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Wisconsin Supreme Court disallows absentee ballot drop boxes
Court Watch |
2022/07/06 09:53
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Wisconsin’s conservative-controlled Supreme Court ruled Friday that absentee ballot drop boxes may be placed only in election offices and that no one other than the voter can return a ballot in person, dealing a defeat to Democrats who said the decision would make it harder to vote in the battleground state.
However, the court didn’t address whether anyone other than the voter can return his or her own ballot by mail. That means that anyone could still collect multiple ballots for voters and, instead of using a drop box, put them in the mail.
Republicans have argued that practice, known as ballot harvesting, is ripe with fraud although there has been no evidence of that happening in Wisconsin. Democrats and others argue that many voters, particularly the elderly and disabled, have difficulty returning their ballots without the assistance of others.
Supporters argue drop boxes are a better option than mailing ballots because they go directly to the clerks and can’t be lost or delayed in transit.
The decision sets absentee ballot rules for the Aug. 9 primary and the fall election; Republican U.S. Sen. Ron Johnson and Democratic Gov. Tony Evers are seeking reelection in key races.
Johnson and other Republicans hailed it as a win for voter integrity.
“This decision is a big step in the right direction,” Johnson said.
Evers and other Democrats said the ruling will make it more difficult for people to vote.
“It’s a slap in the face of democracy itself,” said Democratic Party Chairman Ben Wikler.
The court’s 4-3 ruling also has critical implications in the 2024 presidential race, in which Wisconsin will again be among a handful of battleground states. President Joe Biden defeated Donald Trump in 2020 by just under 21,000 votes, four years after Trump narrowly won the state by a similar margin.
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Kansas Supreme Court upholds Republican congressional map
Court Watch |
2022/05/18 12:37
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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
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Wisconsin Supreme Court adopts GOP-drawn legislative maps
Court Watch |
2022/04/13 14:03
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The Wisconsin Supreme Court on Friday adopted Republican-drawn maps for the state Legislature, handing the GOP a victory just weeks after initially approving maps drawn by Democratic Gov. Tony Evers.
The court reversed itself after the U.S. Supreme Court in March said Evers’ maps were incorrectly adopted, and came just as candidates were about to begin circulating nominating papers to appear on this year’s ballot without being sure of district boundaries.
Democrats would have made some marginal gains under Evers’ plan, but Republicans were projected to maintain their majorities in the Assembly and Senate, according to an analysis from the governor’s office.
Evers’ map created seven majority-Black state Assembly districts in Milwaukee, up from the current six. The map from the Republican-controlled Legislature had just five. The Wisconsin Supreme Court had adopted Evers’ map on March 3, but the U.S. Supreme Court overturned it on March 23. The high court ruled that Evers’ map failed to consider whether a “race-neutral alternative that did not add a seventh majority-black district would deny black voters equal political opportunity.”
Evers told the state Supreme Court it could still adopt his map with some additional analysis, or an alternative with six majority-Black districts. The Republican-controlled Legislature argued that its map should be implemented.
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Mexico high court OKs preference for state power plants
Court Watch |
2022/04/04 14:57
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Mexico’s Supreme Court deemed constitutional Thursday a controversial energy law pushed by President Andrés Manuel López Obrador that gives government-owned power plants preference over private competitors.
The law took effect in March 2021, but a number of private energy companies sought injunctions blocking enforcement. With the law ruled constitutional, the injunctions will now have to be resolved.
The law establishes that electricity must be bought first from government power plants, which use primarily coal, oil and diesel to produce energy. If demand requires it, additional electricity could be purchased from private wind, solar and natural gas plants.
Jesús Ramírez, presidential spokesman, celebrated the court’s decision. “History will judge those who betray the country and the interests of Mexican people,” he said via Twitter.
Critics, including the United States government, maintain the law will undermine competition in the sector, hurt the environment and violate free trade agreements.
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Anchorage wins lawsuit over failed port construction
Court Watch |
2021/12/17 15:13
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Anchorage has won its lawsuit with a federal agency over failed construction at the state’s largest port.
U.S. Court of Federal Claims Judge Edward J. Damich on Thursday found the U.S. Maritime Administration breached its 2003 and 2011 agreements with the Municipality of Anchorage over construction at the Port of Anchorage, KTUU-TV reported. The facility has since been renamed the Port of Alaska.
“It’s an enormous vindication of what we’ve been saying all along, and that’s basically that the federal government had control of this project and they didn’t perform — they messed it up,” assistant municipal attorney Robert Owens said.
In 2014, Anchorage filed a lawsuit against the maritime administration for more than $300 million over failed construction in the effort to replace deteriorating facilities and upgrade port infrastructure to meet increasing demands.
A nine-day trial was held last spring, at which the municipality argued the government’s 2003 and 2011 agreements required the agency to provide technical expertise to oversee, design and construct the expansion project “free of defect,” the court documents show.
The government countered that Anchorage was the party responsible for managing and executing the project, and the maritime administration didn’t breach any duties.
The judge sided with Anchorage, saying the federal agency failed to enforce its contractual duties or administer funds properly.
The amount of damages have not been awarded yet. Both sides have 10 days to submit arguments for what they believe the monetary award should be.
Anchorage Mayor Dave Bronson called the verdict a victory for Alaska.
“The Port of Alaska is a vital piece of infrastructure for all Alaskans, with roughly 90% of our population touched by goods that come through the Port,” Bronson said in a statement.
The municipality is working with the state and federal government to secure nearly $1.6 billion to repair the port, Bronson said.
An email sent Friday to the U.S. Maritime Administration seeking comment was not immediately returned.
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Court won’t stop Texas abortion ban, but lets clinics sue
Court Watch |
2021/12/10 13:06
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The Supreme Court on Friday left in place Texas’ ban on most abortions, offering only a glimmer of daylight for clinics in the state to challenge the nation’s most restrictive abortion law.
The decision, little more than a week after the court signaled it would roll back abortion rights and possibly overturn its landmark Roe v. Wade decision, was greeted with dismay by abortion rights supporters but praise by opponents.
Five conservative justices, including three appointed by former President Donald Trump, formed a majority to limit who can be sued by the clinics, a result that both sides said probably will prevent federal courts from effectively blocking the law.
Texas licensing officials may be sued, but not state court judges, court clerks or state Attorney General Ken Paxton, the court ruled. That seems to leave people free, under the unusual structure of the Texas law, to sue abortion clinics and anyone else who “aids or abets” an abortion performed after cardiac activity is detected in an embryo, around six weeks and before some women know they’re pregnant.
“The Supreme Court has essentially greenlit Texas’s cynical scheme and prevented federal courts from blocking an unconstitutional law,” the Center for Reproductive Rights, which represents the Texas clinics, said on Twitter.
The court acted more than a month after hearing arguments over the law, which makes no exceptions for rape or incest.
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