Court Watch 2018/04/09 17:05
Online shoppers have gotten used to seeing that line on checkout screens before they click "purchase." But a case before the Supreme Court could change that.
At issue is a rule stemming from two, decades-old Supreme Court cases: If a business is shipping to a state where it doesn't have an office, warehouse or other physical presence, it doesn't have to collect the state's sales tax.
That means large retailers such as Apple, Macy's, Target and Walmart, which have brick-and-mortar stores nationwide, generally collect sales tax from customers who buy from them online. But other online sellers, from 1-800 Contacts to home goods site Wayfair, can often sidestep charging the tax.
More than 40 states are asking the Supreme Court to reconsider that rule in a case being argued Tuesday. They say they're losing out on "billions of dollars in tax revenue each year, requiring cuts to critical government programs" and that their losses compound as online shopping grows. But small businesses that sell online say the complexity and expense of collecting taxes nationwide could drive them out of business.
Large retailers want all businesses to "be playing by the same set of rules," said Deborah White, the president of the litigation arm of the Retail Industry Leaders Association, which represents more than 70 of America's largest retailers.
For years, the issue of whether out-of-state sellers should collect sales tax had to do mostly with one company: Amazon.com. The online giant is said to account for more than 40 percent of U.S. online retail sales. But as Amazon has grown, dotting the country with warehouses, it has had to charge sales tax in more and more places.
President Donald Trump has slammed the company, accusing it of paying "little or no taxes" to state and local governments. But since 2017, Amazon has been collecting sales tax in every state that charges it. Third-party sellers that use Amazon to sell products make their own tax collection decisions, however.
The case now before the Supreme Court could affect those third-party Amazon sellers and many other sellers that don't collect taxes in all states — sellers such as jewelry website Blue Nile, pet products site Chewy.com, clothing retailer L.L. Bean, electronics retailer Newegg and internet retailer Overstock.com. Sellers on eBay and Etsy, which provide platforms for smaller sellers, also don't collect sales tax nationwide.
States generally require consumers who weren't charged sales tax on a purchase to pay it themselves, often through self-reporting on their income tax returns. But states have found that only about 1 percent to 2 percent actually pay.

Court Watch 2018/04/08 17:06
Georgia's highest court says a man can't be retried for murder after the judge in his case declared a mistrial after about three hours of jury deliberations.
Jedarrius Treonta Meadows was on trial in September 2015 for the February 2014 shooting death of Damion Bernard Clayton in Macon.
The judge declared a mistrial after jurors said they weren't making progress and a bailiff said things had become contentious in the jury room. The defense objected, arguing that three hours of deliberation wasn't unreasonable.
The following month, the defense argued a retrial would violate Meadows' constitutional protection against double jeopardy. The judge rejected that in June.
The Georgia Supreme Court ruled Monday that the mistrial ruling was made "without sufficient factual support and without considering less drastic alternatives to terminating the trial."
Court Watch 2018/03/27 21:34
A federal court in Washington has told the Trump administration that the government can't interfere with the ability of pregnant immigrant teens being held in federal custody to obtain abortions.
A judge issued an order Friday evening barring the government from "interfering with or obstructing" pregnant minors' access to abortion counseling or abortions, among other things, while a lawsuit proceeds. The order covers pregnant minors being held in federal custody after entering the country illegally.
Lawyers for the Department of Health and Human Services, which is responsible for sheltering children who illegally enter the country unaccompanied by a parent, have said the department has a policy of "refusing to facilitate" abortions. And the director of the office that oversees the shelters has said he believes teens in his agency's care have no constitutional right to abortion.
The American Civil Liberties Union brought a lawsuit on behalf of the minors, which the judge overseeing the case also Friday allowed to go forward as a class action lawsuit.
"We have been able to secure justice for these young pregnant women in government custody who will no longer be subject to the government's policy of coercion and obstruction while the case continues," said ACLU attorney Brigitte Amiri after the judge's order became public.
The government can appeal the judge's order. A Department of Justice spokesman didn't immediately respond to an emailed request for comment Friday evening.
The health department said in a statement Saturday that it "strongly maintains that taxpayers are not responsible for facilitating the abortion of unaccompanied minors who entered the country illegally and are currently in the government's care." It said it is "working closely with the Justice Department to review the court's order and determine next steps."
The ACLU and Trump administration have been sparring for months over the government's policy. In a high-profile case last year, the ACLU represented a teen who entered the U.S. illegally in September and learned while in federal custody in Texas that she was pregnant.
The teen, referred to in court paperwork as Jane Doe, obtained a state court order permitting her to have an abortion and secured private funding to pay for it, but federal officials refused to transport her or temporarily release her so that others could take her to get the procedure.
The teen was ultimately able to get an abortion in October as a result of the lawsuit, but the Trump administration has accused the ACLU of misleading the government during the case, a charge the ACLU has denied.

Court Watch 2018/03/08 23:03
Cambodia's Supreme Court has denied bail for an opposition leader charged with treason who is seeking to be released for medical treatment abroad.
The court ruled Friday that Kem Sokha must remain in pretrial detention for his own safety and because the investigation into his case is ongoing. His Cambodia National Rescue Party was dissolved last November by a court ruling on a complaint by Prime Minister Hun Sen's government.
Kem Sokha's case is widely regarded as a political setup by the government to cripple its opponents ahead of a general election this July. The party's dissolution was linked to the treason charge against Kem Sokha, for which he could be sentenced to up to 30 years in prison.
Kem Sokha's lawyers say he suffers from high blood pressure and diabetes, and has fallen sick in prison since being detained last September.
The court said if Kem Sokha is sick, the prison will arrange for a doctor to examine him inside the prison facility.
"If Kem Sokha is not allowed to have medical treatment at a hospital and in case he dies inside the prison, who will take responsibility? Are all of you responsible?" one of Kem Sokha's lawyers, Chea Cheng, asked the court.
The Phnom Penh Municipal Court this month granted a six-month extension for Kem Sokha's pre-trial detention period after the expiration of the initial six months. He has now been denied bail three times.
Kem Sokha was arrested last September on the basis of videos from several years ago showing him at a seminar where he spoke about receiving advice from U.S. pro-democracy groups. The opposition party has denied the treason allegation, saying the charge is politically motivated.
In the past several years the opposition party has faced an onslaught of legal challenges from Hun Sen's government with the support of the courts, which are generally seen as favoring his ruling Cambodian People's Party. Court rulings forced Sam Rainsy, Kem Sokha's predecessor as opposition leader, to remain in exile to avoid prison and pressured him into resigning from his party. Other top opposition party leaders fled Cambodia after Kem Sokha's jailing and the party's dissolution.

Court Watch 2018/03/06 23:03
A woman was illegally fired by a Detroit-area funeral home after disclosing that she was transitioning from male to female and dressed as a woman, a federal appeals court ruled Wednesday.
The 6th U.S. Circuit Court of Appeals said R.G. & G.R. Harris Funeral Home in Garden City discriminated against director Aimee Stephens by firing her in 2013.
In a 3-0 decision, the court said "discrimination against employees, either because of their failure to conform to sex stereotypes or their transgender and transitioning status, is illegal under Title VII" of federal civil rights law.
The court overturned a decision by U.S. District Judge Sean Cox, who said the funeral home had met its burden to show that keeping Stephens "would impose a substantial burden on its ability to conduct business in accordance with its sincerely held religious beliefs."
The lawsuit was filed by the U.S. Equal Employment Opportunity Commission.
"The unrefuted facts show that the funeral home fired Stephens because she refused to abide by her employer's stereotypical conception of her sex," said judges Karen Nelson Moore, Helene White and Bernice Donald.
The EEOC learned that the funeral home, until fall 2014, provided clothing to male workers dealing with the public but not females. The court said it was reasonable for the EEOC to investigate and discover the "seemingly discriminatory clothing-allowance policy."
Stephens said in a statement released by the American Civil Liberties Union that nobody "should be fired from their job just for being who they are," adding "I'm thrilled with the court's decision."

Court Watch 2018/02/18 12:26
The Supreme Court of the Maldives delayed its order Sunday reinstating 12 pro-opposition lawmakers ahead of a key parliamentary sitting, the latest political turmoil to roil the island nation.
Opposition lawmaker Ahmed Mahloof said the government may call for important votes at a parliamentary sitting Monday to extend a state of emergency or dismiss two Supreme Court judges who have been arrested on allegations of corruption.
President Yameen Abdul Gayoom's ruling party may have lost a majority in the 85-member parliament if the 12 lawmakers were to be allowed to participate Monday.
The Maldives has faced upheaval since Feb. 1, when the Supreme Court ordered the release of Yameen's imprisoned political opponents and the reinstatement of 12 lawmakers sacked after they sided with the opposition.
The prisoners include Mohamed Nasheed, the country's first president elected in a free election, who could have been Yameen's main rival in his re-election bid later this year.
After days of conflict with the judiciary, Yameen declared a 15-day state of emergency and had the country's chief justice and another Supreme Court judge arrested on bribery allegations.
