Court orders new look at health care challenge

Court Watch 2012/11/27 22:22   Bookmark and Share
The Supreme Court has revived a Christian college's challenge to President Barack Obama's healthcare overhaul, with the acquiescence of the Obama administration.

The court on Monday ordered the federal appeals court in Richmond, Va., to consider the claim by Liberty University in Lynchburg, Va., that Obama's health care law violates the school's religious freedoms.

The court's action at this point means only that the 4th U.S. Circuit Court of Appeals must now pass judgment on issues it previously declined to rule on.

A federal district judge rejected Liberty's claims, and a three-judge panel of the 4th Circuit voted 2-1 that the lawsuit was premature and never dealt with the substance of the school's arguments. The Supreme Court upheld the health care law in June.

The justices used lawsuits filed by 26 states and the National Federation of Independent Business to uphold the health care law by a 5-4 vote, then rejected all other pending appeals, including Liberty's.

The school made a new filing with the court over the summer to argue that its claims should be fully evaluated in light of the high court decision. The administration said it did not oppose Liberty's request.

Liberty is challenging both the requirement that most individuals obtain health insurance or pay a penalty, and a separate provision requiring many employers to offer health insurance to their workers.
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Lawyers: Colo shooting suspect can't go to hearing

Headline Legal News 2012/11/15 12:28   Bookmark and Share
A court hearing for the man charged with the Colorado movie theater killings has been postponed after his attorneys said Wednesday that he had been taken to a hospital for unspecified reasons.

Court documents filed Wednesday gave no details of James E. Holmes' condition, other than that it "renders him unable to be present in court for hearing." The hearing had been scheduled to discuss pretrial motions and media requests for information under state open records laws.

At a hearing Wednesday on defense attorneys' request to delay the court date, defense attorney Tamara Brady said Holmes was taken to a hospital Tuesday. She didn't say where or offer details on why, saying attorneys don't want to disclose privileged medical or psychiatric information.

"It's not as simple as a migraine, and it's not something that will resolve by tomorrow morning," she said.

Arapahoe County District Judge William B. Sylvester said that was sufficient information for him and postponed the Thursday hearing until Dec. 10.

Prosecutor Rich Orman had objected, saying the defense should be required to give information on Holmes' condition first.

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Campaigns lawyered up for election overtime chance

Politics 2012/11/06 10:32   Bookmark and Share
Legions of lawyers are ready to enter the fray in case Election Day turns on a legal challenge. One nightmare scenario would be for the results in a battleground state like Florida or Ohio to be too close to call, with thousands of absentee or provisional ballots yet to be counted.

The key, experts say, is whether the difference in votes between the two candidates is within what's known as the "margin of litigation" — that is, the number of outstanding votes must be much greater than the margin separating Obama and Romney when the smoke clears. And, it must be in a state that's decisive.

"You'd have to have a state whose Electoral College votes are absolutely pivotal or there would have to be a massive problem involving voters," said Richard Hasen, law professor at the University of California, Irvine, and founding editor of the Election Law Journal. "There not only have to be problems in an election. They have to be widespread enough or the margin close enough that litigating would actually make a difference."

Legal and campaign officials on both sides say lawyers are poised at both the national level and in the key states to respond immediately if a court challenge is needed. The political parties have gained a lot of experience in legal fights over U.S. Senate and House seats. The last major legal battle over the presidency was the 2000 race, settled by the U.S. Supreme Court favoring George W. Bush over Al Gore.
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