Florida and Georgia taking water fight to Supreme Court

Court News 2018/01/06 11:29   Bookmark and Share
Reminders of the oyster's pre-eminence in this slice of northwestern Florida are everywhere, from the shells that line the edges of downtown buildings to the paintings of oysters that dot the walls of Apalachicola's art and history museum.

It's the oysters themselves that are harder to find these days, and Florida is hoping the Supreme Court can help fix that. The high court hears arguments Monday in the long-running dispute between Florida and neighboring Georgia over the flow of water in the Apalachicola River, which runs from the state line to Apalachicola Bay and the nearby Gulf of Mexico.

Florida sued Georgia in the Supreme Court in 2013, blaming farmers and booming metro Atlanta for low river flows that harmed the environment and fisheries dependent on fresh water entering the area. Florida portrays the case as its last chance to "stem Georgia's inequitable consumption" of water from the Chattahoochee and Flint rivers in Georgia, leaving too little by the time the rivers come together and pass into Florida.

"It is effectively strangling the Apalachicola Region and killing or threatening its animal and plant life," Florida said in its Supreme Court brief. Although the justices usually hear appeals, lawsuits between states start in the Supreme Court.

Georgia said Florida has failed to show that it would benefit from any cuts imposed on Georgia, pointing to the conclusion of a court-appointed special master who recommended that the justices side with Georgia. Georgia also said Florida is asking for unreasonable reductions that would "threaten the water supply of 5 million people in metropolitan Atlanta and risk crippling a multibillion-dollar agricultural sector in southwest Georgia."

Complicating the issue is the absence from the lawsuit of the U.S. Army Corps of Engineers, which manages dams on the Chattahoochee River.
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Top Connecticut court cases in 2018 involve Newtown, Skakel

Court News 2017/12/19 11:26   Bookmark and Share
The Connecticut Supreme Court is expected to issue decisions and hear arguments in a variety of notable cases in 2018, including a newspaper’s quest for documents that belonged to the Newtown school shooter and Kennedy cousin Michael Skakel’s appeal of his murder conviction.

The Hartford Courant and the state Freedom of Information Commission are appealing a decision by a lower court judge, who ruled in April that state police don’t have to release documents that belonged to shooter Adam Lanza. The commission had ordered state police to release the documents.

The 20-year-old Lanza shot his mother to death at their Newtown home before killing 20 first-graders and six educators at Sandy Hook Elementary School on Dec. 14, 2012. He killed himself as police arrived at the school.

The materials requested by the Courant include a spreadsheet ranking mass murders and a notebook titled “The Big Book of Granny,” which contains a story Lanza wrote in fifth grade about a woman who has a gun in her cane and shoots people and another character who likes hurting people, especially children.

Lawyers in the case did not return messages seeking comment. Andrew Julien, publisher and editor-in-chief of the Courant, declined to comment.

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Ex-police officer pleads guilty in daughter's hot car death

Court News 2017/12/13 10:16   Bookmark and Share
A former Mississippi police officer charged in the death of her daughter in a hot patrol car has pleaded not guilty.

The Sun Herald reports 28-year-old Cassie Barker was arraigned Monday on a charge of second-degree murder in the 3-year-old girl's death.

The former Long Beach officer is accused of leaving Cheyenne Hyer unattended in a patrol car for more than four hours while she was in another officer's home. The car's air conditioner was on but wasn't blowing cold air. Hyer was found unresponsive in the car and died Sept. 30, 2016.

Barker was fired days later and initially charged with manslaughter.
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Travel ban is headed back to a federal appeals court in Virginia

Court News 2017/12/07 10:18   Bookmark and Share
Thirteen judges on the 4th U.S. Circuit Court of Appeals will be asked to decide if the ban violates the constitution by discriminating against Muslims, as opponents say, or is necessary to protect national security, as the Trump administration says.

The hearing scheduled Friday comes four days after the U.S. Supreme Court ruled that the Trump administration can fully enforce the ban even as the separate challenges continue before the Richmond, Virginia-based 4th Circuit and the San Francisco-based 9th Circuit appeals courts.

The 4th Circuit is being asked to reverse the decision of a Maryland judge whose injunction in October barred the administration from enforcing the ban against travelers from Chad, Iran, Libya, Somalia, Syria and Yemen who have bona fide relationships with people or organizations in the U.S. The ban also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits didn't challenge those restrictions.

Trump announced his initial travel ban on citizens of certain Muslim-majority nations in late January, bringing havoc and protests to airports around the country. A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them. The latest version blocks travelers from the listed countries to varying degrees, allowing for students from some of the countries while blocking other business travelers and tourists, and allowing for admissions on a case-by-case basis.

Opponents say the latest version of the ban is another attempt by Trump to fulfill his campaign pledge to keep Muslims out of the U.S. The administration, however, says the ban is based on legitimate national security concerns.

The 4th Circuit rejected an earlier version in May, finding that it "drips with religious intolerance, animus and discrimination" toward Muslims. The judges cited Trump's campaign pledge on Muslim travelers, as well as tweets and remarks he has made since taking office.
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Belgian court pushes back extradition hearing for 5 Catalans

Court News 2017/11/20 11:54   Bookmark and Share
A court in Belgium on Friday pushed back the extradition arguments of ex-Catalan leader Carles Puigdemont and four allies until at least Dec. 4, likely keeping the secessionist rebels in Belgium right through Catalonia's regional election campaign.

The court hearing in Brussels for the five Catalans is the latest step in their flight from Spain to Brussels and their refusal to return to face rebellion and sedition charges that could land them in jail for 25 years.

Before the court session, the prime ministers of Spain and Belgium discussed their bilateral relations, which have been strained over the case of the Catalan officials who are wanted on a Spanish arrest warrant.

Puigdemont lawyer Paul Bekaert said after the first court session Friday that "we will argue the case on Dec. 4." Whatever decision is made at that stage, two appeals will be possible and a final ruling could well only come only after the Dec. 21 election day in Catalonia.

Bekaert said even though the prosecutor asked for the execution of the extradition request from Spain for the five, the defense lawyers could still give written arguments until early next month.

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Free Speech Is Starting to Dominate the US Supreme Court's Agenda

Court News 2017/11/12 16:10   Bookmark and Share
To get the Supreme Court's attention these days, try saying your speech rights are being violated.

Whether the underlying topic is abortion, elections, labor unions or wedding cakes, the First Amendment is starting to dominate the Supreme Court's agenda.

The court on Monday granted three new speech cases, including a challenge to a California law that requires licensed pregnancy-counseling clinics to tell patients they might be eligible for free or discounted abortions. The nine-month term now features six cases, out of 44 total, that turn on the reach of the Constitution's free speech guarantee.

Several will be among the term's most closely watched. They include a high-profile fight over a Colorado baker who refuses to make cakes for same-sex weddings and a challenge to the requirement in some states that public-sector workers pay for the cost of union representation. Both of those cases offer the prospect of ideological divides that could put the court's five Republican appointees in the majority, backing free speech rights.

Free speech also plays a central role in what could be a watershed case involving partisan voting districts. The court's liberals could join with Justice Anthony Kennedy to allow legal challenges to partisan gerrymanders for the first time. During arguments in October, Kennedy suggested those challenges would be based on the First Amendment's protections for speech and free association.

The free speech clause has had a special resonance with the court's conservative wing under Chief Justice John Roberts. The court invoked the First Amendment in the landmark 2010 Citizens United decision, which said corporations could spend unlimited sums on political causes. Writing for the five-justice majority, Kennedy equated federal spending restrictions with using "censorship to control thought."

The court has also backed speech rights with more lopsided majorities in cases involving violent video games, depictions of animal cruelty, abortion-clinic buffer zones and anti-homosexual protesters.

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