Supreme Court takes up cases about race in redistricting

Court Watch 2016/12/05 13:22   Bookmark and Share
The Supreme Court is taking up a pair of cases in which African-American voters maintain that Southern states discriminated against them in drawing electoral districts.

The justices are hearing arguments Monday in redistricting disputes from North Carolina and Virginia.

The claim made by black voters in both states is that Republicans created districts with more reliably Democratic black voters than necessary to elect their preferred candidates, making neighboring districts whiter and more Republican.

A federal court struck down two North Carolina districts as unconstitutional because they relied too heavily on race. In Virginia, a court rejected a constitutional challenge to 12 state legislative districts. The justices have frequently considered the intersection of race and politics.

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Muslim cleric is in US court fighting against deportation

Court Watch 2016/12/03 13:22   Bookmark and Share
The leader of one of New Jersey's largest mosques has taken the stand to defend himself against charges that he lied on his green card application.

Imam Mohammad Qatanani is the leader of the Islamic Center of Passaic County.

A judge ruled against immigration authorities' attempt to have him deported eight years ago. Federal officials say he didn't disclose that he'd been convicted in Israel for being a member of Hamas.

Qatanani began testifying Tuesday before an immigration court judge in Newark as part of the appeals process.

Qatanani denies he was ever part of the group classified as a terrorist organization by the U.S. government. He says he was only detained and never convicted.

Qatanani came to the U.S. from Jordan. He was born in the West Bank.

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Election judge pleads not guilty in absentee ballot case

Court Watch 2016/11/21 12:48   Bookmark and Share
An 88-year-old election judge from southern Illinois has pleaded not guilty after allegedly sending in an absentee ballot in her late husband's name.

The (Belleville) News-Democrat reports that Audrey Cook appeared Thursday in Madison County Circuit Court.

Cook, of Alton, told The Associated Press this month that she filled out the ballot for her husband after he died in September because she knew he would want Donald Trump to be president.

She was charged a few days before the Nov. 8 election with two felony counts of election fraud.

Madison County State's Attorney Tom Gibbons has said the ballot was never even opened because a clerk found it had been submitted in the name of a deceased person.

Gibbons also said Cook would be removed as an election judge.

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Court fight over Ohio executions likely to focus on sedative

Court Watch 2016/10/13 22:44   Bookmark and Share
Ohio says it's resuming executions in January with a three-drug protocol similar to one it used for several years.

The concept is one adopted for decades by many states: the first drug sedates inmates, the second paralyzes them, and the third stops their hearts.

The key difference comes with the first drug the state plans to use, midazolam, which has been challenged in court as unreliable.

The state argues that a planned dose of 500 milligrams will ensure that inmates are properly sedated.

Defense attorneys say it's unclear what a much bigger dose would achieve.

Last year, the U.S. Supreme Court ruled 5-4 that midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.
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Court: Construction can resume on small stretch of pipeline

Court Watch 2016/10/11 22:45   Bookmark and Share
A federal appeals court on Sunday opened the door for construction to resume on a small stretch of the four-state Dakota Access pipeline while it considers an appeal by the Standing Rock Sioux Tribe.

The ruling removed a temporary injunction that halted work on the project.

The tribe had asked the U.S Court of Appeals for the District of Columbia Circuit to continue work stoppage on the pipeline within 20 miles of Lake Oahe in North Dakota. The court earlier ordered work to stop while it considered the motion.

In a statement, Standing Rock Sioux Tribe Chairman Dave Archambault II said that the tribe "is not backing down from this fight."

"We will not rest until our lands, people, waters and sacred places are permanently protected from this destructive pipeline," Archambault said.

Owned by Dallas-based Energy Transfer Partners, the $3.8 billion, 1,172-mile project would carry nearly a half-million barrels of crude oil daily from North Dakota's oil fields through South Dakota and Iowa to an existing pipeline in Patoka, Illinois, where shippers can access Midwest and Gulf Coast markets.

The company did not immediately return an email Sunday seeking comment on the court's decision.

The pipeline passes near Standing Rock Sioux reservation land that straddles the North Dakota-South Dakota border. The tribe's protest encampment near the confluence of the Missouri and Cannonball rivers has swelled to thousands at times as demonstrators from around the country joined their cause.

Tribal and state officials also are at odds over whether sacred sites were destroyed while digging the pipeline corridor. The state archaeologist has said an inspection found no sign that the area contained human remains or cultural artifacts.

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Hawaii Supreme Court affirms Maui solar telescope permit

Court Watch 2016/10/07 22:45   Bookmark and Share
Hawaii's Supreme Court on Thursday affirmed a permit to build a solar telescope on a Maui mountain.

The ruling denies a challenge by a group seeking to protect the sacredness of the summit of Haleakala (hah-leh-AH'-ka-lah). The University of Hawaii followed proper procedure for an environmental assessment, the Supreme Court also ruled in a separate ruling.

Last year, eight people were arrested when protesters tried to stop a construction convoy heading to the solar telescope site. Kahele Dukelow, one of the protest leaders, said opponents are disappointed and considering what their next steps will be.

"We only have one alternative now," she said. "We have to continue to protest in other ways."

They hoped the decision would be similar to the court's ruling last year that invalidated a permit to build the Thirty Meter Telescope on the Big Island's Mauna Kea. That project has been the focus of more intense protests. Opposition to both telescopes cite concerns that the projects will desecrate sacred land.

The permit approval process was not "procedurally flawed by prejudgment" nor was it "flawed by impermissible ex parte communication," the court's 3-2 majority opinion said.

State Attorney General Doug Chin said his office will look into whether the rulings have any impact on future matters before the state land board, including the Thirty Meter Telescope.

"We are disappointed with the court's decision," said a statement from the Native Hawaiian Legal Corp., which represents the group that challenged the solar telescope project, Kilakila O Haleakala. "This decision impacts all who are concerned about the protection of Hawaii's natural and cultural resources."

Officials with the Daniel K. Inouye Solar Telescope didn't immediately comment.

"We are still reviewing the full decisions, but we look forward to 'first light' when the Daniel K. Inouye Solar Telescope will open a new era of discovery in Hawaii, about the sun and its daily impacts on all life on Earth," university President David Lassner said in a statement.

External construction of the Maui telescope is complete, with only internal work remaining, according to the university. The $340-million project is scheduled to be operational in 2019. Construction of the $1.4 billion Thirty Meter Telescope remains stalled pending a new contested case hearing scheduled to begin later this month.

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