Differences aside, Supreme Court unites Trump, Senate GOP

Court Watch 2016/08/24 09:50   Bookmark and Share
Differences aside, Donald Trump and Senate Republicans are strongly united on one issue — ideological balance on the Supreme Court.

While Democrats are pushing the GOP-led Senate to confirm Supreme Court nominee Merrick Garland by the end of President Barack Obama's term, Majority Leader Mitch McConnell, R-Ky., has been resolute in blocking him, saying the next president should fill the high court vacancy. Republicans maintain it's a winning political strategy in a year when some GOP rank and file are struggling with reasons to vote for their nominee.

"I would argue that it's one of the few ties that binds right now in the Republican Party," said Josh Holmes, McConnell's former chief of staff. "It's one of the things that's kept a Republican coalition together that seems to be fraying with Donald Trump."

Trump himself has made the same argument.

"If you really like Donald Trump, that's great, but if you don't, you have to vote for me anyway," Trump told supporters at a rally last month. "You know why? Supreme Court judges, Supreme Court judges. Have no choice ... sorry, sorry, sorry."

The billionaire businessman has made the future ideological balance of the high court a key issue in the campaign, promising to nominate a conservative in the mold of former Justice Antonin Scalia, who died in February. He often mentions the issue in campaign speeches, as does his vice presidential nominee, Indiana Gov. Mike Pence.

Pence often spends several minutes of his standard campaign speech reminding crowds of the importance of the court and conservative values. To loud cheers, he warns that a court in Hillary Clinton's hands could push through amnesty for immigrants living in the country illegally and strip individuals' rights to own guns, a reversal of the Second Amendment that Clinton has rejected.
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Arkansas court denies request for new execution law hearing

Court Watch 2016/07/22 10:32   Bookmark and Share
Arkansas' highest court has denied a request to reconsider its June ruling upholding the state's execution secrecy law, but justices issued a stay that prevents the state from setting new execution dates as some inmates appeal to the U.S. Supreme Court.

The Arkansas Supreme Court issued an order Thursday denying a rehearing request by attorneys representing nine inmates who challenged the law that requires the Department of Correction to conceal the maker, seller and other information about the drugs. The inmates have argued the law could lead to cruel or unusual punishment and reneges on an earlier pledge by the state to share information.

The order also grants a request to delay putting the ruling into effect so the inmates can appeal the drug protocol to the U.S. Supreme Court.

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Obama rebukes Poland over paralysis of constitutional court

Court Watch 2016/07/07 13:37   Bookmark and Share
U.S. President Barack Obama expressed concern Friday about the state of democracy in Poland, publicly rebuking a right-wing government that has paralyzed the constitutional court and taken steps to control state run media.

Obama said he shared his worries with Polish President Andrzej Duda in a one-on-one meeting before the opening of a NATO summit in Warsaw.

"I expressed to President Duda our concerns about certain actions and the impasse around Poland's constitutional tribunal," Obama told reporters. "I insisted that we are very respectful of Poland's sovereignty and I recognized that parliament is working on legislation to take important steps but more needs to be done."

Poland has been stuck for months in controversy over the 15-member Constitutional Tribunal, a body that rules on the constitutionality of legislation, playing a role similar to that of the U.S. Supreme Court. The dispute concerns both appointments to the court and the rules that govern how it functions.

Opponents say the government's actions undermine democracy and have held several large street protests in recent months. The government's leaders say it is only trying to correct an imbalance, with appointments by the previous centrist government dominating the court.
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Appeals court denies Hope Solo's bid to avoid trial

Court Watch 2016/06/08 12:47   Bookmark and Share
A state appeals court has rejected U.S. women's soccer team goalkeeper Hope Solo's request to avoid trial on misdemeanor domestic violence charges.
 
Seattlepi.com reports the 34-year-old's appeal related to a 2014 incident at her sister's home in suburban Seattle was denied in a Tuesday ruling.

Solo was accused of being intoxicated and assaulting her sister and 17-year-old nephew in the incident. Her lawyer has said Solo was a victim in the altercation.

The case has bounced between the city of Kirkland and King County courts and is currently back in city court, where Solo had asked for a review.

The appeals court denied the review, essentially upholding the county court's ruling.

It's unclear whether Solo will ask the state Supreme Court to review the appeals court decision.

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High court rejects Google's appeal in class action lawsuit

Court Watch 2016/06/06 23:56   Bookmark and Share
The Supreme Court won't hear an appeal from Google over a class action lawsuit filed by advertisers who claim the internet company displayed their ads on "low quality" web sites.
 
The justices on Monday let stand a lower court ruling that said the lawsuit representing hundreds of thousands of advertisers using Google's AdWords program could go forward.

Google argued that a federal appeals court in San Francisco should not have approved the class action because damages must be calculated individually for each company advertiser. The appeals court rejected that argument and approved use of a formula that would calculate harm based on the average advertiser's experience.

Google runs what is by far the world's largest digital ad network. It generated $67 billion in revenue last year.
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NY court: Case against ex-AIG execs can continue

Court Watch 2016/06/02 23:57   Bookmark and Share
New York's attorney general can continue his legal effort to bar two former American International Group Inc. executives from the securities industry and forfeit any improperly gained profits, the state's highest court ruled Thursday.

The Court of Appeals for the second time refused to dismiss the lawsuit originally filed in 2005 by then-Attorney General Eliot Spitzer, ruling it should go to trial.

The suit claims ex-AIG chief executive Maurice "Hank" Greenberg and ex-chief financial officer Howard Smith had engaged in fraudulent reinsurance transactions to conceal from investors a deteriorating financial condition.

AIG itself resolved state charges as part of a $1.64 billion agreement with regulators in 2006. The insurance giant was bailed out by the federal government in the 2008 financial crisis.

Greenberg and Smith settled related federal Securities and Exchange Commission complaints without admitting wrongdoing in 2009.

Their attorneys challenged the state lawsuit, arguing that New York's Martin Act against securities fraud authorizes neither a permanent industry ban nor disgorgement of profits, and that releases from other settlements barred further financial forfeit.

"As we have previously stated, in an appropriate case, disgorgement may be an available 'equitable remedy distinct from restitution' under the state's anti-fraud legislation," Judge Leslie Stein wrote. "Moreover, as with the attorney general's claim for an injunction, issues of fact exist which prevent us from concluding, as a matter of law that disgorgement is unwarranted."

The court rejected another dismissal motion two years ago, concluding there was sufficient fraud evidence for trial.

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