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The Supreme Court Shows Off Its Dull Side
Breaking Legal News | 2009/10/15 09:29
Chief Justice John Roberts once famously and controversially described a judge's role as akin to an umpire who merely calls balls and strikes.

On Wednesday, Roberts offered a new take on that argument in a Supreme Court case about whether lawyers who sued to force changes in Georgia's foster care program could receive extra pay for their efforts.

A federal judge awarded the lawyers an extra $4.5 million on top of the $6 million they were due under a formula. U.S. District Judge Marvin Shoob said their work was the best he'd seen in 27 years on the bench. Georgia appealed Shoob's decision.

Roberts was skeptical of Shoob's reasoning and the argument in defense of the extra money, which the court has previously said could be paid in undefined exceptional circumstances.

"The results obtained under our theory should be what the law requires, and not different results because you have different lawyers," Roberts said.

He said a judge who suggests otherwise appears to be saying, "'If you weren't there, I would have made a mistake on the law.'"

Paul Clement, the former top Supreme Court lawyer for the Bush administration, replied that capable lawyers can affect the outcome, a point not seriously in doubt in a court that regularly hears from the same band of high-priced appellate lawyers.

Finally, Roberts said good-naturedly: "Maybe we have a different perspective. You think the lawyers are responsible for a good result, and I think the judges are."

Clement responded, "And maybe your perspective's changed, Your Honor." Roberts was a top Supreme Court advocate before he became an appellate judge, earning more than $1 million in his final year in private practice.



NY court hears case against gay marriage benefits
Breaking Legal News | 2009/10/14 04:04

A Christian legal group seeking to stop New York agencies from recognizing same-sex marriages performed outside the state argued in the state's highest court Tuesday that the practice amounts to a policy decision that requires approval by lawmakers.

Attorney Brian Raum told state Court of Appeals judges that a law their court upheld three years ago defines marriage as between one man and one woman, based on "well established public policies linking marriage in New York to procreation and the welfare of children."

Raum's group — the Alliance Defense Fund of Scottsdale, Ariz. — is representing New York plaintiffs who are challenging state and county benefits for spouses of same-sex couples married in Canada or states where those marriages are legal.

The state has exceptions for marriages performed elsewhere that are considered abhorrent in New York, including incest and polygamy. Raum argued that same-sex marriage should be regarded as another exception.

He acknowledged when questioned by judges that a bill to legalize same-sex marriage in New York recently passed the state Assembly. He also acknowledged that the law defining marriage is a century old, and some more recent statutes protect gays in New York from discrimination.



Court to decide constitutionality of bad advice
Breaking Legal News | 2009/10/13 09:25

Supreme Court justices are questioning whether defendants should expect their lawyers to advise them on all the possible consequences of a guilty plea before it is submitted to a court.

Jose Padilla wants his guilty plea to drug charges thrown out. The Honduras-born immigrant says he wouldn't have made the plea if his lawyer hadn't incorrectly told him it would not affect his immigration status. He now faces deportation.

Lawyer Stephen Kinnaird says bad advice on the collateral consequences of a guilty plea is a violation of the constitutional right of "effective assistance of counsel."

But prosecutor WM Robert Long Jr. said criminal attorneys' only constitutional duty is to advise defendants on guilt, innocence and sentencing when it comes to pleas.



Fla. appeal court again rules against NCAA
Breaking Legal News | 2009/10/13 09:24

A Florida appellate court again has rebuffed the NCAA's effort to prevent public release of documents on academic cheating at Florida State.

The 1st District Court of Appeal late Monday denied the college athletics organization's motions for a rehearing or certification of the case to the Florida Supreme Court.

The documents being sought by The Associated Press and other news media concern a proposal to take wins away from coaches and athletes.

That includes football coach Bobby Bowden who could lose 14 victories — diminishing his already dwindling chances of overtaking Penn State's Joe Paterno as major college football's winningest coach.



Prison time, felony charges rare for relic looters
Breaking Legal News | 2009/10/12 08:37
Sentences of probation — not prison time — for a southern Utah mother and daughter who pleaded guilty to illegal trafficking of Indian artifacts last month weren't out of the ordinary.

A 10-year analysis of prosecutions under a law meant to punish artifact looters shows most people convicted never go to prison.

Archaeologist and former academic Robert Palmer has found in his review of cases from 1996 to 2005 that of the 83 people found guilty, 20 went to prison and 13 of those received sentences of a year or less. Another study found only 14 percent of artifact looting cases are ever solved.

Jeanne and Jericca Redd were given probation after pleading guilty to several felonies related to a sweeping federal investigation into grave robbing and artifact trapping in the Southwest.



Congress to look into Vikings case
Breaking Legal News | 2009/10/12 08:35

The House Energy and Commerce Committee plans to conduct a hearing next month on the case of two professional football players whose suspensions were blocked by a federal appeals court.

Committee Chairman Henry Waxman, D-Calif., is concerned that the legal issues raised in the case "could result in weaker performance-enhancing drugs policies for professional sports," the committee said in a statement issued to The Associated Press Thursday.

The committee provided the statement after the AP reported the hearing, citing two people with knowledge of the committee plans. The two spoke on the condition of anonymity because the hearing had not yet been announced.

The NFL had attempted to suspend Minnesota Vikings Pat Williams and Kevin Williams four games each for violating the league's anti-doping policy.

But the players sued, arguing that the NFL's testing violated state workplace laws. A federal judge issued an injunction blocking the order, which was upheld last month by a three-judge panel of the 8th U.S. Circuit Court of Appeals.

The decision troubled the NFL and professional sports leagues, which expressed concern about players being subjected to different standards depending on their state. NFL commissioner Roger Goodell said after the ruling that the NFL was considering its next step, which could include an appeal, a trial in state court, or taking the issue to Congress. Subsequently, the league was granted more time to file documents asking the court to reconsider the suspensions.



Sharp debate at high court over cross on US land
Breaking Legal News | 2009/10/12 08:33
As the Supreme Court weighed a dispute over a religious symbol on public land Wednesday, Justice Antonin Scalia was having difficulty understanding how some people might feel excluded by a cross that was put up as a memorial to soldiers killed in World War I.

"It's erected as a war memorial. I assume it is erected in honor of all of the war dead," Scalia said of the cross that the Veterans of Foreign Wars built 75 years ago atop an outcropping in the Mojave National Preserve. "What would you have them erect?...Some conglomerate of a cross, a Star of David, and you know, a Muslim half moon and star?"

Peter Eliasberg, the American Civil Liberties Union lawyer arguing the case, explained that the cross is the predominant symbol of Christianity and commonly used at Christian grave sites, not that the devoutly Catholic Scalia needed to be told that.



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