitutional amendment approved by Florida voters, the Board of Governors was given "exclusive power to operate, regulate, control, and manage" the overall state university system.

A state law allowing the Legislature to control tuition is therefor unconstitutional, the complaint states.

"They are violating the will of the people of Florida," Graham said during a conference call with reporters Friday morning. "(The Board of Governors) has a constitutional responsibility."

However, Senate President Ken Pruitt, R-Port St. Lucie, who, along with House Speaker Marco Rubio, R-West Miami, is named as a defendant in the suit, fired back. He called it "nothing more than an attempt to get unbridled tuition increases."

"God help our students if they win," Pruitt said in a statement. "I don't think voters were trying to turn the Board of Governors into the fourth branch of government."

None of the plaintiffs sit on the policy-making board, but several are university trustees and professors.

One of them, FAU marketing professor Eric Shaw, said university resources have become increasingly stretched in recent years as student enrollment increases.

More money is needed, either from the state or students, to provide quality higher education in Florida, where low tuition has led to high faculty-to-student ratios, Shaw said.

"Classes sizes get larger, faculty teach more and that cuts into their research time," he said. "But mostly you don't have as much contact with students."

Although board members would not comment on the lawsuit Friday, Shaw said he expects them to join the plaintiffs.

The board will take up the issue at a public meeting Tuesday at the University of Central Florida, said Bill Edmonds, board spokesman.

Crist's spokesman said the governor would need to review the lawsuit before commenting.

Meanwhile, Graham said the 20-page lawsuit, filed in Leon County Circuit Court in Tallahassee, has been in the works for a while but was pushed into court now because of the recent tuition increase freeze, which has universities scrambling to tighten their budgets.

"The legislature not only provides taxpayer money but decides what the student contribution will be," he said. "It does it in a way that it makes it almost impossible to have effective management of the university system."



$20 Million Trial Involving Iverson Goes to Jury
Legal Business | 2007/07/07 06:27
A federal jury began deliberations Thursday in a $20 million lawsuit against Denver Nuggets guard Allen Iverson over a 2005 nightclub fight that two patrons say was sparked by Iverson's entourage. The NBA player has testified that he had no role in the brawl. A lawyer for the men suing Iverson and his bodyguard said in closing arguments Thursday that Iverson has demonstrated little concern about the case against him. He noted that Iverson only appeared in court Monday to testify for about two hours in a trial that is now into its second week.

"He doesn't respect the court. He ain't here," attorney Gregory Lattimer told the U.S. District Court jury, motioning toward an empty chair next to Iverson's lawyer at the defense table. "He doesn't respect anything that isn't Allen Iverson."

Marlin Godfrey and David Anthony Kittrell say the fight was started by Iverson's bodyguard and entourage when the pair refused to vacate a VIP section for Iverson at the Eyebar nightclub in Washington. Iverson, 32, testified that he didn't see the fight.

Godfrey and Kittrell claim the bodyguard, Jason Kane, and Terrance Williams assaulted them. They allege that Williams, a friend of Kane, was acting on Iverson's behalf.

Godfrey was badly beaten during the melee, suffering head and other injuries. Lattimer said he suffered depression and other long-term health problems from the incident.

The lawsuit says Iverson is responsible for the brawl because he failed to properly supervise Kane and Williams _ but it does not claim he took part in the fight. The suit also accuses Kane of assault and battery for allegedly beating Godfrey with items that include a bottle.

Iverson said Monday the suit was a get-rich-quick scheme by the two men, who targeted him because of his wealth and fame. Kane testified he wasn't involved in the fight and hustled Iverson out of the club when a brawl appeared imminent.

Iverson's lawyer, Alan Milstein, told jurors Thursday that Kittrell and Godfrey lied about details of the fight and who instigated it.

Iverson had no role in the melee, and wasn't responsible for Williams, who was not working for him, Milstein said. He echoed Iverson's claim that the case was an attempt to fleece the wealthy NBA star.

"The only reason Mr. Iverson is sued is because he's got the money. This whole case is about who's got it and how do we get it," Milstein said.

Iverson faces another lawsuit for another nightclub fight involving his security in Hampton, Va. That happened less than two weeks before the Washington fight.



Lawsuit challenges green card delay
Law Center | 2007/07/07 06:22

A woman is seeking class-action status for a lawsuit that claims the federal government violated her constitutional rights when it announced that no new employer-sponsored green card applications would be accepted until the fall.
The lawsuit was filed Friday in federal court by Gabriela Ptasinska, a Polish immigrant who has a temporary work visa sponsored through her job at an engineering consulting firm. It is among the first challenging the U.S. State Department's decision.

In June, the State Department announced that employment visa numbers were available for all people seeking employer-sponsored green cards, except unskilled workers. The announcement meant that as early as this past Monday, Citizenship and Immigration Services would begin accepting applications, which require a lengthy process including certified documents and medical exams.

But an update posted Monday on the State Department Web site said 60,000 such numbers were no longer available because of "the sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month," meaning no further applications would be authorized, effective immediately.

The department called the backlog reduction efforts an "unexpected action" and said employment visa numbers would be available Oct. 1.

Ptasinska—who flew from Chicago to Lincoln, Neb., on Monday in hopes of being among the first to submit a green card application—is seeking

a ruling that would keep the application from being rejected, according to her attorney Ira Azulay.
The lawsuit names several government officials and agencies, including the U.S. Citizenship and Immigration Services, the U.S. Department of State and Secretary of State Condoleezza Rice.

State Department spokeswoman Leslie Phillips said that the agency does not comment on litigation. Calls to Citizenship and Immigration Services went unanswered.

Immigration groups like the American Immigration Lawyers Foundation claim thousands of people across the country have spent time and money on attorneys and the application.

Spokesman Tim Vettel said the foundation is in the process of preparing a similar lawsuit.



Eau de Lawsuit: Woman Sues Over Scent
Court Watch | 2007/07/07 06:21

An employee in the Detroit planning department who claims she is severely sensitive to perfumes and other cosmetics has sued the city, saying a co-worker's strong fragrance prohibits her from working. Susan McBride's lawsuit, filed Tuesday in U.S. District Court in Detroit, says the work environment is in violation of the Americans with Disabilities Act. She wants a ban on such scents at work - and unspecified damages.

City spokesman Matt Allen declined to comment, telling The Detroit News the city does not normally comment on litigation or personnel issues.

McBride, who joined the planning department in 2000, says problems started a year ago when the co-worker, who isn't identified in the lawsuit, transferred into her department.

"This employee not only wore a strong scent, but also plugged in a scented room deodorizer," the lawsuit states. "Ms. McBride was overcome by the smell almost instantly, causing her to go home sick."

The co-worker later agreed to stop using the room deodorizer, but kept using perfume, the lawsuit states.



McDermott Seeks Court Input on Tape Case
Political and Legal | 2007/07/07 05:15

Rep. Jim McDermott said Friday he will ask the Supreme Court to decide whether he had a right to disclose contents of an illegally taped telephone call involving House Republican leaders a decade ago.

A federal appeals court ruled in May that the Washington state Democrat should not have given reporters access to the tape-recorded telephone call of Republican leaders discussing the House ethics case against former House Speaker Newt Gingrich, R-Ga.

McDermott's offense was especially egregious since he was a senior member of the House ethics committee, the U.S. Circuit Court of Appeals for the District of Columbia said in a 5-4 ruling.

The congressman called the ruling an infringement of his free speech rights.

"With all due respect to the Court of Appeals, the constitutional issues involved here are much too important to be confused by a split decision," he said in a statement Friday.

"The protections afforded all Americans by the First Amendment have been placed on a very slippery slope by this (appeals court) decision," McDermott said, adding that the May 1 ruling "endangers freedom of speech and the press across America."

In its ruling, the appeals court said that when McDermott became a member of the House ethics panel, he "voluntarily accepted a duty of confidentiality" and therefore had no First Amendment right to disclose the tape to journalists.

The ruling upheld a previous decision ordering McDermott to pay House Minority Leader John Boehner, R-Ohio, more than $700,000 for leaking the taped conversation. The figure includes $60,000 in damages and more than $600,000 in legal costs.

Boehner was among several GOP leaders heard on the December 1996 call, which involved ethics allegations against Gingrich. Then the House speaker, Gingrich was heard on the call telling Boehner and others how to react to allegations. He was later fined $300,000 and reprimanded by the House.

McDermott, who was then serving on the ethics panel, leaked the tape to two newspapers, which published stories on the case in January 1997.

In a sharp dissent, Judge David B. Sentelle said that under the majority's ruling, "no one in the United States could communicate on this topic of public interest because of the defect in the chain of title," that is, the fact that the tape was obtained illegally.



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