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High court nominee praises lawyers for helping the poor
Lawyer News |
2016/04/23 15:47
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Supreme Court nominee Merrick Garland praised lawyers for their work with low-income Washingtonians Thursday in his first public remarks since his nomination last month.
Garland was on familiar turf, speaking at the federal courthouse in Washington, where he is chief judge of the appeals court.
Giving people living in poverty access to the courts is critical for society, Garland said. "Without equal justice under law," Garland said, using the phrase engraved above the entrance to the Supreme Court, "faith in the rule of the law, the foundation of our civil society, is at risk."
Garland's nomination is stalled in the Senate, where GOP leaders say the next president should choose the replacement for the late Justice Antonin Scalia. He has met with roughly 40 senators so far, with no sign that Republicans will allow hearings on his nomination, much less a vote.
At those meetings, Garland has typically said nothing for public consumption.
His appearance Thursday was part of the White House's effort to familiarize the country with the nominee by having him speak on a noncontroversial topic, free legal assistance for the poor.
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Cosby asks court to reseal testimony about affairs, drugs
Lawyer News |
2016/04/13 00:57
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Bill Cosby's lawyers urged an appeals court Wednesday to reseal the comedian's lurid, decade-old testimony about his womanizing, but the panel of judges seemed to think the request was pointless, since the deposition has already made headlines around the world.
Members of the three-judge panel of the 3rd U.S. Circuit of Appeals reeled off a list of "the toothpaste's out of the tube"-type metaphors to suggest that any damage to Cosby's reputation from the release of the testimony has already been done.
Cosby's attorneys hope a ruling in their favor could help them keep the documents from being used in the criminal case against him in Pennsylvania and in the many lawsuits filed around the country by women who accuse him of sexual assault or defamation.
But the judges questioned that strategy, too.
The other courts "don't have to necessarily follow us. We can't control them," Circuit Judge Thomas L. Ambro said.
Cosby gave the testimony in 2005 as part of a lawsuit brought against him by Andrea Constand, a Temple University employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and sensitive documents in the file remained sealed.
In the nearly 1,000-page deposition, the comic known as "America's Dad" admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.
The documents were released last year on a request by The Associated Press. U.S. District Judge Eduardo Robreno found the public had a right to Cosby's testimony because of his role as a self-appointed "public moralist" and because he had denied accusations he drugged and molested women.
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Appeals court rules Mississippi can resume Google inquiry
Lawyer News |
2016/04/12 00:57
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Mississippi's attorney general can resume an investigation into whether Google facilitates illegal behavior, an appeals court ruled.
The 5th U.S. Circuit Court of Appeals on Friday overturned a district judge who had sided with Google. U.S. District Judge Henry T. Wingate ruled last year that the unit of Alphabet Inc. didn't have to answer a subpoena by Mississippi Attorney General Jim Hood.
Hood began complaining in 2012 that Google wasn't doing enough to prevent people from breaking the law. In October 2014, he sent a 79-page subpoena demanding Google produce information about a wide range of subjects, including whether Google helps criminals by allowing its search engine to lead to pirated music, having its autocomplete function suggest illegal activities and sharing YouTube ad revenue with the makers of videos promoting illegal drug sales. Instead of complying, Google sued.
The appeals court also dissolved the lower judge's injunction that had barred Hood from bringing any civil or criminal lawsuits against the Mountain View, California-based company, saying that a mere subpoena wasn't enough to rule that Hood was acting in bad faith.
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Mississippi court upholds Democratic primary ballot change
Lawyer News |
2016/02/26 11:08
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The Mississippi Supreme Court upheld its ruling Friday that another candidate must be added to the March 8 Democratic presidential primary ballot.
The court, in a 6-3 ruling, said Secretary of State Delbert Hosemann doesn’t have to reissue already-sent absentee ballots to include Chicago businessman Willie Wilson’s name.
The ruling rejected Hosemann’s request that the court overturn its Thursday ruling, or at least allow him to resend absentee ballots including Wilson to roughly 200 military and other voters outside the country, so they would get the same ballot as voters at the polls. Absentee voting started Jan. 23 for those voters.
Hosemann said about 7,000 absentee ballots have also been sent to people in Mississippi.
“I am diametrically opposed to having different ballots,” Hosemann said.
Most counties vote electronically, but some use paper ballots that must be reprinted, and Hosemann’s office told the court changes would cost hundreds of thousands of dollars.
More than 7,000 voting machines have already been tested with a previously set ballot that lists five candidates in the Democratic presidential primary: Hillary Clinton, Roque “Rocky” De La Fuente, Martin O’Malley and Bernie Sanders. The ballot was prepared before O’Malley dropped out.
Mississippi law says the secretary of state puts nationally recognized presidential candidates on the Democratic and Republican primary ballots. Other presidential candidates can get on the ballot by submitting a petition with at least 500 signatures. |
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Plagued by delays, California high-speed rail heads back to court
Lawyer News |
2016/02/06 13:44
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California voters embraced the idea of building the nation's first real high-speed rail system, which promised to whisk travelers from San Francisco to Los Angeles in under three hours, a trip that can take six hours or more by car. Eight years after they approved funding for it, construction is years behind schedule and legal, financial and logistical delays plague the $68 billion project.
The bullet train's timeline, funding and speed estimates are back in the spotlight for a longstanding lawsuit filed by residents whose property lies in its path.
In the second phase of a court challenge filed in 2011, attorneys for a group of Central Valley farmers will argue in Sacramento County Superior Court on Thursday that the state can't keep the promises it made to voters in 2008 about the travel times and system cost. Voters authorized selling $9.9 billion in bonds for a project that was supposed to cost $40 billion.
In recent months, rail officials have touted construction of a viaduct in Madera County, the first visible sign of construction. Though officials have been working for years to acquire the thousands of parcels of land required for the project, they currently have just 63 percent of the parcels needed for the first 29 miles in the Central Valley. |
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Court upholds government's energy conservation program
Lawyer News |
2016/01/20 13:45
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The Supreme Court has upheld a 4-year-old federal program that pays large electric customers to save energy during times of peak demand.
The justices ruled 6-2 on Monday that the Federal Energy Regulatory Commission had the authority to issue directives aimed at conserving energy and preventing blackouts.
The ruling is a win for the Obama administration, environmental groups and other supporters who said the plan saved billions in energy costs, improved reliability of the power grid and reduced air pollution since it was put in place in 2011. Utility companies challenging the rule argued it was too generous and trampled state rights over retail electricity sales.
A federal appeals court ruled 2-1 last year that the plan intrudes on state power over retail electricity sales. |
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