Familiar, divisive social issues on Supreme Court agenda

Court Watch 2015/10/06 14:22   Bookmark and Share
The Supreme Court is starting a new term that promises a steady stream of divisive social issues, and also brighter prospects for conservatives who suffered more losses than usual in recent months.

The justices are meeting in public Monday for the first time since a number of high-profile decisions in June that displayed passionate, sometimes barbed disagreements and suggested some bruised feelings among the nine judges.

The first case before the court involves a California woman who lost her legs in a horrific accident after she fell while attempting to board a train in Innsbruck, Austria. The issue is whether she can sue the state-owned Austrian railway in U.S. courts.

Even before the justices took the bench Monday, they rejected hundreds of appeals that piled up over the summer, including San Jose, California's bid to lure the Athletics from Oakland over the objection of Major League Baseball.

Future cases will deal with abortion, religious objections to birth control, race in college admissions and the power of public-sector unions. Cases on immigration and state restrictions on voting also could make it to the court in the next nine months.

The term will play out against the backdrop of the presidential campaign, in which some candidates are talking pointedly about the justices and the prospect of replacing some of them in the next few years. Four justices are in their 80s or late 70s, led by 82-year-old Ruth Bader Ginsburg.

Commentators on the left and right say the lineup of cases suggests that conservatives will win more often than they will lose over the next few months, in contrast to the liberal side's success last term in gay marriage, health care and housing discrimination, among others.

"This term, I'd expect a return to the norm, in which the right side of the court wins the majority, but by no means all of the cases," said Georgetown University law school's Irv Gornstein.

One reason for the confidence is that, as Supreme Court lawyer John Elwood said: "This is a term of sequels." Affirmative action and union fees have been at the court in recent terms and the justices' positions are more or less known.
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Supreme Court declines to review insider trading case

Legal Insight 2015/10/04 14:21   Bookmark and Share
The Supreme Court said Monday it won't hear the Obama administration's appeal of a lower court ruling that made it tougher to prosecute people for trading on leaked inside information.

The justices let stand a decision by the federal appeals court in New York last year that threw out insider trading convictions of two high-profile hedge fund managers.

The 2nd U.S. Circuit Court of Appeals overturned the convictions of Anthony Chiasson, of Manhattan, and Todd Newman, of Needham, Massachusetts, after finding they were too far removed from inside information to be prosecuted.

Prosecutors warned the ruling could hinder the government's campaign to curb insider trading on Wall Street, a crackdown that has resulted in more than 80 arrests and 70 convictions over several years.

Chiasson, who co-founded Level Global Investors based in Greenwich, Conn., and Newman, who had worked for Diamondback Capital Management based in Stamford, Conn., traded on tips from insiders on stock in technology companies Dell Inc. and Nvidia Corp. that generated $72 million in profits. The former portfolio managers were both convicted in December 2012.

The appeals court said prosecutors failed to present enough evidence the men willfully engaged in insider trading or conspired to break the law. It ruled that the government must show a person receiving a tip knew that an insider disclosed confidential information and that the tipster passed the information expecting a personal benefit.

In legal briefs filed with the court, Solicitor General Donald Verrilli said leaving the appeals court ruling in place would "hurt market participants, disadvantage scrupulous market analysts and impair the government's ability to protect the fairness and integrity of the securities markets."

Both men have denied insider trading. Their lawyers argued that they believed they were making trades based on legitimate research.

U.S. Attorney Preet Bharara in Manhattan told reporters on a conference call Monday that the Supreme Court's decision means "that there's a category of conduct that arguably will go unpunished going forward."

"If you have a CEO who has access to material, non-published information about earnings or anything else of a very sensitive nature and decides he wants to tip a relative or a buddy or a crony, knowing that person is going to trade on it to the tune and profit of millions of dollars, we would have to think long and hard, given Newman, whether to prosecute a person like that," Bharara said.


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High court weighs 3 death sentences in Kansas cases

Court Watch 2015/10/03 14:21   Bookmark and Share
The Supreme Court on Wednesday seemed likely to rule against three Kansas men who challenged their death sentences in what one justice called "some of the most horrendous murders" he's ever seen from the bench.

The justices were critical of the Kansas Supreme Court, which overturned the sentences of the men, including two brothers convicted in a murderous crime spree known as the "Wichita massacre."

It was the first high court hearing on death penalty cases since a bitter clash over lethal injection procedures exposed deep divisions among the justices last term.

The debate this time was over the sentencing process for Jonathan and Reginald Carr and for Sidney Gleason, who was convicted in a separate case of killing a couple to stop them from implicating him in a robbery.

The Kansas Supreme Court overturned death sentences in both cases, saying the juries should have been told that evidence of the men's troubled childhoods and other factors weighing against a death sentence did not have to be proven beyond a reasonable doubt.

The state court also ruled that the Carr brothers should have had separate sentencing hearings instead of a joint one. It said Reginald Carr's sentence may have been unfairly tainted because Jonathan Carr blamed Reginald for being a bad influence during their childhoods.

While the attorneys on both sides focused on the legal technicalities, several of the justices couldn't help but dwell on the sordid facts of the Carr case during two hours of oral argument.

Justice Samuel Alito said it involves "some of the most horrendous murders that I have ever seen in my 10 years here. And we see practically every death penalty case that comes up anywhere in the country."

At one point, Justice Antonin Scalia recounted at length the brutal details. Authorities said the brothers broke into a Wichita, Kansas, home in December 2000, where they forced the three men and two women inside to have sex with each other while they watched, then repeatedly raped the women. The brothers then forced the victims to withdraw money from ATMs before taking them to a soccer field, forcing them to kneel, and shooting each one in the head.


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Arkansas court tosses conviction in woman's meth case

Court News 2015/10/02 14:21   Bookmark and Share
The Arkansas Supreme Court on Thursday overturned the conviction of a woman who was sentenced to 20 years in prison after giving birth to a baby with methamphetamine in his system.
 
Melissa McCann-Arms, 39, was convicted by a jury in Polk County after she and her son tested positive for meth when she gave birth at a Mena hospital in November 2012. She was convicted of a felony crime called introduction of controlled substance into body of another person.

In January, the Arkansas Court of Appeals upheld the conviction, ruling that even if the statute doesn't apply to unborn children, McCann-Arms still transferred the drug to her child in the moments between his birth and when hospital staff cut the umbilical cord.

But Arkansas' highest court reversed the conviction and dismissed the case, ruling there is no evidence McCann-Arms directly introduced methamphetamine into her baby's system by causing the child to ingest or inhale it. Likewise, there is no evidence of an ongoing transfer of methamphetamine in McCann-Arms' system after the child was born, the court ruled.

"The jury would thus have been forced to speculate that Arms was 'otherwise introducing' the drug into the child at that point," the ruling states. "When a jury reaches its conclusion by resorting to speculation or conjecture, the verdict is not supported by substantial evidence."

The court also ruled state law does not criminalize the passive bodily processes that result in a mother's use of a drug entering her unborn child's system.

"Our construction of criminal statutes is strict, and we resolve any doubts in favor of the defendant," the decision states. "The courts cannot, through construction of a statute, create a criminal offense that is not in express terms created by the Legislature."

Farah Diaz-Tello, a staff attorney with the New York-based National Advocates for Pregnant Women, had urged the court to reverse McCann-Arms' conviction and said the decision sends a message to state prosecutors about expanding the law beyond what was intended by state lawmakers.
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Connecticut court stands by decision eliminating execution

Court Watch 2015/10/01 14:20   Bookmark and Share
The Connecticut Supreme Court on Thursday stood by its decision to eliminate the state's death penalty, but the fate of capital punishment in the Constitution State technically remains unsettled.
 
The state's highest court rejected a request by prosecutors to reconsider its landmark August ruling, but prosecutors have filed a motion in another case to make the arguments they would have made if the court had granted the reconsideration motion.

Lawyers who have argued before the court say it would be highly unusual and surprising for the court to reverse itself on such an important issue in a short period of time, but they say it is possible because the makeup of the court is different. Justice Flemming Norcott Jr., who was in the 4-3 majority to abolish the death penalty, reached the mandatory retirement age of 70 and was succeeded by Justice Richard Robinson.

In the August decision, the court ruled that a 2012 state law abolishing capital punishment for future crimes must be applied to the 11 men who still faced execution for killings committed before the law took effect. The decision came in the case of Eduardo Santiago, who was facing the possibility of lethal injection for a 2000 murder-for-hire killing in West Hartford.

The 2012 ban had been passed prospectively because many lawmakers refused to vote for a bill that would spare the death penalty for Joshua Komisarjevsky and Steven Hayes, who were convicted of killing a mother and her two daughters in a highly publicized 2007 home invasion in Cheshire.

The state's high court said the death penalty violated the state constitution, "no longer comports with contemporary standards of decency," and didn't serve any "legitimate penological purpose." The majority included Norcott and Justices Richard Palmer, Dennis Eveleigh and Andrew McDonald, the same four justices that rejected the prosecution's reconsideration request Thursday.

Chief Justice Chase Rogers and Justices Peter Zarella and Carmen Espinosa bashed the majority in the Santiago case, accusing the other four justices of tailoring their ruling based on personal beliefs. The three dissenting justices also were in favor of the prosecution's motion to reconsider.

Chief State's Attorney Kevin Kane had said the majority justices unfairly considered concerns that had not been raised during Santiago's appeal and denied prosecutors the chance to address those concerns. He said prosecutors have filed briefs in the still-pending death penalty appeal of Russell Peeler Jr., raising the same issues they did in the motion for reconsideration in the Santiago case.

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Appeals court upholds injunction halting health mandate

Legal Business 2015/09/19 17:14   Bookmark and Share
A federal appeals court ruled Thursday that President Barack Obama's health care law unjustly burdens religiously affiliated employers by forcing them to help provide insurance coverage for certain contraceptives, even though they can opt out of directly paying for it.
 
The ruling by a three-judge 8th U.S. Circuit Court of Appeals panel in St. Louis upheld lower court decisions that sided with plaintiffs who included three Christian colleges in Missouri, Michigan and Iowa.

The 25-page opinion conflicts with all other federal appellate courts, which have found in the U.S. government's favor.

As religiously affiliated entities, those colleges victorious with Thursday's ruling don't have to pay directly for their workers' birth control. Instead, they can seek an accommodation that requires their insurance providers to pay for it. But the groups still say the scheme makes them complicit in the providing of contraception and subjected them to possible fines for noncompliance.

Circuit Judge Roger Wollman, writing the ruling on the panel's behalf, wrote that the contraceptive mandate and accommodation process of the Affordable Care Act substantially burdens the plaintiffs' exercise of religion.

Those plaintiffs included Heartland Christian College in Newark, Missouri, Dordt College in Sioux Center, Iowa, and Cornerstone University in Grand Rapids, Michigan, as well as Bethel, Missouri-based CNS International Ministries Inc., a nonprofit provider of addiction services.

The Justice Department, which has called the lawsuits meritless and an attempt to prevent female employees from obtaining coverage, defended the federal government in the cases but directed The Associated Press' questions Thursday to the White House, where a statement called the rulings disappointing.

"As all of the other seven U.S. courts of appeals to address this issue have held, the contraceptive accommodation process strikes the proper balance between ensuring women have equal access to health care and protecting religious beliefs," that statement read.

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