Court News 2020/08/12 09:52
The U.S. Supreme Court on Thursday left in place an agreement that allows Rhode Island residents to vote by mail through November's general election without getting signatures from two witnesses or a notary.
State officials had agreed to suspend the witness requirement because of the coronavirus pandemic. They have said that fulfilling the requirement, which has been in place since at least 1978, results in close contact between voters and others, which could expose people to the virus.
The high court rejected an effort by the Republican National Committee and the Republican Party of Rhode Island to put the agreement on hold, noting that “no state official has expressed opposition.”
Justices Clarence Thomas, Samuel Alito and Neil Gorsuch would have granted the Republicans’ request.
Rhode Island allows voters to request to vote by mail for any reason, and the coronavirus has resulted in an enormous increase in mail-in voting. Nationwide, a surge in voting by mail is expected for the November general election because of the pandemic, and money to help the Postal Service process the anticipated increase has been a sticking point in talks for a virus relief package. President Donald Trump said Thursday he opposes additional funding.
Rhode Island is one of approximately a dozen states that require mail-in ballot envelopes to be signed by one or more witnesses or a notary. Republicans in Rhode Island argued that witness requirements deter voter fraud, though elections experts say voter fraud is rare. And they said the state is already allowing 20 days of early voting that will reduce the number of people who go to the polls on Election Day and has put in place other protections for voters and poll workers.
The case arose after Rhode Island Gov. Gina Raimondo, a Democrat, in April suspended the so-called two witness requirement for the state’s June 2 presidential primary.
In July, the American Civil Liberties Union brought a lawsuit on behalf of Common Cause Rhode Island, the League of Women Voters of Rhode Island and others in an effort to extend the suspension.
State officials ultimately agreed to keep the requirement suspended for the Sept. 8 primary and Nov. 3 general election. Republicans objected, but a judge approved the agreement.

Court News 2020/08/01 09:29
A federal appeals court Friday threw out Dzhokhar Tsarnaev’s death sentence in the 2013 Boston Marathon bombing, saying the judge who oversaw the case did not adequately screen jurors for potential biases.
A three-judge panel of the 1st U.S. Circuit Court of Appeals ordered a new penalty-phase trial on whether the 27-year-old Tsarnaev should be executed for the attack that killed three people and wounded more than 260 others.
“But make no mistake: Dzhokhar will spend his remaining days locked up in prison, with the only matter remaining being whether he will die by execution,” Judge O. Rogeriee Thompson wrote in the ruling, more than six months after arguments were heard in the case.
An attorney for Tsarnaev said they are grateful for the court’s “straightforward and fair decision: if the government wishes to put someone to death, it must make its case to a fairly selected jury that is provided all relevant information.”
“It is now up to the government to determine whether to put the victims and Boston through a second trial, or to allow closure to this terrible tragedy by permitting a sentence of life without the possibility of release,” David Patton said in an email.
A spokesperson for the U.S. Attorney’s office in Boston said they were reviewing the opinion and had no immediate comment. Prosecutors could ask the full appeals court to hear the case or go straight to the U.S. Supreme Court.
The mother of Krystle Campbell, the 29-year-old killed in the attack, expressed outrage at the court’s decision.
“I just don’t understand it,” Patricia Campbell told The Boston Globe. “It’s just terrible that he’s allowed to live his life. It’s unfair. He didn’t wake up one morning and decide to do what he did. He planned it out. He did a vicious, ugly thing.”
Former Massachusetts Bay Transportation Authority officer Dic Donohue, who was severely injured in a gunfight with the brothers, said the ruling was not surprising to him.
“And in any case, he won’t be getting out and hasn’t been able to harm anyone since he was captured,” he tweeted.
Tsarnaev’s lawyers acknowledged at the beginning of his trial that he and his older brother, Tamerlan Tsarnaev, set off the two bombs at the marathon finish line. But they argued that Dzhokar Tsarnaev is less culpable than his brother, who they said was the mastermind behind the attack.

Court News 2020/07/19 08:18
Justice Ruth Bader Ginsburg said Friday she is receiving chemotherapy for a recurrence of cancer, but has no plans to retire from the Supreme Court.
The 87-year-old Ginsburg, who has had four earlier bouts with cancer including pancreatic cancer last year, said her treatment so far has succeeded in reducing lesions on her liver and she will continue chemotherapy sessions every two weeks “to keep my cancer at bay.”
“I have often said I would remain a member of the Court as long as I can do the job full steam. I remain fully able to do that,” Ginsburg said in a statement issued by the court.
Ginsburg, who was appointed by President Bill Clinton in 1993, is the senior liberal justice on a court that leans conservative by a 5-4 margin. Her departure before the election could give President Donald Trump the chance to shift the court further to the right.
Ginsburg’s history with cancer goes back more than 20 years. In addition to being treated without surgery for a tumor on her pancreas last year, she also underwent surgery for colorectal cancer in 1999, pancreatic cancer in 2009 and lung cancer in December 2018.
Dr. Alan Venook, a pancreatic cancer specialist at the University of California, San Francisco, who is not involved in Ginsburg’s care, said that “clearly, she’s got incurable disease now” because of the spread to her liver.

Court News 2020/07/15 08:37
New Orleans City Council President Jason Williams and an attorney in his law firm pleaded not guilty to federal tax fraud charges on Friday.
Williams, 47, and Nicole Burdett, 39, appeared remotely before a federal magistrate judge and entered their pleas to charges of conspiracy, preparing false or fraudulent tax returns and failing to file tax forms related to cash received, news outlets reported.
The two were charged in an 11-count indictment last month following a yearslong investigation led by the Internal Revenue Service and the FBI.
Williams, a criminal defense lawyer, was accused of inflating his business expenses from 2013 to 2017 in order to reduce his tax liability by more than $200,000, according to the U.S. Attorney’s Office for the Western District of Louisiana. The indictment also alleged Williams and Burdett, an attorney in Williams’ law office who also handled administrative duties, failed to file the proper reports on cash payments from clients totaling $66,516.
Williams’ attorney, Billy Gibbens, has contended his client was just following the advice of his tax preparer, saying the accountant made the errors on his own, according to The Times-Picayune/The New Orleans Advocate. Michael Magner, an attorney for Burdett, also said his client was innocent and did not have any role in the tax decisions.
Williams and Gibbens raised questions about the timing of the indictment as Williams prepares to challenge Orleans Parish District Attorney Leon Cannizzaro for the top prosecuting role. The campaign qualifying period for the Nov. 3 election is set to end July 24. Williams has said he still plans to run for the seat, according to The Times-Picayune/The New Orleans Advocate. A preliminary trial date for the case was set for Sept. 14.

Court News 2020/06/20 10:19
The Trump administration Friday moved forward with a rule that rolls back health care protections for transgender people, even as the Supreme Court barred sex discrimination against LGBT individuals on the job.
The rule from the Department of Health and Human Services was published in the Federal Register, the official record of the executive branch, with an effective date of Aug. 18. That will set off a barrage of lawsuits from gay rights and women's groups. It also signals to religious and social conservatives in President Donald Trump's political base that the administration remains committed to their causes as the president pursues his reelection.
The Trump administration rule would overturn Obama-era sex discrimination protections for transgender people in health care.
Strikingly similar to the underlying issues in the job discrimination case before the Supreme Court, the Trump health care rule rests on the idea that sex is determined by biology. The Obama version relied on a broader understanding shaped by a person's inner sense of being male, female, neither, or a combination.
Writing for the majority in this week's 6-3 decision, Justice Neil Gorsuch said, "An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.

Court News 2020/06/05 09:01
Reyna Montoya’s hands get sweaty and her throat feels like it’s closing just talking about the anxiety of every Monday this spring.
The immigrant rights activist who's shielded from deportation and allowed to legally work in the U.S. under an Senate panel advances McConnell ally for DC appeals court
The Senate Judiciary Committee has advanced the nomination of a 38-year-old judge and ally of Senate Majority Leader Mitch McConnell to serve on a federal appeals court, despite Democrats’ objections that he’s inexperienced and biased against the Obama health care law.
The panel's 12-10, party-line vote Thursday sets the stage for Justin Walker’s likely confirmation in the GOP-controlled Senate.
Walker, a protege of both McConnell and Supreme Court Justice Brett Kavanaugh, told senators last month that he will have an open mind on the Affordable Care Act, adding that he was writing as an academic and commentator when he criticized as “indefensible” a Supreme Court ruling upholding the law.
Walker, who was confirmed as a federal judge last fall, declined a request by Senate Democrats to recuse himself on matters related to the health care law if he’s confirmed to the U.S. Court of Appeals for the District of Columbia Circuit. The court is widely considered the second-most powerful in the nation and frequently serves as a launching pad for a seat on the Supreme Court. Four current justices, including Kavanaugh, served on the D.C. circuit.
Sen. Dick Durbin of Illinois, the No. 2 Senate Democrat, called Walker's nomination a travesty and an affront to other, more qualified conservative judges.
