|
|
|
Supreme Court won’t upset Arkansas anti-Israel boycott law
Court Watch |
2023/02/21 13:57
|
The Supreme Court on Tuesday refused to step into a legal fight over state laws that require contractors to pledge not to boycott Israel.
The justices rejected an appeal on behalf of an alternative weekly newspaper in Little Rock, Arkansas, that objected to a state law that reduces fees paid to contractors that refuse to sign the pledge.
The full federal appeals court in St. Louis upheld the law, overturning a three-judge panel’s finding that it violated constitutional free speech rights.
Similar measures in Arizona, Kansas and Texas were initially blocked by courts, prompting lawmakers to focus only on larger contracts. Arkansas’ law applies to contracts worth $1,000 or more.
Republican legislators in Arkansas who drafted the 2017 law have said it wasn’t prompted by a specific incident in the state. It followed similar restrictions enacted by other states in response to a movement promoting boycotts, divestment and sanctions of Israeli institutions and businesses over the country’s treatment of Palestinians. Israeli officials said the campaign masked a deeper goal of delegitimizing and even destroying their country.
|
|
|
|
|
|
|
Same-sex marriage is now legal in all of Mexico’s states
Court Watch |
2022/10/27 13:42
|
Lawmakers in the border state of Tamaulipas voted Wednesday night to legalize same-sex marriages, becoming the last of Mexico’s 32 states to authorize such unions.
The measure to amend the state’s Civil Code passed with 23 votes in favor, 12 against and two abstentions, setting off cheers of “Yes, we can!” from supporters of the change.
The session took place as groups both for and against the measure chanted and shouted from the balcony, and legislators eventually moved to another room to finish their debate and vote.
The president of the Supreme Court of Justice of the Nation, Arturo Zaldívar, welcomed the vote. “The whole country shines with a huge rainbow. Live the dignity and rights of all people. Love is love,” he said on Twitter.
A day earlier, lawmakers in the southern state of Guerrero approved similar legislation allowing same-sex marriages.
In 2015, the Supreme Court declared state laws preventing same-sex marriage unconstitutional, but some states took several years to adopt laws conforming with the ruling.
|
|
|
|
|
|
|
Ohio governor’s race split by pandemic, abortion, gun rights
Court Watch |
2022/10/20 12:09
|
Just three years ago, Ohio Republican Gov. Mike DeWine and Dayton Mayor Nan Whaley, a Democrat, stood side by side, promising to push together for gun control proposals after a gunman killed nine people and wounded more than two dozen in the city’s nightclub district. It was a short-lived pledge.
Allies then, DeWine and Whaley are now facing each other in a partisan governor’s race defined by events that neither could have predicted at the time: the coronavirus pandemic and a U.S. Supreme Court’s ruling overturning Roe v. Wade.
They no longer see eye-to-eye on guns either. Their gun control proposals never came about, and since the Dayton mass shooting DeWine signed legislation loosening gun restrictions — including a so-called stand your ground bill eliminating the duty to retreat before using force and another making concealed weapons permits optional for those legally allowed to carry a weapon.
“The politics got hard and Mike DeWine folded,” Whaley said this year.
Both candidates survived contested primaries to face each other in November. DeWine overcame two far-right opponents who criticized him for his aggressive decisions early in the pandemic, including a business shut-down order and a statewide mask mandate. Despite more than four decades in Ohio politics, DeWine failed to secure 50% of the primary vote.
Whaley easily defeated former Cincinnati mayor John Cranley and is now trying to regain a seat last won by Democrats 16 years ago.
Since the primary, Whaley has hammered DeWine for signing those gun bills and for his anti-abortion positions, including his 2019 signing into law of Ohio’s anti-abortion “ fetal heartbeat bills.”
But despite criticism that DeWine took from members of his own party over his approach to the coronavirus and Democratic furor over the Supreme Court’s abortion ruling, most polls show DeWine comfortably ahead. Ultimately, that still comes down to DeWine’s long years in Ohio politics, said Tom Sutton, a political science professor at Baldwin-Wallace University.
Sutton noted that a September Marist poll found that 42% of adults statewide had either never heard of Whaley — who also ran briefly for governor in 2018 — or didn’t know how to rate her. Meanwhile, DeWine has previously won statewide races for lieutenant governor, U.S. senator, attorney general and governor.
|
|
|
|
|
|
|
Judge rules teen was justified in shooting assailant 7 times
Court Watch |
2022/08/23 09:32
|
A Georgia judge has dismissed a murder charge against a teen after concluding that he was legally justified in shooting a man seven times in 2021 because the man was trying to kidnap him.
The Ledger-Enquirer of Columbus reports that Muscogee County Superior Court Judge John Martin dismissed charges Wednesday against the unnamed teen at the behest of prosecutors who concluded from witnesses and video footage that the boy had a right to defend himself to stop a forcible felony under Georgia’s “stand your ground” law.
The boy, then 16, shot and killed Iverson Gilyard in August 2021 at a Columbus park. The newspaper withheld the boy’s name because he was a juvenile and has now been cleared of charges.
The boy was indicted as an adult in February for murder, aggravated assault, and possessing a gun while committing a felony. But prosecutors later concluded that Gilyard was the primary aggressor, entering the park and hitting the boy over the head with a handgun three times as the boy tried to get away.
Assistant District Attorney Robin Anthony said Gilyard, 22, also threatened to shoot the teen, saying “I’m going to bust you in the kidney.” When parents at the park complained, Anthony said Gilyard told the teen to follow him, stuck the gun in his waistband, and said, “You’d better not run, either.” Anthony said when Gilyard turned to walk away, the teen took a gun from his backpack and shot Gilyard. The 22-year-old was shot seven times, four times in the back, his family has said.
|
|
|
|
|
|
|
Wisconsin Supreme Court disallows absentee ballot drop boxes
Court Watch |
2022/07/06 09:53
|
Wisconsin’s conservative-controlled Supreme Court ruled Friday that absentee ballot drop boxes may be placed only in election offices and that no one other than the voter can return a ballot in person, dealing a defeat to Democrats who said the decision would make it harder to vote in the battleground state.
However, the court didn’t address whether anyone other than the voter can return his or her own ballot by mail. That means that anyone could still collect multiple ballots for voters and, instead of using a drop box, put them in the mail.
Republicans have argued that practice, known as ballot harvesting, is ripe with fraud although there has been no evidence of that happening in Wisconsin. Democrats and others argue that many voters, particularly the elderly and disabled, have difficulty returning their ballots without the assistance of others.
Supporters argue drop boxes are a better option than mailing ballots because they go directly to the clerks and can’t be lost or delayed in transit.
The decision sets absentee ballot rules for the Aug. 9 primary and the fall election; Republican U.S. Sen. Ron Johnson and Democratic Gov. Tony Evers are seeking reelection in key races.
Johnson and other Republicans hailed it as a win for voter integrity.
“This decision is a big step in the right direction,” Johnson said.
Evers and other Democrats said the ruling will make it more difficult for people to vote.
“It’s a slap in the face of democracy itself,” said Democratic Party Chairman Ben Wikler.
The court’s 4-3 ruling also has critical implications in the 2024 presidential race, in which Wisconsin will again be among a handful of battleground states. President Joe Biden defeated Donald Trump in 2020 by just under 21,000 votes, four years after Trump narrowly won the state by a similar margin.
|
|
|
|
|
|
|
Temple prof seeks reinstatement of damage claims against FBI
Court Watch |
2022/02/10 10:41
|
A Temple University physics professor who was charged with sharing scientific technology with China only for the case to collapse before trial and be dismissed by the Justice Department asked a federal appeals court on Monday to reinstate his clams for damages against the U.S. government.
Lawyers for Xiaoxing Xi and his wife say in a brief filed Monday with a Philadelphia-based appeals court that a judge erred last year when he dismissed most of the claims in their federal lawsuit. They assert that the FBI agent who led the investigation “intentionally, knowingly or recklessly” made false statements and misrepresented evidence so that prosecutors could get an indictment.
“When law enforcement agents abuse the legal process by obtaining indictments and search warrants based on misrepresentations or by fabricating evidence, it undermines the legitimacy of the courts,” Xi’s legal team, which includes lawyers from the American Civil Liberties Union, wrote in the brief.
|
|
|
|
|
|
|
US sanctions Myanmar judiciary officials on coup anniversary
Court Watch |
2022/01/31 12:34
|
The Biden administration on Monday slapped sanctions on top members of Myanmar’s judiciary and one of its main revenue-producing ports over rights abuses since last year’s coup.
The sanctions on the country’s attorney general, supreme court chief justice and others were announced by the Treasury and State Departments to coincide with the one-year anniversary of the February 2021 coup, which replaced a civilian-led government with a military regime.
The penalties freeze any assets that those targeted may have in U.S. jurisdictions and bar Americans from doing business with them and are to be complemented by similar measures from Britain and Canada.
“One year after the coup, the United States, along with allies in the United Kingdom and Canada, stands with the people of Burma as they seek freedom and democracy,” Treasury said in a statement using the country’s alternate name. “We will continue to target those responsible for the coup and ongoing violence, enablers of the regime’s brutal repression, and their financial supporters.”
Among the judiciary, the new sanctions apply to Attorney General Thida Oo, Supreme Court chief justice Tun Tun Oo, and Tin Oo, the chairman of the Myanmar’s anti-corruption commission. The sanctions also hit the KT Services and Logistics Company, which operates a major port in Myanmar’s economic hub of Yangon, and its CEO as well as the procurement department of the country’s defense ministry.
“The United States will continue to work with our international partners to address human rights abuses and press the regime to cease the violence, release all those unjustly detained, allow unhindered humanitarian access, and restore Burma’s path to democracy,” Secretary of State Antony Blinken said.
|
|
|
|
|
|
|
Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
Law Firm Directory
|
|
Legal News RSS Feed
