Supreme Court grapples with governor’s 400-year veto, calling it ‘crazy’

Legal Insight 2024/10/12 11:45   Bookmark and Share
Justices on the Wisconsin Supreme Court said Wednesday that Gov. Tony Evers’ creative use of his expansive veto power in an attempt to lock in a school funding increase for 400 years appeared to be “extreme” and “crazy” but questioned whether and how it should be reined in.

“It does feel like the sky is the limit, the stratosphere is the limit,” Justice Jill Karofsky said during oral arguments, referring to the governor’s veto powers. “Perhaps today we are at the fork in the road ... I think we’re trying to think should we, today in 2024, start to look at this differently.”

The case, supported by the Republican-controlled Legislature, is the latest flashpoint in a decades-long fight over just how broad Wisconsin’s governor’s partial veto powers should be. The issue has crossed party lines, with Republicans and Democrats pushing for more limitations on the governor’s veto over the years.

In this case, Evers made the veto in question in 2023. His partial veto increased how much revenue K-12 public schools can raise per student by $325 a year until 2425. Evers took language that originally applied the $325 increase for the 2023-24 and 2024-25 school years and instead vetoed the “20” and the hyphen to make the end date 2425, more than four centuries from now.

“The veto here approaches the absurd and exceeds any reasonable understanding of legislative or voter intent in adopting the partial veto or subsequent limits,” attorneys for legal scholar Richard Briffault, of Columbia Law School, said in a filing with the court ahead of arguments.

That argument was cited throughout the oral arguments by justices and Scott Rosenow, attorney for Wisconsin Manufacturers & Commerce Litigation Center, which handles lawsuits for the state’s largest business lobbying group and brought the case.

The court should strike down Evers’ partial veto and declare that the state constitution forbids the governor from striking digits to create a new year or to remove language to create a longer duration than the one approved by the Legislature, Rosenow argued.

Finding otherwise would give governors unlimited power to alter numbers in a budget bill, Rosenow argued.

Justices appeared to agree that limits were needed, but they grappled with where to draw the line.
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New rules regarding election certification in Georgia to get test in court

Legal Insight 2024/09/30 09:20   Bookmark and Share
Two controversial new rules passed by Georgia’s State Election Board concerning the certification of vote tallies are set to face their first test in court this week.

The Republican majority on the State Election Board — made up of three members praised by former President Donald Trump praised by name at a recent rally — voted to approve the rules last month. Democrats filed a legal challenge and argue the rules could be used “to upend the statutorily required process for certifying election results in Georgia.”

A bench trial, meaning there is a judge but no jury, is set to begin Tuesday before Fulton County Superior Court Judge Robert McBurney.

One of the rules provides a definition of certification that includes requiring county officials to conduct a “reasonable inquiry” before certifying results, but it does not specify what that means. The other includes language allowing county election officials “to examine all election related documentation created during the conduct of elections.”

A series of recent appointments means Trump-endorsed Republicans have had a 3-2 majority on the State Election Board since May. That majority has passed several new rules over the past two months that have caused worry among Democrats and others who believe Trump and his allies may use them to cause confusion and cast doubt on the results if he loses this crucial swing state to Democratic Vice President Kamala Harris in November’s presidential election.

Another rule the board passed more recently requires that poll workers count the number of paper ballots — not votes — by hand on election night after voting ends. A separate lawsuit filed by a group headed by a former Republican lawmaker initially challenged the two certification rules but was amended last week to also challenge the ballot counting rule and some others that the board passed.

Georgia Secretary of State Brad Raffensperger and an association of county election officials had cautioned the state board against passing new rules so close to the election. They argued it could cause confusion among poll workers and voters and undermine public trust in the voting process.

The challenge to the certification rules filed by Democratic groups and others asks the judge to confirm that election superintendents — a multi-person election board in most counties — have a duty to certify an election by the deadline provided in the law and have no discretion to withhold or delay certification. They ask that it should be declared invalid if the judge believes either of the rules allows such discretion.

Lawyers for the State Election Board argue the Democrats are asking the judge to “declare what is already enshrined in Georgia law,” that county certification is mandatory and must occur by 5 p.m. the Monday after the election, or the next day if Monday is a holiday, as it is this year. They also argue the challenge is barred by the principle of sovereign immunity and seeks relief that isn’t appropriate under the law.

The challenge was filed by the state and national Democratic parties, as well as county election board members from counties in metro Atlanta, most chosen by the local Democratic Party, as well voters who support Democrats and two Democratic state lawmakers running for reelection. It was filed against the State Election Board, and the state and national Republican parties joined the fight on the board’s side.

The Democrats concede in their challenge that the two rules “could be read not to conflict with Georgia statutes” but they argue “that is not what the drafters of those rules intended.”

“According to their drafters, these rules rest on the assumption that certification of election results by a county board is discretionary and subject to free-ranging inquiry that may delay certification or render it wholly optional,” they wrote in a court filing.

They also note that numerous county election officials around the state have already sought to block or delay certification in recent elections and “the new rules hand those officials new tools to do so again in November.”

State lawyers argue that since the argument against the rules is based on the alleged intent of the people who presented them or the way some officials could interpret them, rather than on the text of the rules themselves, the challenge should be thrown out.
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A court in Argentina orders the arrest of Venezuela’s president

Legal Insight 2024/09/24 06:40   Bookmark and Share
A federal court in Argentina on Monday ordered the “immediate” arrest of Venezuelan President Nicolás Maduro and Interior Minister Diosdado Cabello for alleged crimes against humanity committed against dissidents.

The court order came in response to an appeal by Argentine prosecutor Carlos Stornelli after a previous ruling dismissed the complaint against both Venezuelan leaders.

Federal court members Pablo Bertuzzi, Leopoldo Bruglia and Mariano Llorens ordered that “the arrest warrants for Nicolás Maduro and Diosdado Cabello be executed immediately, and that their international arrest should be ordered via Interpol for the purposes of extradition to the Argentine Republic,” according to the resolution.

The order comes hours after Venezuela’s Supreme Court issued an arrest warrant for Argentina’s President Javier Milei amid a controversy between the two countries over the detention in Argentine territory — and delivery to the United States — of a cargo plane that Washington says was sold by a sanctioned Iranian airline to a Venezuelan state-owned company.

The tit-for-tat heightens the tensions between Venezuela and Argentina that have been brewing since far-right Milei assumed power in December and that has led to a breakdown in diplomatic relations.

The case against Maduro and his right-hand man was brought before the Argentine courts by the Argentine Forum for Democracy in the Region, FADER, in early 2023, taking into account Argentina’s jurisprudence on human rights and the principle of universal jurisdiction that allows action to be taken against crimes against humanity, even if they have been committed outside its borders.

According to the plaintiffs, a systematic plan of repression, forced disappearance of persons, torture, homicides and persecution against dissidents has been in place in Venezuela since 2014.
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Algerian court certifies Tebboune’s landslide reelection win

Legal Insight 2024/09/14 11:14   Bookmark and Share
Algeria’s constitutional court on Saturday certified the landslide victory of President Abdelmadjid Tebboune in last weekend’s election after retabulating vote counts that he and his two opponents had called into question.

The court said that it had reviewed local voting data to settle questions about irregularities that Tebboune’s opponents had alleged in two appeals on Monday.

“After verification of the minutes of the regions and correction of the errors noted in the counting of the votes,” it had lowered Tebboune’s vote share and determined that his two opponents had won hundreds of thousands more votes than previously reported, said Omar Belhadj, the constitutional court’s president.

The court’s decision makes Tebboune the official winner of the Sept. 7 election. His government will next decide when to inaugurate him for a second term.

The court’s retabulated figures showed Tebboune leading Islamist challenger Abdellali Hassan Cherif by around 75 percentage points. With 7.7 million votes, the first-term president won 84.3% of the vote, surpassing 2019 win by millions of votes and a double-digit margin.

Cherif, running with the Movement of Society for Peace, won nearly 950,000 votes, or roughly 9.6%. The Socialist Forces Front’s Youcef Aouchiche won more than 580,000 votes, or roughly 6.1%.

Notably, both challengers surpassed the threshold required to receive reimbursement for campaign expenses. Under its election laws, Algeria pays for political campaigns that receive more than a 5% vote share. The results announced by the election authority last week showed Cherif and Aouchiche with 3.2% and 2.2% of the vote, respectively. Both were criticized for participating in an election that government critics denounced as a way for Algeria’s political elite to make a show of democracy amid broader political repression.

Throughout the campaign, each of the three campaigns emphasized participation, calling on voters and youth to participate and defy calls to boycott the ballot. The court announced nationwide turnout was 46.1%, surpassing the 2019 presidential election when 39.9% of the electorate participated.
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Google faces new antitrust trial after ruling declaring search engine a monopoly

Legal Insight 2024/09/06 08:27   Bookmark and Share
One month after a judge declared Google’s search engine an illegal monopoly, the tech giant faces another antitrust lawsuit that threatens to break up the company, this time over its advertising technology.

The Justice Department, joined by a coalition of states, and Google each made opening statements Monday to a federal judge who will decide whether Google holds a monopoly over online advertising technology.

The regulators contend that Google built, acquired and maintains a monopoly over the technology that matches online publishers to advertisers. Dominance over the software on both the buy side and the sell side of the transaction enables Google to keep as much as 36 cents on the dollar when it brokers sales between publishers and advertisers, the government contends in court papers.

They allege that Google also controls the ad exchange market, which matches the buy side to the sell side.

“It’s worth saying the quiet part out loud,” Justice Department lawyer Julia Tarver Wood said during her opening statement. “One monopoly is bad enough. But a trifecta of monopolies is what we have here.”

Google says the government’s case is based on an internet of yesteryear, when desktop computers ruled and internet users carefully typed precise World Wide Web addresses into URL fields. Advertisers now are more likely to turn to social media companies like TikTok or streaming TV services like Peacock to reach audiences.

In her opening statement, Google lawyer Karen Dunn likened the government’s case to a “time capsule with with a Blackberry, an iPod and a Blockbuster video card.”

Dunn said Supreme Court precedents warn judges about “the serious risk of error or unintended consequences” when dealing with rapidly emerging technology and considering whether antitrust law requires intervention. She also warned that any action taken against Google won’t benefit small businesses but will simply allow other tech behemoths like Amazon, Microsoft and TikTok to fill the void.

According to Google’s annual reports, revenue has actually declined in recent years for Google Networks, the division of the Mountain View, California-based tech giant that includes such services as AdSense and Google Ad Manager that are at the heart of the case, from $31.7 billion in 2021 to $31.3 billion in 2023,

The trial that began Monday in Alexandria, Virginia, over the alleged ad tech monopoly was initially going to be a jury trial, but Google maneuvered to force a bench trial, writing a check to the federal government for more than $2 million to moot the only claim brought by the government that required a jury.

The case will now be decided by U.S. District Judge Leonie Brinkema, who was appointed to the bench by former President Bill Clinton and is best known for high-profile terrorism trials including that of Sept. 11 defendant Zacarias Moussaoui. Brinkema, though, also has experience with highly technical civil trials, working in a courthouse that sees an outsize number of patent infringement cases.

The Virginia case comes on the heels of a major defeat for Google over its search engine, which generates the majority of the company’s $307 billion in annual revenue. A judge in the District of Columbia declared the search engine a monopoly, maintained in part by tens of billions of dollars Google pays each year to companies like Apple to lock in Google as the default search engine presented to consumers when they buy iPhones and other gadgets.
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Venezuela’s Supreme Court certifies Maduro’s claims that he won presidential election

Legal Insight 2024/08/25 15:20   Bookmark and Share
Venezuela’s Supreme Court has backed President Nicolás Maduro’s claims that he won last month’s presidential election and said voting tallies published online showing he lost by a landslide were forged.

The ruling is the latest attempt by Maduro to blunt protests and international criticism that erupted after the contested July 28 vote in which the self-proclaimed socialist leader was seeking a third, six-year term.

The high court is packed with Maduro loyalists and has almost never ruled against the government.

Its decision, read Thursday in an event attended by senior officials and foreign diplomats, came in response to a request by Maduro to review vote totals showing he had won by more than 1 million votes.

The main opposition coalition has accused Maduro of trying to steal the vote.

Thanks to a superb ground game on election day, opposition volunteers managed to collect copies of voting tallies from 80% of the 30,000 polling booths nationwide and which show opposition candidate Edmundo González won by a more than 2-to-1 margin.

The official tally sheets printed by each voting machine carry a QR code that makes it easy for anyone to verify the results and are almost impossible to replicate.

“An attempt to judicialize the results doesn’t change the truth: we won overwhelmingly and we have the voting records to prove it,” González, standing before a Venezuelan flag, said in a video posted on social media.

The high court’s ruling certifying the results contradicts the findings of experts from the United Nations and the Carter Center who were invited to observe the election and which both determined the results announced by authorities lacked credibility. Specifically, the outside experts noted that authorities didn’t release a breakdown of results by each of the 30,000 voting booths nationwide, as they have in almost every previous election.

The government has claimed — without evidence — that a foreign cyberattack staged by hackers from North Macedonia delayed the vote counting on election night and publication of the disaggregated results.

González was the only one of 10 candidates who did not participate in the Supreme Court’s audit, a fact noted by the justices, who in their ruling accused him of trying to spread panic.

The former diplomat and his chief backer, opposition powerhouse Maria Corina Machado, went into hiding after the election as security forces arrested more than 2,000 people and cracked down on demonstrations that erupted spontaneously throughout the country protesting the results.

Numerous foreign governments, including the U.S. as well as several allies of Maduro, have called on authorities to release the full breakdown of results.

Gabriel Boric, the leftist president of Chile and one of the main critics of Maduro’s election gambit, lambasted the high court’s certification.
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