High court voids overall contribution limits

Headline Legal News 2014/04/03 14:43   Bookmark and Share
The Supreme Court struck down limits Wednesday in federal law on the overall campaign contributions the biggest individual donors may make to candidates, political parties and political action committees.

The justices said in a 5-4 vote that Americans have a right to give the legal maximum to candidates for Congress and president, as well as to parties and PACs, without worrying that they will violate the law when they bump up against a limit on all contributions, set at $123,200 for 2013 and 2014. That includes a separate $48,600 cap on contributions to candidates.

But their decision does not undermine limits on individual contributions to candidates for president or Congress, now $2,600 an election.

Chief Justice John Roberts announced the decision, which split the court's liberal and conservative justices. Roberts said the aggregate limits do not act to prevent corruption, the rationale the court has upheld as justifying contribution limits.

The overall limits "intrude without justification on a citizen's ability to exercise 'the most fundamental First Amendment activities,'" Roberts said, quoting from the court's seminal 1976 campaign finance ruling in Buckley v. Valeo.

Justice Clarence Thomas agreed with the outcome of the case, but wrote separately to say that he would have gone further and wiped away all contribution limits.
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Law Firm News/Virginia 2014/04/03 14:42   Bookmark and Share
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Another Apple-Samsung skirmish heads to court

Headline Legal News 2014/03/31 15:19   Bookmark and Share
The fiercest rivalry in the world of smartphones is heading back to court this week in the heart of the Silicon Valley, with Apple and Samsung accusing each other, once again, of ripping off designs and features.

The trial will mark the latest round in a long-running series of lawsuits between the two tech giants that underscore a much larger concern about what is allowed to be patented.

"There's a widespread suspicion that lots of the kinds of software patents at issue are written in ways that cover more ground than what Apple or any other tech firm actually invented," Notre Dame law professor Mark McKenna said. "Overly broad patents allow companies to block competition."

The latest Apple-Samsung case will be tried less than two years after a federal jury found Samsung was infringing on Apple patents. Samsung was ordered to pay about $900 million but is appealing and has been allowed to continue selling products using the technology.

Now, jury selection is scheduled to begin Monday in another round of litigation, with Apple Inc. accusing Samsung of infringing on five patents on newer devices, including Galaxy smartphones and tablets. In a counterclaim, Samsung says Apple stole two of its ideas to use on iPhones and iPads.
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Law Firm News/North Carolina 2014/03/31 15:17   Bookmark and Share
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Michigan won't recognize same-sex marriages

Headline Legal News 2014/03/28 10:04   Bookmark and Share
Michigan won't recognize more than 300 same-sex marriages performed last weekend before a court halted a decision that opened the door to gay nuptials, Gov. Rick Snyder said Wednesday.

The announcement came a day after an appeals court indefinitely stopped any additional same-sex marriages. It will likely take months for the court to make its own judgment about whether a Michigan constitutional amendment that says marriage only is between a man and a woman violates the U.S. Constitution.
U.S. District Judge Bernard Friedman struck down the gay marriage ban Friday.

Four counties took the extraordinary step of granting licenses Saturday before the 6th U.S. Circuit Court of Appeals ordered a temporary halt. The stay was extended indefinitely on Tuesday.

Snyder acknowledged same-sex couples "had a legal marriage." But because of the court's stay, he added, the gay marriage ban has been restored.

The governor's move closes the door, at least for now, to certain benefits reserved solely for married couples. The American Civil Liberties Union said more than 1,000 Michigan laws are tied to marriage.

"We did our own homework and I believe this is a reasonable legal position to take based on the available literature and law," Snyder told reporters.

Other elected officials have urged the Obama administration to recognize the marriages for federal benefits. The U.S. Justice Department, which previously said it was monitoring the situation, did not immediately comment after Snyder's announcement.
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US appeals court upholds new Texas abortion rules

Headline Legal News 2014/03/28 10:03   Bookmark and Share
A federal appeals court on Thursday upheld Texas' tough abortion restrictions that have forced the closure of about 20 clinics around the state, saying the new rules don't jeopardize women's health.

A panel of judges at the New Orleans-based 5th Circuit Court of Appeals overturned a lower court judge who said the rules violate the U.S. Constitution and serve no medical purpose. After the lower court's ruling, the appeals court allowed the restrictions to go into effect while it considered the case, which ultimately could end up before the U.S. Supreme Court.

The new law requires abortion doctors to have admitting privileges at a nearby hospital and places strict limits on doctors prescribing abortion-inducing pills. More regulations that are scheduled to begin later this year weren't a part of the case.

In its opinion, the appeals court said the law "on its face does not impose an undue burden on the life and health of a woman."

Planned Parenthood, which sued to block the restrictions, called the ruling "terrible" and said that "safe and legal abortion will continue to be virtually impossible for thousands of Texas women to access."

"The latest restrictions in Texas will force women to have abortions later in pregnancy, if they are able to get to a doctor at all," Cecile Richards, President of Planned Parenthood Votes, said in a statement.
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