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Court: State prisoners count at home in redistricting
Court Watch |
2011/12/05 10:17
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A state court ruled Friday that prisoners must be counted among voters back in their home neighborhoods rather than in upstate prisons for the purpose of redrawing state legislative districts, a likely blow to the slim Republican majority in New York’s Senate.
Although prisoners cannot vote, the decision means more voters will be counted as living in heavily Democratic New York City and other urban areas as part of the redistricting process, which is tied to the census. That would reduce the population upstate and likely result in fewer seats in the Assembly and Senate representing sparsely populated upstate areas where prisons are located.
The Senate’s Republican majority says it will appeal the ruling by a trial level judge in Albany.
The immediate practical result of the decision could be minor. The state redistricting commission is already redrawing legislative districts by following a 2010 law requiring prisoners to be counted in their latest home neighborhoods. |
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US court won't block its Texas redistricting map
Court Watch |
2011/11/28 09:26
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A federal court refused late Friday to block a congressional redistricting map it drew up for Texas, rejecting a request from the state's attorney general just hours after the Republican accused the court of "undermining the democratic process."
Texas Attorney General Greg Abbott had asked the San Antonio-based court to stay the implementation of its interim map, which the court drafted when minority groups challenged the original plan passed by the Republican-dominated state Legislature.
The court-drawn map would ensure minorities made up the majority in three additional Texas congressional districts. If the 2012 elections were held under the court's map, Democrats would have an advantage as they try to win back the U.S. House.
Abbott said he would appeal to the U.S. Supreme Court. The court-ordered map will remain in place until the legal fights are resolved.
The court drew the maps after minority groups filed a lawsuit, claiming a redistricting plan devised by Republican lawmakers didn't reflect growth in the state's Hispanic and black populations. |
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NYC sues roll-your-own cigarette shops over taxes
Court Watch |
2011/11/21 09:28
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There is no place in the U.S. more expensive to smoke than New York City, where the taxes alone will set you back $5.85 per pack. Yet, addicts who visit Island Smokes, a "roll-your-own" cigarette shop in Chinatown, can walk out with an entire 10-pack carton for under $40, thanks to a yawning tax loophole that officials in several states are now trying to close.
The store is one of a growing number around the country that have come under fire over their use of high-speed cigarette rolling machines that function as miniature factories, and can package loose tobacco and rolling papers into neatly formed cigarettes, sometimes in just a few minutes.
The secret to Island's low prices is simple: Even though patrons leave carrying cartons that look very much like the Marlboros or Newports, the store charges taxes at the rate set for loose tobacco, which is just a fraction of what is charged for a commercially made pack.
Customers select a blend of tobacco leaves, intended to mirror the flavor of their regular brand. Then they feed the tobacco and some paper tubes into the machines, and return to the counter with the finished product to ring up the purchase.
The savings come at every level. Many stores sell customers loose pipe tobacco, which is taxed by the federal government at $2.80 per pound, compared with $25 per pound for tobacco made for cigarettes. The shops don't pay into the cigarette manufacturer trust fund, intended to reimburse government health programs for the cost of treating smoking-related illness. And the packs produced by "roll-your-own" shops are generally also being sold without local tax stamps, which in New York include a $1.50 city tax and a $4.35 state tax.
New York City's legal department filed a lawsuit against Island Smokes on Nov. 14, arguing that the company's Manhattan store and another on Staten Island are engaging in blatant tax evasion. |
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Accused White House shooter to appear in DC court
Court Watch |
2011/11/21 02:27
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A man accused of firing an assault rifle at the White House is expected to appear in court in Washington. Oscar Ramiro Ortega-Hernandez is scheduled to appear in federal court Monday at 1:45 p.m.
Ortega was arrested last week in Pennsylvania. The Idaho Falls, Idaho, resident is accused of driving by the White House on the evening of Nov. 11 and firing at the White House from his vehicle. Authorities say one of the rounds he fired cracked a window of the first family's living quarters.
President Barack Obama and first lady Michelle Obama were away, and no one was injured. |
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Federal court issues new political maps for Texas
Court Watch |
2011/11/18 09:02
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A federal court on Thursday issued temporary political maps for the 2012 election in Texas that some say will give Democrats a greater chance of winning seats in the Legislature.
The maps, which still must be given final court approval, will remain in place for state House and Senate districts until there is a resolution to lawsuits filed over the Legislature's proposals — likely through the 2012 elections. The court is expected to also release a proposal for new congressional districts.
Republicans have acknowledged they are not likely to hold on to the 101-49 supermajority they have in the Texas House. Still Democrats argue that the GOP map drawers went too far in trying to preserve their power.
Texas Attorney General Greg Abbott's office, which is representing the state, was reviewing the maps and "working to prepare a response as directed by the court," spokeswoman Lauren Bean said.
Democrats and minorities have complained that the maps drawn by the Republican-controlled Legislature prevent minority groups from electing their choice of candidate. |
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Conn. teeth-whitening rules challenged in court
Court Watch |
2011/11/16 09:43
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Connecticut's rules that only a dentist can provide certain teeth-whitening services are being challenged in court.
The Institute for Justice filed the lawsuit in federal court in Hartford on Wednesday. The Arlington, Va.-based law firm says the state Dental Commission's regulations promote a monopoly for dentists by banning certain teeth whitening at salons and shopping malls.
A spokesman for the state Department of Public Health says officials haven't read the lawsuit and won't comment.
Regulations imposed in June cite inherent risks in teeth whitening and say whitening involves the practice of dentistry for diagnosing causes of discoloration, customizing treatment and other work.
The Institute for Justice, which takes on libertarian causes, says the regulations have put several practitioners out of business. |
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Judge rejects appeal by Abramoff's former partner
Court Watch |
2011/11/14 01:17
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Ex-lobbyist Jack Abramoff's former partner in crime shouldn't expect relief on his appeal to reduce a $20 million restitution order.
The chief of the federal appeals court in Washington, Judge David Sentelle, told Michael Scanlon's lawyer at arguments Monday the court cannot change his client's plea agreement. The court will issue its final order in writing.
Scanlon is serving a 20-month sentence for bilking Indian tribes of millions. Abramoff persuaded the tribes that hired him for lobbying to pay inflated fees for Scanlon's public relations services, and they secretly split the profits.
Scanlon pleaded guilty in part to defrauding the tribal clients of their right to "honest services." The Supreme Court weakened the honest services law last year and Scanlon argues the restitution should be lowered to reflect that ruling. |
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