Justices question Alaska $500-a-year contribution limit

Press Release 2019/11/24 12:00   Bookmark and Share
The Supreme Court is raising doubts about Alaska’s $500-a-year limit on contributions to political candidates. The justices are ordering a lower court to take a new look at the issue.

The court says in an unsigned opinion Monday that federal judges who had rejected a challenge to the contribution cap did not take account of a 2006 high court ruling invalidating low-dollar limits on political contributions in Vermont.

The Alaska challengers argue that the state is alone in imposing such low limits even on gubernatorial candidates “who must campaign across Alaska’s vast expanse and widely dispersed media markets.”

Justice Ruth Bader Ginsburg wrote in a short separate opinion that Alaska’s reliance on the energy industry may make the state unusually vulnerable to political corruption and justify low limits.
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Hong Kong court reinstates mask ban ahead of elections

Legal Business 2019/11/23 11:57   Bookmark and Share
A Hong Kong court that had struck down a ban on face masks at protests said Friday that the government could enforce it for one week, as police readied for any unrest during keenly contested elections this weekend.

The High Court granted the temporary suspension “in view of the great public importance of the issues raised in this case, and the highly exceptional circumstances that Hong Kong is currently facing.”

Anti-government protests have rocked the semi-autonomous Chinese city for more than five months. Protesters remained holed up on a university campus, refusing to turn themselves in for arrest after intense clashes with police last weekend.

The court had ruled Monday that the ban, imposed last month under rarely used emergency powers to prevent protesters from hiding their identity, infringed on fundamental rights more than was reasonably necessary.

China’s parliament rebuked the court ruling this week, in what some interpreted as an indication it might overrule the decision.

In granting the one-week reprieve, the High Court said it was giving the government time to appeal the decision and seek a longer suspension from the Court of Appeal.

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California court invalidates law requiring Trump tax returns

Legal Business 2019/11/21 11:56   Bookmark and Share
President Donald Trump does not have to disclose his tax returns to appear as a candidate on California’s primary ballot next spring, the state Supreme Court ruled unanimously Thursday.

The law, the first of its kind in the nation and aimed squarely at Trump, violates a specification of the state constitution calling for an “inclusive open presidential primary ballot,” the court said.

“Ultimately, it is the voters who must decide whether the refusal of a ‘recognized candidate throughout the nation or throughout California for the office of President of the United States’ to make such information available to the public will have consequences at the ballot box,” Chief Justice Tani Cantil-Sakauye wrote in the 7-0 decision.

Trump has broken with tradition among presidential candidates by refusing to disclose his financial information.

A U.S. judge had temporarily blocked the state law in response to a different lawsuit, and the high court ruled quickly because the deadline to file tax returns to get on the primary ballot is next week.

The state Republican Party and chairwoman Jessica Millan Patterson challenged the bill signed into law this year by Democratic Gov. Gavin Newsom because it singled out Trump.
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Supreme Court steps into Google-Oracle copyright fight

Lawyer Blog Post 2019/11/19 19:02   Bookmark and Share
The Supreme Court said Friday it will referee a high-profile copyright dispute between technology giants Oracle and Google. Oracle says it wants nearly $9 billion from Google.

The case stems from Google’s development of its hugely popular Android operating system by using Oracle’s Java programming language. A federal appeals court found that Google unfairly used Java without paying for it, the second appellate ruling in Oracle’s favor. A trial court has yet to assess damages.

The justices agreed to review the appeals court ruling, and arguments are expected early next year. The first Android phone went on sale in 2008 and Google says more than 2 billion mobile devices now use Android.

The dispute stretches back to 2010, when Oracle filed suit over Google’s use of 11,500 lines of Java code. In the first of two trials, a federal judge ruled that so-called “application programming interfaces” (APIs) weren’t protected by copyright.

After the appeals court overturned that ruling, a jury found in a second trial that Google had made “fair use” of the programming code.

“There is nothing fair about taking a copyrighted work verbatim and using it for the same purpose and function as the original in a competing platform,” Judge Kathleen O’Malley of the U.S. Court of Appeals for the Federal Circuit wrote in a decision siding with Oracle.

Microsoft was among many parties that urged the Supreme Court to upend the appeals court ruling. The Trump administration, responding to a request from the court for its views, said the justices should stay out of the case.

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Supreme Court lets Sandy Hook shooting lawsuit go forward

Legal Insight 2019/11/16 19:02   Bookmark and Share
The Supreme Court said Tuesday that a survivor and relatives of victims of the Sandy Hook Elementary School shooting can pursue their lawsuit against the maker of the rifle used to kill 26 people.

The justices rejected an appeal from Remington Arms, which argued it should be shielded by a 2005 federal law preventing most lawsuits against firearms manufacturers when their products are used in crimes.

The case is being watched by gun control advocates, gun rights supporters and gun manufacturers across the country because it has the potential to provide a roadmap for victims of other mass shootings to circumvent the federal law and sue the makers of firearms.

The court’s order allows the lawsuit filed in Connecticut state court by a survivor and relatives of nine victims who died at the Newtown, Connecticut, school on Dec. 14, 2012, to go forward.

The lawsuit says the Madison, North Carolina-based company should never have sold a weapon as dangerous as the Bushmaster AR-15-style rifle to the general public. It also alleges Remington targeted younger, at-risk males in marketing and product placement in violent video games. Opponents of the suit contend that gunman Adam Lanza alone is responsible for killing 20 first graders and six educators. He was 20 years old.

The Connecticut Supreme Court had earlier ruled 4-3 that the lawsuit could proceed for now, citing an exemption in the federal law. The decision overturned a ruling by a trial court judge who dismissed the lawsuit based on the 2005 federal law, named the Protection of Lawful Commerce in Arms Act.

The majority of justices in the state Supreme Court ruling, however, said it may be a “Herculean task” for the families to prove their case at trial.

The federal law has been criticized by gun control advocates as being too favorable to gun-makers. It has been cited by other courts that rejected lawsuits against gun-makers and dealers in other high-profile shooting attacks, including the 2012 Colorado movie theater shooting and the Washington, D.C., sniper shootings in 2002.
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Trump wants Supreme Court to block subpoena for his taxes

Legal Business 2019/11/13 18:58   Bookmark and Share
President Donald Trump is asking the Supreme Court to block a subpoena for his tax returns, in a test of the president’s ability to defy investigations.

The filing Thursday sets the stage for a high court showdown over the tax returns Trump has refused to release, unlike every other modern president. The justices also could weigh in more broadly on Trump’s claim that sitting presidents can’t be prosecuted or investigated for crimes.

The subpoena from the Manhattan district attorney is seeking Trump’s tax returns back to 2011 from his accounting firm as part of a criminal investigation. Trump’s lawyers say a criminal probe of the president at the state or local level is unconstitutional and unprecedented in American history.

“Allowing the sitting president to be targeted for criminal investigation and to be subpoenaed on that basis? would, like an indictment itself, distract him from the numerous and important duties of his office, intrude on and impair Executive Branch operations, and stigmatize the presidency,” said the brief signed by Jay Sekulow.

Lower courts have so far rejected Trump’s claims of immunity.

Trump wants the court to decide the case by late June, under a deal to keep the district attorney from enforcing the subpoena in the meantime. The justices may not decide whether to hear the case for at least another month.
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