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Idaho Supreme Court upholds grocery tax veto
Court Watch |
2017/07/20 23:10
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The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.
The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.
Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.
However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.
"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.
Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.
For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session. |
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Rob Kardashian's ex-fiancee arrives at court for hearing
Court Watch |
2017/07/11 12:00
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Rob Kardashian's former fiancée Blac Chyna has arrived at a Los Angeles courthouse to seek a restraining order against the reality television star.
Chyna and her attorney Lisa Bloom walked into the downtown Los Angeles courthouse Monday morning without speaking to reporters.
Bloom has accused Kardashian of cyber bullying over a series of lurid Instagram posts he made last week. The posts got Kardashian's Instagram account shut down, but he continued his attacks on Twitter. The posts became a worldwide trending topic
Kardashian and Chyna announced their engagement in April 2016 and starred in an E! reality show about their relationship. The couple split up a month later. Their daughter, Dream, was born last November. |
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Supreme Court deadline nears for suit over wetland loss
Court Watch |
2017/07/11 12:00
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A Louisiana flood board is nearing a deadline for asking the U.S. Supreme Court to review its lawsuit seeking to make oil and gas companies pay for decades of damage to coastal wetlands.
Federal district and appeals courts have rejected the lawsuit, which was met by fierce opposition from the energy industry and many in state government when it was filed in 2013. The suit by the Southeast Louisiana Flood Protection Authority East said drilling and dredging activity contributed to loss of wetlands that form a hurricane buffer for New Orleans.
Oil industry supporters have labeled the lawsuit an attack on a vital industry. Tuesday marks the deadline for the flood board attorneys to seek Supreme Court review after their last defeat in April.
A federal district judge's 2015 ruling held that federal and state law provided no avenue by which the board could bring the suit.
A three judge panel of the 5th U.S. Circuit Court of Appeals upheld the ruling in March and the full 15-member court refused a rehearing in April. Lawyers for the flood board had a 90-day window to seek Supreme Court review.
Flood authority lawyers have argued that the flood board has the right to seek compensation for levee damage under the federal Rivers and Harbors Act. They also argued that federal judges should not have allowed the case to be moved to federal court from the state court where it originally was filed.
Meanwhile, some coastal parishes are pursuing coastal damage suits in state courts on different legal grounds. Gov. John Bel Edwards, a Democrat, has urged the energy companies to work toward a settlement. Industry leaders have resisted, saying the suits are meritless.
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Relatives of Slain US Troops Describe Loss to Jordan Court
Court Watch |
2017/07/10 12:00
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Relatives of two of the three U.S. military trainers shot dead at the gate of a Jordanian air base last year have described the pain of their loss to a military court trying the alleged killer.
The family members attended a court hearing in Jordan's capital Monday and will remain until the verdict, expected next week.
A Jordanian soldier charged with murder in the shootings faces life in prison if convicted.
The soldier, who allegedly opened deadly fire on U.S. troops at the gate, has pleaded "not guilty." The judge has said he has no ties to terrorist groups.
The defense attorney said his client fired because he feared the base was under attack The prosecutor said the defendant acted with intent, having fired dozens of rounds over several minutes.
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Appeals court backs Jimmy John's franchisee in labor dispute
Court Watch |
2017/07/04 12:01
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A company that owns 10 Jimmy John's sandwich shops in the Twin Cities was within its rights to fire six union workers who circulated posters critical of the company's sick-leave policy, a federal appeals court ruled Monday.
The full 8th U.S. Circuit Court of Appeals reversed a three-judge appeals panel, which had affirmed a National Labor Relations Board ruling in favor of the workers, who were part of a unionization drive by the Industrial Workers of the World at shops owned by MikLin Enterprises.
The full appeals court concluded that the poster attack was "so disloyal" that it wasn't protected by federal labor law.
The posters were timed to the flu season in early 2011. They protested the company's policy against workers calling in sick without finding replacements to take their shifts, and accused the company of putting the health of its customers at risk. The poster features two identical photos of Jimmy John's sandwiches but said one was made by a healthy worker and one was made by a sick worker.
"Can't tell the difference?" the poster read. "That's too bad because Jimmy John's workers don't get paid sick days. Shoot, we can't even call in sick. We hope your immune system is ready because you're about to take the sandwich test."
The poster and a press release were distributed to more than 100 local and national news organizations, and the IWW threatened wider distribution if its demands were not met.
The NLRB concluded that MikLin violated protections for employee communications to the public that are part of an ongoing labor dispute. The three-judge appeals panel agreed. But the full appeals court said the board misapplied a controlling precedent set in a 1953 U.S. Supreme Court case that permits firings for disloyalty when the quality of a company's product is attacked, as opposed to communications targeting the employer's labor practices. |
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Mississippi man takes Confederate flag fight to high court
Court Watch |
2017/06/29 09:15
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A black Mississippi citizen is taking his case against the state's Confederate-themed flag to the U.S. Supreme Court.
In papers filed Wednesday, attorneys for Carlos Moore said lower courts were wrong to reject his argument that the flag is a symbol of white supremacy that harms him and his young daughter by violating the Constitution's guarantee of equal protection to all citizens.
His attorneys wrote that under the 5th U.S. Circuit Court of Appeals' ruling against Moore, "a city could adopt 'White Supremacy Forever' as its official motto; or a county could incorporate an image of white hooded figures and a noose hanging from a tree into its county seal; or a state could incorporate a Nazi swastika, as an endorsement of Aryan/white supremacy, in its state flag."
Mississippi's is the last state flag to feature the Confederate battle emblem. Critics say the symbol is racist. Supporters say it represents history.
Mississippi has used the flag since 1894, displaying its red field and tilted blue cross dotted with 13 white stars in the upper left corner. Voters kept it in a 2001 election.
However, several cities and towns and all eight of the state's public universities have stopped flying the flag amid concerns that it is offensive in a state where 38 percent of the population is black. Many took action after the June 2015 massacre of nine black worshippers at a church in Charleston, South Carolina, by an avowed white supremacist who posed with the Confederate battle flag in photos posted online.
The fresh scrutiny has extended to other Old South symbols on public display; New Orleans recently removed statues of Confederate officers and a monument to white supremacy, and other cities are considering similar demotions.
The lawsuit Moore filed in February 2016 says the Mississippi flag is "state-sanctioned hate speech," and seeks to have it declared an unconstitutional relic of slavery.
U.S. District Judge Carlton Reeves dismissed it in September without ruling on the merits, saying Moore lacked legal standing to sue because he failed to show the emblem caused an identifiable legal injury. |
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