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Court in Va. to hear US health care law challenges
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2011/05/10 08:18
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div class=entrydiv class=articlePresident Barack Obama's health care overhaul will get its first oral arguments in federal appeals court Tuesday when a three-judge panel hears two Virginia cases — one that upheld the law and another that struck down its key provision.
Nine lawsuits challenging the law are pending on appeal, but the Virginia cases before the 4th U.S. Circuit Court of Appeals are the first to reach the oral argument stage. Thirteen cases have been dismissed with no appeal filed, and nine are pending in district courts, according to federal officials.
In the most prominent of the two Virginia cases, U.S. District Judge Henry E. Hudson struck down the health care law's key provision: a requirement that individuals buy health insurance or pay a penalty starting in 2014. Thirty-one lawsuits challenging the law have been filed nationally, and Hudson — a 2002 appointee of President George W. Bush — was the first judge to strike down any of its provisions. Hudson left the rest of the law intact.
An individual's personal decision to purchase — or decline to purchase — health insurance from a private provider is beyond the historical reach of the Commerce Clause, Hudson wrote in the Dec. 13 opinion, which the U.S. Justice Department promptly appealed.
U.S. District Judge Norman K. Moon in Lynchburg reached the opposite conclusion in a lawsuit filed by Liberty University, the conservative Christian school founded by the Rev. Jerry Falwell. Two weeks before Hudson's ruling, the 1997 appointee of President Bill Clinton ruled that the mandate is a proper exercise of congressional authority under the Commerce Clause.
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Pa. lawmaker faces hearing on gun-related charge
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2011/05/10 08:18
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div class=entrydiv class=articlepA Berks County judge says a Pennsylvania state senator who allegedly displayed a handgun while driving on Interstate 78 is guilty of a summary charge of disorderly conduct./ppDistrict Andrea Book convicted Sen. Bob Mensch after a hearing that lasted more than two hours./ppMensch faces a maximum $300 fine and 90 days in jail, but the prosecutor says he will not recommend jail time./ppMensch, a Montgomery County Republican, denied displaying any weapon even though state troopers who stopped him after the March 9 incident found two handguns in his vehicle. Mensch, who has a permit to carry the weapons, said the other motorist was harassing him/ppThe other motorist, Brian Salisbury of Easton, called 911 after he says Mensch displayed the gun in the palm of his hand./p/div
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Judge dismisses EA from NCAA antitrust lawsuit
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2011/05/09 09:00
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A federal judge has dismissed video game maker Electronic Arts Inc. from a high-profile antitrust lawsuit challenging the NCAA's long-standing prohibition against paying student athletes for their performance.
But U.S. District Judge Claudia Wilken on Monday refused to drop the bulk of the case, which accuses the NCAA and its marketing company of operating an illegal sports marketing monopoly. Led by former UCLA basketball standout Ed O'Bannon, former athletes allege they are forced to forever sign away their commercial rights to play collegiate sports.
The judge refused to dismiss the NCAA and Collegiate Licensing Co. from the lawsuit that seeks to become a class action representing thousands of former football and basketball players who say the NCAA illegally controls their images forever without compensation.
The NCAA responds that players are free to make commercial deals after they leave college. NCAA policy prohibits players from receiving compensation while they are playing.
The judge said there is enough evidence to continue the litigation. But she said Monday that there was no evidence that Redwood City-based EA conspired with the NCAA to deny the players compensation and she dismissed the company from the lawsuit.
The O'Bannon case and another led by former Nebraska quarterback Sam Keller are being closely watched because of their potential to dramatically reshape the commercial relationship between the NCAA and its athletes. Keller's lawsuit also alleges that the NCAA is unfairly depriving athletes of their share of revenues generated by their performances. But Keller's lawsuit makes different legal arguments, claiming the NCAA is violating the players' commercial rights when it refuses to cut them in on marketing deals using their images. The Keller lawsuit also names EA as a defendant. |
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Court puts Carl Lewis back on NJ primary ballot
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2011/05/06 08:33
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Track and field legend Carl Lewis finally found a court willing to help him get into the race for the New Jersey state Senate — but there's a chance his run will be fleeting.
A three-judge panel of the Philadelphia-based U.S. 3rd Circuit Court of Appeals ruled Thursday that Lewis' name should be included when the ballots are printed for the 8th Legislative District Democratic state Senate primary. While the three-judge panel granted that emergency request, it didn't make a final ruling on whether he's eligible for office.
Lewis' lawyer, William Tambussi, said that under the ruling, the voters, not a partisan elected official, will decide who should be the state senator in the 8th Legislative District.
Republicans contend that Lewis does not meet the state requirement that a candidate live in New Jersey for four years before seeking a seat in the state Senate.
Lewis, 49, grew up in Willingboro before becoming one of track's biggest stars and a nine-time Olympic gold medalist. He bought a home in New Jersey in 2005 and has been assisting with the track team at Willingboro High School since 2007. He went to college in Texas, and he has a home in Pacific Palisades, Calif., and a business in Los Angeles. He registered to vote in New Jersey only last month, just before he announced his candidacy. |
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NH Senate rejects changes to anti-bullying law
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2011/05/03 08:32
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New Hampshire's Senate has voted unanimously to reject changes to the state's anti-bullying law, such as limiting school responsibility in dealing with off-campus incidents.
Senators said Wednesday that the current law is only months old and needs further study before any changes are made.
The current law was amended last year for the electronic age. It defines bullying and cyberbullying and allows schools to step in if the conduct happens outside of school and interferes with a student's education or substantially disrupts school operations.
Many states have been moving in this direction, but some New Hampshire lawmakers wanted to restrict the boundaries to school grounds.
The House passed a bill in March that would remove that provision and make other changes. The Senate's rejection leaves the measure's future in doubt. |
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Firm hired by GOP ends work on gay marriage ban
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2011/05/02 09:00
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A prominent law firm hired by Republican lawmakers to defend the federal ban on gay marriage said Monday it was withdrawing from the case amid criticism by advocacy groups, prompting the partner leading the work to quit.
The move by Atlanta-based King amp; Spalding is the latest flashpoint in the public debate over gay rights. Chairman Robert Hays Jr. said the firm chose to divorce itself from the controversy after determining that the decision to take the case wasn't vetted properly, but gay rights groups had also been pressuring the 800-lawyer company with plans for a protest Tuesday in Atlanta and with calls to its other clients. The groups cheered the move.
The decision, however, was sharply criticized by conservative groups, legal observers and the partner who had been handling the case, a former high-ranking Justice Department official under President George W. Bush. Washington-based attorney Paul Clement said he's moving to another law office so he can continue the work.
Clement had been retained by House Republican leaders after President Barack Obama ordered the Justice Department in February to stop defending the Defense of Marriage Act. His administration said it believes the 1996 law, which defines marriage as only between a man and a woman, was unconstitutional. |
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