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Arizona court to hear arguments on immigrant tuition case
Lawyer News | 2018/03/22 12:15
The Arizona Supreme Court will hear arguments on whether young immigrants granted deferred deportation status under a program started by former President Barack Obama are eligible for lower in-state college tuition.

The hearing is set for Monday after the justices agreed in February to consider an appeal by the Maricopa County Community Colleges District, which won an initial ruling in 2015 that was overturned in June by the state Court of Appeals.

The Court of Appeals ruling said the 2012 Deferred Action for Childhood Arrivals program known as DACA did not confer legal status and each state can decide on optional benefits for DACA recipients.

Arizona law bars public benefits such as in-state tuition for students without legal status. Pima Community College and a teachers union support the Maricopa County district's appeal.


Another key redistricting case goes in front of high court
Law Center | 2018/03/21 12:19
The Supreme Court has already heard a major case about political line-drawing that has the potential to reshape American politics. Now, before even deciding that one, the court is taking up another similar case.

The arguments justices will hear Wednesday in the second case, a Republican challenge to a Democratic-leaning congressional district in Maryland, could offer fresh clues to what they are thinking about partisan gerrymandering, an increasingly hot topic before courts.

Decisions in the Maryland case and the earlier one from Wisconsin are expected by late June. The arguments come nearly six months after the court heard a dispute over Wisconsin legislative districts that Democrats claim were drawn to maximize Republican control in a state that is closely divided between the parties.

The Supreme Court has never thrown out electoral districts on partisan grounds and it’s not clear the justices will do so now. But supporters of limits on partisanship in redistricting are encouraged that the justices are considering two cases.

“In taking these two cases, the Supreme Court wants to say something about partisan gerrymandering. It’s clear the Supreme Court is not walking away from the issue,” said Michael Li, senior counsel at the New York University law school’s Brennan Center for Justice.

The justices’ involvement in partisan redistricting reflects a period of unusual activity in the courts on this topic. Over the past 16 months, courts struck down political districting plans drawn by Republicans in North Carolina, Pennsylvania and Wisconsin. Federal judges threw out a state legislative map in Wisconsin and a congressional plan in North Carolina. In Pennsylvania, the state Supreme Court invalidated the state’s congressional districts and replaced them with a court-drawn plan.


Agency: School boards, counties should stay out of court
Court Watch | 2018/03/18 12:17
School districts across North Carolina will present fall funding requests in the coming weeks, with the threat of costly and lengthy litigation if local county commissioners can't see eye-to-eye with school board members on spending.

The General Assembly's government watchdog agency told legislators Monday they should pass a law barring school districts from suing when funding disagreements can't be settled through formal mediation.

The Program Evaluation Division recommended the new law instead direct a county fund a district when mediation is exhausted through a formula based on student membership and inflation.

Some committee members hearing the agency report questioned whether it was worth changing the law since school funding impasses reached the courts just four times between 1997 and 2015. It took 21 months on average to resolve them.




California court body has paid $500K to settle sex claims
Law Center | 2018/03/16 12:18
The policymaking body for California's courts says it has paid more than $500,000 in taxpayer funds since 2011 to settle five complaints of sexual harassment against judges and court employees.
   
The Judicial Council released the figures on Friday. They were first reported by the legal publication, the Recorder.
   
The council said three of the complaints were against judges and two were against court employees.
   
The council said it has paid another roughly $80,000 since 2010 to investigate sexual harassment allegations against five judicial officers.
   
It did not disclose any names or details of the individual cases.
   
The Judicial Council's figures come as California's Legislature has been embroiled in sexual misconduct scandals that have brought down several lawmakers.



Utah teen appears in court in school backpack bomb case
Law Center | 2018/03/15 12:18
A 16-year-old is facing attempted murder and other charges after prosecutors say he tried to ignite an explosive device in a backpack at his southern Utah high school.

The teen also was charged Monday in juvenile court in St. George with misdemeanor graffiti and abuse of a flag for allegedly cutting up an American flag and spray-painting words including "ISIS" on a wall at a different high school in nearby Hurricane.

The FBI determined the group was not involved. The Deseret News reports the boy remains in juvenile detention pending another court appearance. No explosion resulted and no one was hurt March 5 after the backpack was found emitting smoke in a common area of Pine View High School.

Charging documents say the boy told police that if someone got hurt, he probably wouldn't care.


Maryland redistricting case comes before Supreme Court
Legal Focuses | 2018/03/14 12:17
The Supreme Court is taking up its second big partisan redistricting case of the term amid signs the justices could place limits on drawing maps for political gain.

The justices are hearing arguments Wednesday in an appeal filed by Republicans in Maryland. They complain that Democrats who controlled the state government in 2011 drew a congressional district for the express purpose of ousting the Republican incumbent and replacing him with a Democrat.

In Wisconsin, Democrats are challenging legislative districts drawn by Republicans statewide. Those districts gave Republicans a huge majority in a state that otherwise is closely divided between the parties.

The Supreme Court has never struck down districts for being too partisan.

A decision in favor of opponents of partisan gerrymandering could cut into the political power of the dominant party in states in which one party controls the state government.

The court is expected to issue decisions in both cases by late June.

Maryland's 6th Congressional District had been centered in rural, Republican-leaning northwestern Maryland and had elected a Republican to Congress for 20 years. Incumbent Rep. Roscoe Bartlett won re-election in 2010 by 28 percentage points.

But in the 2011 redistricting, Democrats altered the district to take in some Democratic suburbs of Washington, D.C. The new district had 62,000 fewer Republicans and 33,000 more Democrats. Bartlett lost the 2012 election by 21 percentage points.

Republican voters who sued over the changes said the state violated their First Amendment rights.

Maryland Attorney General Brian Frosh, a Democrat, is defending the district as competitive for both parties. Frosh said the district has elected a moderate Democrat, and in 2014, a friendlier year for Republican candidates, the victory margin of Democratic Rep. John Delaney dropped to less than 2 percentage points, though it rose again in 2016.



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