Kansas Supreme Court upholds Republican congressional map

Lawyer Blog Post 2022/05/18 12:42   Bookmark and Share
Kansas’ highest court on Wednesday upheld a Republican redistricting law that makes it harder for the only Democrat in the state’s congressional delegation to win reelection in a big victory for the GOP.

The state Supreme Court declined for now to declare that overly partisan gerrymandering violates the Kansas Constitution. The ruling sets district boundaries less than a month before the state’s June 10 filing deadline for congressional candidates.

The court’s opinion was two paragraphs long, saying only that the voters and voting rights group challenging the map “have not prevailed on their claims” that the map violated the state constitution and that a full opinion would come later.

The brief decision was written by Justice Caleb Stegall, who is seen as the most conservative of the court’s seven justices, five of whom were appointed by Democratic governors. During arguments from attorneys on Monday, he questioned whether anyone could clearly define improper partisan gerrymandering.

Lawsuits over new congressional district lines have proliferated across the U.S., with Republicans looking to recapture a U.S. House majority in this year’s midterm elections. Congressional maps in at least 17 states have inspired lawsuits, according to the nonpartisan Brennan Center for Justice.

In the past, congressional district lines have been reviewed by federal judges and not the state Supreme Court. The conservative-leaning U.S. Supreme Court ruled in a 5-4 decision in 2019 that complaints about partisan gerrymandering are political issues and not for the federal courts to resolve.

The state’s Republican-appointed solicitor general argued in defending the GOP-drawn map that because the state constitution doesn’t specifically mention gerrymandering or congressional redistricting, the Kansas Supreme Court should reject the legal challenges. He and other state officials said that the justices had no guidance on how to define improper political gerrymandering.
top

Georgian wants Congress to decry prosecution of abortions

Lawyer Blog Post 2022/05/12 09:22   Bookmark and Share
A Georgia representative is proposing that Congress condemn attempts to criminally prosecute people who perform abortions, have abortions or experience miscarriages.

Rep. Nikema Willams, an Atlanta Democrat who formerly lobbied for Planned Parenthood in the southeast, is introducing her resolution Thursday, and has already collected 115 co-sponsors, all Democrats, her spokesman said.

The resolution also supports keeping contraceptives and abortion pills available, and using puberty blockers, hormones and other procedures when medically necessary to treat transgender people.

“Someone you know, someone in your family, or someone you love currently relies on or will need these services,” the congresswoman said in a statement.

The move comes after a Democratic effort in the U.S. Senate to enshrine abortion access into federal law fell far short of breaking a filibuster on Wednesday. Williams’ effort and the Senate debate follow a leaked draft U.S. Supreme Court opinion suggesting that justices will overturn the 50-year-old Roe v. Wade decision that created a nationwide right to abortion, leaving states to decide such questions.

The resolution would not have the force of law, but would help Democrats highlight what they see as Republican overreach. Some women have already been prosecuted for fetal harm due to alcohol and drug use during pregnancy. Louisiana lawmakers, despite opposition from anti-abortion groups who say it goes too far, are debating a bill that would make women who get abortions subject to prosecution for murder. And several states recently banned certain medical treatments for transgender youth.
top

Supreme Court rules against Boston in Christian flag case

Lawyer Blog Post 2022/05/02 14:33   Bookmark and Share
A unanimous Supreme Court ruled Monday that Boston violated the free speech rights of a conservative activist when it refused his request to fly a Christian flag on a flagpole outside City Hall.

Justice Stephen Breyer wrote for the court that the city discriminated against the activist, Harold Shurtleff, because of his “religious viewpoint,” even though it had routinely approved applications for the use of one of the three flagpoles outside City Hall that fly the U.S., Massachusetts and Boston flags.

Occasionally, the city takes down its own pennant and temporarily hoists another flag.

Shurtleff and his Camp Constitution wanted to fly a white banner with a red cross on a blue background in the upper left corner, called the Christian flag, to mark Constitution Day, Sept. 17, in 2017.

The city had approved 284 consecutive applications to fly flags, usually those of other nations, before it rejected Shurtleff’s because it was a Christian flag. The city said he could fly a different banner, but Shurtleff refused, and lower courts upheld the city’s decision.

But the high court said the lower courts and the city were wrong. The case hinged on whether the flag-flying is an act of the government, in which case Boston can do whatever it wants, or private parties like Shurtleff, Breyer wrote.

top

Maryland governor appoints 2 to state’s highest court

Lawyer Blog Post 2022/02/18 13:20   Bookmark and Share
Maryland Gov. Larry Hogan announced the appointments of two judges to the state’s highest court on Thursday.

Harford County Circuit Court Judge Angela Eaves has been appointed to the Maryland Court of Appeals. Eaves, who is the first Hispanic judge appointed to the court, has been nominated to succeed Judge Robert McDonald upon his mandatory retirement later this month.

Hogan also announced the appointment of Judge Matthew Fader, of Howard County, to the Court of Appeals. Fader is currently the chief judge of the Court of Special Appeals, Maryland’s intermediate-appellate court. He has been appointed to succeed Judge Joseph Getty upon his mandatory retirement in April.

The Republican governor also announced that Court of Special Appeals Judge E. Gregory Wells will serve as the new chief judge of that court.

In addition, Hogan appointed Montgomery County Circuit Court Judge Anne Albright to fill the seat that will open on the Court of Special Appeals with Fader’s departure.
top

Temple prof seeks reinstatement of damage claims against FBI

Lawyer Blog Post 2022/02/10 10:55   Bookmark and Share
A Temple University physics professor who was charged with sharing scientific technology with China only for the case to collapse before trial and be dismissed by the Justice Department asked a federal appeals court on Monday to reinstate his clams for damages against the U.S. government.

Lawyers for Xiaoxing Xi and his wife say in a brief filed Monday with a Philadelphia-based appeals court that a judge erred last year when he dismissed most of the claims in their federal lawsuit. They assert that the FBI agent who led the investigation “intentionally, knowingly or recklessly” made false statements and misrepresented evidence so that prosecutors could get an indictment.

“When law enforcement agents abuse the legal process by obtaining indictments and search warrants based on misrepresentations or by fabricating evidence, it undermines the legitimacy of the courts,” Xi’s legal team, which includes lawyers from the American Civil Liberties Union, wrote in the brief.
top

Suits target New Orleans virus rules, some affect Mardi Gras

Lawyer Blog Post 2022/02/03 14:57   Bookmark and Share
More than 100 people have joined a lawsuit against New Orleans’ mayor and health director over COVID-19 restrictions that recently were extended to parade and other participants on Mardi Gras and during the season leading up to it.

The lawsuit against Mayor LaToya Cantrell and health director Jennifer Avegno targets mask and vaccination mandates, news outlets reported.

It was filed Monday in state court by Alexandria attorney Jimmy Faircloth, who has lost federal court challenges to restrictions aimed at slowing the spread of COVID-19, The Times-Picayune / The New Orleans Advocates noted.

“Traditionally, we do not comment on active or pending litigation,” City Hall spokesman Beau Tidwell said during a news conference Tuesday. “However, in this case I think it’s worth noting that the guidelines that we put in place saved lives, full stop. The vaccine mandate and the mask requirements are going to remain in place throughout Mardi Gras.”

Fat Tuesday will be March 1 this year. The 2020 festival was later recognized as a super spreader that turned New Orleans into an early pandemic hot spot. Last season, parades were canceled and bars were shuttered in the city.

This year, masks are required in bars, restaurants and other public spaces. And children as young as 5 must show proof of vaccination or a recent negative test for the virus to get into indoor public areas.

The new lawsuit accuses Cantrell and Avegno, who often have gone beyond state restrictions, of taking “authoritarian actions under the pretext of an emergency without end,” the newspaper reported.

The plaintiffs, mostly from New Orleans and neighboring Jefferson Parish, want Judge Robin Giarrusso to halt the requirements while the lawsuit is in court.
top

◀ PREV : [1] : .. [2] : [3] : [4] : [5] : [6] : [7] : [8] : [9] : [10] : .. [34] : NEXT ▶








Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design