Court News 2016/05/10 10:47
Attorneys for Kansas hope to persuade the state Supreme Court that recent changes in the state's education funding system are fair enough to poor districts that the justices can abandon a threat to shut down public schools.
The high court was set to hear arguments Tuesday on whether the technical changes legislators made earlier this year comply with a February order from the justices to improve funding for poor school districts. The changes leave most districts' aid unchanged and don't boost overall education spending.
Lawyers for four school districts suing the state contend legislators' work shouldn't satisfy the Supreme Court because aid to all poor districts didn't increase. But the state's attorneys have submitted more than 950 pages of documents in an attempt to show that lawmakers' solution was in keeping with past court decisions.
"I'm hopeful the Supreme Court's going to take what the Legislature has done and say it's an appropriate answer," Republican Gov. Sam Brownback told reporters ahead of the arguments.
The Dodge City, Hutchinson, Wichita and Kansas City, Kansas, districts sued the state in 2010, arguing that Kansas spends too little on its schools and unfairly distributes the aid it does provide, more than $4 billion a year.
The court concluded in February that lawmakers hadn't done enough to ensure that poor districts keep up with wealthy ones. The justices ordered lawmakers to fix the problems by June 30 or face having schools shut down.

Court News 2016/04/14 01:19
For years, Chen Tiantian could only read about the gay rights movement in faraway places. She knew that there were activists in Beijing and a vibrant community in Shanghai, and that in San Francisco, a distant mecca, gay pride parades took up entire streets.
But on Wednesday, the 20-year-old English major sat on the steps of a courthouse and spoke fervently about how the struggle for equality had arrived in her central Chinese hometown — and how she planned to take part.
"It's hard to believe, but we're right in the middle of this," said Chen, who is lesbian and came with several friends to support a local couple who had challenged the city's civil affairs bureau after they were denied a marriage certificate. "It's like I'm finally entering the struggle myself."
Though it was dismissed by the court in Changsha, China's first legal challenge to a law limiting marriage to opposite-sex couples has galvanized many of the hundreds of young Chinese gay rights supporters who gathered at the courthouse, some of them waving small rainbow flags. The hearing's sizable public turnout and coverage by usually conservative Chinese media appeared to reflect early signs of shifting social attitudes in China on the topic of sexual orientation.
The lawsuit that was dismissed was brought by 26-year-old Sun Wenlin against the civil affairs bureau for refusing to issue him and his partner, Hu Mingliang, a marriage registration certificate. The judge's ruling against the couple came down after a three-hour hearing — but that didn't dampen the mood of many of the hundreds of young Chinese who gathered outside the courthouse hoping for a chance to "witness history," in the words of one supporter.

Court News 2016/04/14 01:19
Bill Cosby's lawyers urged an appeals court Wednesday to reseal the comedian's lurid, decade-old testimony about his womanizing, but the panel of judges seemed to think the request was pointless, since the deposition has already made headlines around the world.
Members of the three-judge panel of the 3rd U.S. Circuit of Appeals reeled off a list of "the toothpaste's out of the tube"-type metaphors to suggest that any damage to Cosby's reputation from the release of the testimony has already been done.
Cosby's attorneys hope a ruling in their favor could help them keep the documents from being used in the criminal case against him in Pennsylvania and in the many lawsuits filed around the country by women who accuse him of sexual assault or defamation.
But the judges questioned that strategy, too.
The other courts "don't have to necessarily follow us. We can't control them," Circuit Judge Thomas L. Ambro said.
Cosby gave the testimony in 2005 as part of a lawsuit brought against him by Andrea Constand, a Temple University employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and sensitive documents in the file remained sealed.
In the nearly 1,000-page deposition, the comic known as "America's Dad" admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.
The documents were released last year on a request by The Associated Press. U.S. District Judge Eduardo Robreno found the public had a right to Cosby's testimony because of his role as a self-appointed "public moralist" and because he had denied accusations he drugged and molested women.

Court News 2016/03/28 12:05
Candidates for public office in Ohio can lie and get away with it under a recent federal court ruling that struck down a state law banning false statements in campaigns, an attorney says.
Attorney Donald Brey, who has represented Republicans in cases before the Ohio Elections Commission, told The Columbus Dispatch his clients mostly tell the truth, but can legally lie as long as they don't defame anyone.
In past elections, the commission ruled on false-advertising complaints. That changed when the U.S. 6th Circuit Court of Appeals a few weeks ago upheld the 2014 ruling by U.S. District Court Judge Timothy Black that found the law violated the First Amendment. The Dispatch reports no further appeal is expected.
Black wrote that "lies are bad," but with some political speech, "there is no clear way to determine whether a political statement is a lie or the truth, and we certainly do not want the government deciding what is political truth."
Phil Richter, executive director of the state Elections Commission, said he has had to turn away calls from candidates alleging false-advertising claims.

Court News 2016/03/04 16:54
A federal appeals court will hold a new hearing on whether a Texas voter ID law has discriminatory effects on minorities ? a potential blow to the Obama administration's efforts to fight new ballot-box restrictions passed by conservative legislatures around the country.
A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled in August that the 2011 Texas law requiring 14.6 million registered voters to show picture identification at the polls violates parts of the federal Voting Rights Act. But an order issued late Wednesday says a majority of the full court, which currently has 15 members, voted to hear the case again.
The order was issued without additional opinion, and a new hearing date hasn't been set.
Texas was allowed to enforce the voter ID law during elections in 2014 and during last week's primary. Supporters say it prevents fraud, but opponents argue its true intent is to make voting tougher for older, poor and minority voters who tend to support Democrats and are less likely to have the mandated forms of identification.
In a statement, state Attorney General Ken Paxton called the order "a strong step forward in our efforts to defend the state's Voter ID laws."
"We look forward to presenting our case before the full Fifth Circuit," said Paxton, a Republican who has been indicted on felony securities fraud charges stemming from actions he took before becoming attorney general in January 2015.

Court News 2016/03/01 16:54
Conservative and liberal groups are only beginning their battle over the Supreme Court vacancy, with a smattering of television ads and behind-the-scenes research serving as warning shots in what's sure to be an expensive fight that will color November's elections.
Activity will only ramp up once President Barack Obama names someone to replace the late Justice Antonin Scalia ? a nomination Senate Majority Leader Mitch McConnell, R-Ky., and other Republicans promise the chamber will never consider. Many expect Obama to announce his pick next week.
With the court's 4-4 balance between liberal and conservative justices in play, both parties and their allies are reaching out to rally their memberships, solicit contributions and savage the opposition.
The conservative Judicial Crisis Network has run TV spots backing GOP senators in seven states and digital ads targeting Democrats in four others, while its leader wrote an article criticizing one potential nominee for a case she handled as a public defender a decade ago. On its website, the legislative arm of the National Rifle Association links readers to an article titled "Justice Barack Obama?" suggesting that scenario should Democrat Hillary Clinton become president.
The Senate Majority PAC, backing Democrats, has launched a New Hampshire TV ad accusing GOP Sen. Kelly Ayotte, in a competitive re-election race, of "ignoring the Constitution, not doing her job." And Citizens United, dedicated to overturning the Supreme Court decision that unleashed unlimited campaign spending by corporations and unions, has aired commercials pressing Ayotte and Sen. Roy Blunt, R-Mo., to consider a nominee. A group of 21 Democratic attorneys general penned a letter warning Senate leaders not to "undermine the rule of law." MoveOn.org and other progressive groups plan rallies outside senators' home-state offices on a March 21 "National Day of Action."
"A Supreme Court nomination is the No. 1 top priority for almost any conservative group," said Carrie Severino, the Crisis Network's policy director, a sentiment shared by liberals, too. "Almost every issue ultimately finds its way to the Supreme Court."
Democrats and liberals have focused on Senate Judiciary Committee Chairman Charles Grassley, R-Iowa, and other Republican senators seeking re-election this fall in swing states like Ohio, Pennsylvania and Wisconsin. Backed by nearly all GOP senators, Grassley has said his panel won't hold a hearing on Obama's choice.
