Lawyer Blog Post 2018/01/30 11:33
The Pennsylvania Supreme Court struck down the state's widely criticized congressional map Monday, granting a major victory to Democrats who alleged the 18 districts were unconstitutionally gerrymandered to benefit Republicans and setting off a scramble to draw a new map.
In the Democratic-controlled court's decision, the majority said the boundaries "clearly, plainly and palpably" violate the state's constitution and blocked the boundaries from remaining in effect for the 2018 elections with just weeks until dozens of people file paperwork to run for Congress.
The justices gave the Republican-controlled Legislature until Feb. 9 to pass a replacement and Democratic Gov. Tom Wolf until Feb. 15 to submit it to the court. Otherwise, the justices said they will adopt a plan in an effort to keep the May 15 primary election on track.
The decision comes amid a national tide of gerrymandering cases, including some that have reached the U.S. Supreme Court.
Democrats cheered the decision to toss out a Republican-drawn map used in three general elections going back to 2012. The map, they say, gave Republicans crucial help in securing 13 of 18 seats in a state where registered Democratic voters outnumber Republicans 5 to 4.
"We won the whole thing," said David Gersch of the Arnold & Porter Kaye Scholer law firm in Washington, D.C., which is helping represent the group of registered Democrats who filed the lawsuit last June.
The defendants — top Republican lawmakers — said they would ask the U.S. Supreme Court this week to step in and put the decision on hold. The state court's decision lacks clarity, precedent and respect for the constitution and would introduce chaos into the state's congressional races, they said.
The Senate's top Republican lawyer, Drew Crompton, called the timeline to draw new districts "borderline unworkable," but said Republicans will do everything they can to comply.

Lawyer Blog Post 2018/01/10 11:29
A federal judge on Friday rejected a request for a new election that might have forced a 50-50 split in Virginia's House of Delegates, calling ballot mistakes cited by Democrats a "garden-variety" problem that doesn't merit federal intervention.
Democrats had hoped a new election in the 28th District would provide an opportunity for an even split in the chamber, which is now on track to be controlled by a 51-49 GOP majority.
Democrats cited state election officials who said 147 voters received the wrong ballot before Republican Bob Thomas beat Democrat Joshua Cole by only 73 votes.
It is the second defeat in as many days for Democrats. On Thursday, election officials broke a tie vote in another House district by drawing names from a bowl, and picking the Republican.
It is the second time Ellis has rejected a request to intervene in the race. Last month he rejected a request to issue a temporary restraining order that would have barred state elections officials from certifying Thomas as the winner. In both rulings, Ellis said he was leery of interjecting federal courts into a state elections process.

Lawyer Blog Post 2018/01/02 11:29
North Carolina legislative districts are back in court again as federal judges must decide whether to accept proposed alterations by their appointed third-party expert.
A three-judge panel scheduled a hearing Friday in Greensboro to listen to why a Stanford University law professor they hired redrew boundaries the way he did. House and Senate districts drawn by Republican legislators have been in courts since 2011.
The same judicial panel previously struck down 28 districts as illegal racial gerrymanders, ultimately leading GOP legislators last summer to retool their maps. But the judges said there seemed to be lingering problems with race and constitutional violations and brought in a special master.
GOP lawyers already have said they expect to appeal to the U.S. Supreme Court if the judicial panel approves the professor's proposal.
Lawyer Blog Post 2017/12/19 11:26
A Spanish court is reviewing an appeal by former Catalan Vice President Oriol Junqueras against his jailing as he awaits formal charges over possible rebellion, sedition and embezzlement in the restive region's recent drive for independence from Spain.
A panel of three Supreme Court judges will decide Thursday on whether to keep Junqueras in custody or grant bail, which would ease the way for him to take his oath as a regional lawmaker and possibly become the new Catalan leader.
Spanish Prime Minister Mariano Rajoy deposed Catalonia's government after separatist legislators passed a declaration of independence from Spain in late October.
Pro-secession parties, including a ticket led by the fugitive ousted president Carles Puigdemont and the left-republican party led by Junqueras, won back most seats in fresh elections last month.
Lawyer Blog Post 2017/12/11 10:17
A prosecutor urged U.N. judges Wednesday to overturn the acquittals of a prominent Serbian ultranationalist on atrocity charges, saying that a failure to do so would inflict lasting damage to the legacy of the groundbreaking war crimes tribunal.
Prosecutor Mathias Marcussen told a five-judge appeals panel that the 2016 acquittals of Vojislav Seselj on nine war crimes and crimes against humanity charges were so deeply flawed that they must be reversed or a new trial ordered.
"Justice has not been done," Marcussen said. He argued that the three-judge trial bench that found Seselj not guilty at the end of his marathon trial at the International Criminal Tribunal for the former Yugoslavia made critical errors of fact and law and failed to properly evaluate all the evidence.
At trial, prosecutors accused Seselj of crimes including persecution, murder and torture and demanded a 28-year sentence for his support of Serb paramilitaries during the region's bitter, bloody wars in the early 1990s. Prosecutors argue that Seselj's actions were part of a plan to drive Croats and Muslims out of large areas of Croatia and Bosnia that leaders in Belgrade considered Serb territory.
Marcussen said that allowing Seselj's acquittals to stand would be "not only an affront to the victims of the alleged crimes, it would also seriously undermine the credibility" of the tribunal and the institution called the Mechanism for International Criminal Tribunals which has been established to deal with appeals and other legal issues left pending when ad hoc tribunals like the Yugoslav court close their doors for good.
A tribunal that prosecuted cases arising from Rwanda's genocide has already closed and the Yugoslav tribunal formally shuts down at the end of December. Seselj's appeal is being handled by the new mechanism.
Seselj, now a Serbian lawmaker, did not attend Wednesday's hearing. Judges gave him 10 days to respond in writing after he receives a transcript of the hearing.

Lawyer Blog Post 2017/12/10 10:17
The Supreme Court is leaving in place a lower court ruling that a federal employment discrimination law doesn't protect a person against discrimination based on their sexual orientation.
The court on Monday declined to take up the question of whether a law that bars workplace discrimination "because of...sex" covers discrimination against someone because of their sexual orientation.
President Barack Obama's Equal Employment Opportunity Commission took the view that it does. But President Donald Trump's administration has argued that Title VII of the Civil Rights Act of 1964 bars discrimination based on gender but doesn't cover sexual orientation. Federal appeals courts are split on the issue. That means the issue is likely to come to the court again.
The case the Supreme Court declined to take involved Jameka Evans, a gay woman who worked as a hospital security officer in Georgia. Lower courts said she couldn't use Title VII to sue for discrimination.
The Supreme Court didn't explain why it was declining to hear the case. But the hospital where Evans worked, Georgia Regional Hospital, told the court there were technical legal problems with the case.
