Supreme Court allows Arkansas to enforce abortion restrictions

Attorney News 2018/05/28 11:17   Bookmark and Share
The Supreme Court is allowing Arkansas to put into effect restrictions on how abortion pills are administered. Critics of a challenged state law say it could effectively end medication abortions in the state.

The justices did not comment Tuesday in rejecting an appeal from the Planned Parenthood affiliate in Arkansas that asked the court to review an appeals court ruling and reinstate a lower court order that had blocked the law from taking effect. The law says doctors who provide abortion pills must hold a contract with another physician who has admitting privileges at a hospital and who would agree to handle complications.

The law is similar to a provision in Texas law that the Supreme Court struck down in 2016. The U.S. 8th Circuit Court of Appeals reversed the court order barring enforcement of the law, but put its ruling on hold while Planned Parenthood appealed to the Supreme Court.

The legal fight over the law is not over, but the state is now free to enforce it, at least for the time being. Planned Parenthood has said that if the law stands, Arkansas would be the only state where women would not have access to a pair of drugs that end pregnancies: mifepristone, which makes it difficult for a fetus to attach to the uterine wall, and misoprostol, which causes the body to expel it, similar to a miscarriage.

The organization offers pills to end pregnancies at clinics in Fayetteville and Little Rock but says it cannot find any Arkansas obstetrician willing to handle hospital admissions. Preventing women from obtaining medication abortions would create an undue burden on their right to an abortion, Planned Parenthood says. Undue burden is the standard set by the Supreme Court to measure whether restrictions go too far in limiting women who want an abortion.
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The Latest: Colorado governor announces Supreme Court pick

Court Watch 2018/05/28 11:16   Bookmark and Share
Gov. John Hickenlooper has named Carlos Samour to the Colorado Supreme Court, filling a vacancy left by Chief Justice Nancy Rice's imminent retirement.

Samour, a judge in the 18th Judicial District in Arapahoe County, is best known for presiding over the Aurora theater shooting trial in 2015.

Samour was raised in El Salvador, where his father was also a judge. Hickenlooper said his family fled the country when Samour was 13 because his father feared retaliation for finding a military official guilty.

"His father was ousted from his judicial position and his home was riddled by bullets because his father chose to faithfully apply the laws of that country," said Hickenlooper, a Democrat.

Samour was chosen from three nominees after Rice in March announced her plans to retire at the end of June. She will have served more than four years as chief justice, nearly 20 years on the court and about 31 years total as a judge in Colorado.

Gov. John Hickenlooper on Wednesday plans to announce his choice to fill a vacancy on the Colorado Supreme Court.

Earlier this month, a judicial nominating commission gave the governor three judges to choose from, after Chief Justice Nancy Rice announced her retirement.

The nominees are Maria Berkenkotter, the former chief judge of the 20th Judicial District in Boulder County; Karen Brody, a judge in the 2nd Judicial District in Denver County; and Carlos Samour, a judge in the 18th Judicial District in Arapahoe County.
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Court to consider fraud investigator in NFL concussion case

Legal Business 2018/05/18 11:17   Bookmark and Share
A federal judge in Philadelphia is scheduled to hear arguments in the NFL's request for a special investigator to look into what the league says are fraudulent claims in a $1 billion concussion settlement.

The league last month cited an independent study it said found that more than 400 claims had been recommended for denial based on evidence of fraud by attorneys, doctors and former players.

Plaintiffs' lawyers contend the league is not awarding settlement funds fast enough. So far, $227 million in claims have been awarded.

The league says attempts to scam the system are responsible for delays. The NFL has asked that the investigator be granted subpoena power.

League officials say a special investigator would help ensure the integrity of the settlement. Arguments are scheduled for Wednesday.
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Supreme Court limits warrantless vehicle searches near homes

Legal Business 2018/05/15 11:19   Bookmark and Share
The Supreme Court is putting limits on the ability of police to search vehicles when they do not have a search warrant.

The court sided 8-1 Tuesday with a Virginia man who complained that police walked onto his driveway and pulled back a tarp covering his motorcycle, which turned out to be stolen. They acted without a warrant, relying on a line of Supreme Court cases generally allowing police to search a vehicle without a warrant.

The justices said the automobile exception does not apply when searching vehicles parked adjacent to a home.

The court ruled in the case of Ryan Collins, who was arrested at the home of his girlfriend in Charlottesville, Virginia. Collins had twice eluded police in high-speed chases in which he rode an orange and black motorcycle.

The authorities used Collins' Facebook page to eventually track the motorcycle to his girlfriend's home.

Collins argued that police improperly entered private property uninvited and without a warrant.

Virginia's Supreme Court said the case involved what the Supreme Court has called the "automobile exception," which generally allows police to search a vehicle without a warrant if they believe the vehicle contains contraband.

Justice Sonia Sotomayor said for the court Tuesday that the state court was wrong. Sotomayor said that constitutional protections for a person's home and the area surrounding it, the curtilage, outweigh the police interest in conducting a vehicle search without a warrant.
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Court program in Dona Ana County focuses on veterans

Court Watch 2018/05/14 11:19   Bookmark and Share
A new court program has opened in Dona Ana County that focuses on the substance abuse and mental health issues facing military veterans who have been charged with non-violent crimes.

Las Cruces Sun-News reports that the first hearing in the 3rd Judicial District Court's Veterans Treatment Court program was held on Wednesday.

It's the first veterans court program in southern New Mexico

The judicial district already has other "problem-solving courts," such as a drug court for juveniles and adults that tries to help rehabilitate repeat offenders whose offenses are driven by substance abuse.

Veterans participating in the new program will be given individualized treatment and counseling programs that run an average of 14 months or longer.
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Trump administration defends Keystone XL pipeline in court

Court Watch 2018/05/11 11:20   Bookmark and Share
Trump administration attorneys defended the disputed Keystone XL oil sands pipeline in federal court on Thursday against environmentalists and Native American groups that want to derail the project.

President Barack Obama rejected the 1,179-mile (1,800-kilometer) line proposed by TransCanada Corporation in 2015 because of its potential to exacerbate climate change.

President Donald Trump revived the project soon after taking office last year, citing its potential to create jobs and advance energy independence.

Environmentalists and Native American groups sued to stop the line and asked U.S. District Judge Brian Morris to halt the project. They and others, including landowners, are worried about spills that could foul groundwater and the pipeline's impacts to their property rights.

Morris did not immediately rule following a four-hour Thursday hearing in federal court in Great Falls.

U.S. government attorneys asserted that Trump's change in course from Obama's focus on climate change reflected a legitimate shift in policy, not an arbitrary rejection of previous studies of the project.

"While the importance of climate change was considered, the interests of energy security and economic development outweighed those concerns," the attorneys recently wrote.

Morris previously rejected a bid by the administration to dismiss the lawsuit on the grounds that Trump had constitutional authority over the pipeline as a matter of national security.

Keystone XL would cost an estimated $8 billion. It would begin in Alberta and transport up to 830,000 barrels a day of crude through Montana and South Dakota to Nebraska, where it would connect with lines to carry oil to Gulf Coast refineries.

Federal approval is required because the route crosses an international border.

TransCanada, based in Calgary, said in court submissions that the pipeline would operate safely and help reduce U.S. reliance on crude from the Middle East and other regions.

The project is facing a separate legal challenge in Nebraska, where landowners have filed a lawsuit challenging the Nebraska Public Service Commission's decision to approve a route through the state.

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