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Abortion ban based on heartbeat rejected by appeals court
Court Watch |
2015/06/02 16:38
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A federal appeals court struck down one of the nation's toughest abortion restrictions on Wednesday, ruling that women would be unconstitutionally burdened by an Arkansas law that bans abortions after the 12th week of pregnancy if a doctor can detect a fetal heartbeat.
The 8th U.S. Circuit Court of Appeals sided with doctors who challenged the law, ruling that abortion restrictions must be based on a fetus' ability to live outside the womb, not the presence of a fetal heartbeat that can be detected weeks earlier. The court said that standard was established by previous U.S. Supreme Court rulings.
The ruling upholds a decision of a federal judge in Arkansas who struck down the 2013 law before it could take effect, shortly after legislators approved the change. But the federal judge left in place other parts of the law that required doctors to tell women if a fetal heartbeat was present; the appeals court also kept those elements in place.
Attorney General Leslie Rutledge's office was reviewing the decision "and will evaluate how to proceed," office spokesman Judd Deere said Wednesday afternoon.
The ruling wasn't a surprise to Rita Sklar, executive director of the American Civil Liberties Union of Arkansas, which represented the two doctors challenging the law. She said the case was a waste of taxpayer time, and that the decision leaves medical decisions to doctors and their patients, rather than politicians.
"We were kind of surprised it took as long as it did, frankly," Sklar said. "From our point of view it was a pretty simple case."
The law was among several abortion restrictions Republicans pushed through the Arkansas Legislature shortly after they took control of both the Senate and House for first time since Reconstruction.
A similar law restricting abortions to 20 weeks' gestation is still in effect in Arkansas, as are similar bans in 11 other states, according to the nonprofit Guttmacher Institute, which supports abortion rights. |
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Supreme Court to hear Texas Senate districts case
Court Watch |
2015/06/01 16:38
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The Supreme Court agreed Tuesday to hear an important case about whether states must count only those who are eligible to vote, rather than the total population, when drawing electoral districts for their legislatures.
The case from Texas could be significant for states with large immigrant populations, including Latinos who are children or not citizens. The state bases its electoral districts on a count of the total population, including non-citizens and those who aren't old enough to vote.
But those challenging that system argue that it violates the constitutional requirement of one person, one vote. They claim that taking account of total population can lead to vast differences in the number of voters in particular districts, along with corresponding differences in the power of those voters.
A ruling for the challengers would shift more power to rural areas and away from urban districts in which there are large populations of immigrants who are not eligible to vote because they are children or not citizens. Latinos have been the fasting growing segment of Texas' population and Latino children, in particular, have outpaced those of other groups, according to census data.
"And because urban areas are more Democratic, the ruling could help Republicans," said Richard Hasen, an expert on election law at the University of California-Irvine law school.
The Project on Fair Representation is funding the lawsuit filed by two Texas residents. The group opposes racial and ethnic classifications and has been behind Supreme Court challenges to affirmative action and the federal Voting Rights Act. |
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Appeals court skeptical of fairness of trader's conviction
Court Watch |
2015/05/14 11:45
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An appeals court panel on Wednesday expressed doubts about the fairness of a prosecution that led to a prison sentence for a man convicted of defrauding a government bailout program.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals had plenty of questions for a prosecutor as it conducted oral arguments in an appeal by Jesse Litvak, a bond trader on the Stamford, Connecticut, trading floor at Jefferies & Co. Inc.
Litvak, who's from New York, was sentenced last year to two years in prison after a jury convicted him of securities fraud, defrauding the Troubled Asset Relief Program and making false statements to the federal government. He has not had to serve his sentence pending appeal.
The conviction made Litvak, 40, the first person convicted of a crime related to the program, which used bailout funds in the financial meltdown to boost the economy.
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Lawyers for Menendez, donor due in court in corruption case
Court Watch |
2015/04/23 14:35
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Attorneys representing indicted U.S. Sen. Bob Menendez and a donor who's charged with bribing him in exchange for political favors are due in court in New Jersey.
The pretrial conference is scheduled for Wednesday afternoon in Newark.
Menendez was indicted this month on charges he accepted nearly $1 million worth of gifts and travel from longtime friend and Florida-based ophthalmologist Salomon Melgen.
Menendez is accused of trying to get the State Department to intervene in a contract dispute involving a business Melgen owned in the Dominican Republic and advocating for Melgen in a Medicare billing dispute for several years.
Melgen has been charged separately with Medicare fraud.
The trial is scheduled for mid-July. |
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Court affirms dad's rights in turkey baster conception
Court Watch |
2015/04/23 14:34
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The Virginia Court of Appeals has affirmed the parental rights of a man whose son was conceived by using a turkey baster.
A three-judge panel unanimously upheld Roanoke Circuit Judge Charles N. Dorsey's decision granting joint custody and visitation rights to Robert Preston Boardwine.
According to the court, Joyce Rosemary Bruce wanted to have a child she could raise on her own. Boardwine supplied the sperm in a plastic container. Bruce transferred it to a turkey baster, which she used to inseminate herself.
Bruce argued that Boardwine had no parental rights under the state's assisted conception law. But the appeals court said Tuesday that the law applies only to pregnancies resulting from the use of medical technology, and the use of a common kitchen implement at home doesn't qualify. |
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Retired Army Colonel Pleads Guilty to Breaking Law in Job Hunt
Court Watch |
2015/04/15 10:49
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A retired Army colonel pleaded guilty to negotiating his post-military employment with a helicopter company that did business with the Defense Department office he ran while still in uniform, according to court records filed Tuesday by U.S. government attorneys.
The former officer, Norbert Vergez, caused the terms of a contract to be adjusted so that the company would be paid faster, said a plea agreement detailing the charges. Vergez also failed to disclose on his ethics form that he had received a $30,000 check from a second company for relocation expenses. Officers of Vergez's seniority are typically allowed to be reimbursed by Defense Department for their final moving expenses.
The companies are not named in the records, which were filed in U.S. District Court in Alabama. But the documents describe MD Helicopters in Mesa, Arizona, and Patriarch Partners, a private equity firm in New York. Both companies are owned by Wall Street executive Lynn Tilton.
Vergez, 49, went to work for Tilton three months after retiring from military service in November 2012. Attorneys for Vergez did not respond to a request for comment.
The Associated Press reported in March 2014 that Vergez and Tilton were in unusually close contact for more than a year before he retired.
In an emailed statement, Patriarch Partners said it and MD Helicopters cooperated fully with the government's investigation. "Mr. Vergez's plea agreement does not contain any allegations of improper conduct by MD Helicopters, Patriarch Partners, or any of its personnel," according to the statement. |
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Man run over by Suge Knight says he punched ex-rap mogul
Court Watch |
2015/04/15 10:48
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A man who Marion "Suge" Knight ran over told authorities he was upset with the former rap music mogul and punched him through the window of the truck before a deadly encounter that left his friend dead.
Cle "Bone" Sloan testified Monday about the day he and friend Terry Carter were hit by a pickup truck driven by Knight, the co-founder of Death Row Records.
But Sloan refused to identify Knight as the man behind the wheel when he was struck outside a Compton burger stand on Jan. 29. He said he didn't remember specifics of the fight and does not want to be a "snitch."
"I will not be used to send Suge Knight to prison," Sloan, an adviser on the upcoming film "Straight Outta Compton," said, adding that he was only on the stand because he was subpoenaed.
Sloan's testimony was offered during a preliminary hearing Monday during which a judge will determine whether there's enough evidence for Knight to stand trial on murder, attempted murder, and hit-and-run charges. Authorities contend Knight intentionally hit Sloan and Carter. But Knight's attorney Matt Fletcher says his client was ambushed and was trying to escape an attack when he hit the men. |
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