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Court puts on hold Graham’s testimony in Ga. election probe
Court and Trial |
2022/08/18 15:24
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A federal appeals court on Sunday agreed to temporarily put on hold a lower court’s order requiring that U.S. Sen. Lindsey Graham testify before a special grand jury that’s investigating possible illegal efforts to overturn then-President Donald Trump’s 2020 election loss in Georgia.
A subpoena had instructed the South Carolina Republican to appear before the special grand jury on Tuesday.
U.S. District Judge Leigh Martin May last Monday denied Graham’s request to quash his subpoena and on Friday rejected his effort to put her decision on hold while he appealed. Graham’s lawyers then appealed to the 11th U.S. Circuit Court of Appeals.
On Sunday, a three-judge panel of the appeals court issued the order temporarily pausing May’s order declining to quash the subpoena. The panel sent the case back to May to decide whether the subpoena should be partially quashed or modified because of protections granted to members of Congress by the U.S. Constitution.
Once May decides that issue, the case will return to the 11th Circuit for further consideration, according to the appeals court order.
Graham’s representatives did not immediately respond Sunday to messages seeking comment on the appellate ruling. A spokesperson for Fulton County District Attorney Fani Willis declined to comment.
Willis opened the investigation early last year, prompted by a Jan. 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger. During that conversation, Trump suggested Raffensperger could “find” the votes needed to overturn his narrow loss in the state.
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Louisiana Supreme Court’s chief justice reelected
Court and Trial |
2022/07/25 12:04
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The chief justice of the Louisiana Supreme Court has won re-election to another 10-year term.
Chief Justice John Weimer was automatically reelected when nobody signed up to challenge him by Friday’s qualifying deadline for the Nov. 8 ballot, The Advocate reported.
Weimer, 67, a former professor at Nicholls State University, first won election to the state’s high court in 2001. He won reelection in 2002 and 2012. In the latter race, he ran unopposed and returned campaign checks to contributors to his campaign.
On Wednesday, he was one of the first candidates to pay the qualifying fees and file the paperwork for the fall election. Weimer’s current term ends Dec. 31.
U.S. District Judge John deGravelles of Baton Rouge lifted a stay July 13 that had blocked the November election for the state Supreme Court’s 6th District, which Weimer represents. The stay arose out of a lawsuit filed in 2019 by the NAACP.
The lawsuit contends that two of the seven Supreme Court districts should have a Black majority in a state where about one-third of the state’s residents are African American. Only one Supreme Court district currently has a Black majority, the one represented by Justice Piper Griffin in New Orleans.
The 6th District, with about 600,000 residents, consists of 12 coastal parishes: Assumption, Iberia, Lafourche, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin, St. Mary, Terrebonne, and a portion of the west bank of Jefferson.
The federal court had stopped all Supreme Court races in May. Only Weimer was up for reelection this year. Justices run in staggered terms every two years. The next justice is not on the ballot until 2024.
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Wisconsin Supreme Court disallows absentee ballot drop boxes
Court and Trial |
2022/07/06 10:06
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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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Wisconsin Supreme Court says COVID records can be released
Court and Trial |
2022/06/07 15:56
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A divided Wisconsin Supreme Court on Tuesday said the state health department can release data on coronavirus outbreak cases, information sought two years ago near the beginning of the pandemic.
The court ruled 4-3 against Wisconsin Manufacturers & Commerce, the state’s largest business lobbying group, which had wanted to block release of the records requested in June 2020 by the Milwaukee Journal Sentinel and other news outlets.
The state health department in the early months of the pandemic in 2020 had planned to release the names of more than 1,000 businesses with more than 25 employees where at least two workers have tested positive for COVID-19.
Wisconsin Manufacturers & Commerce, along with the Muskego Area Chamber of Commerce and the New Berlin Chamber of Commerce, sued to block the release of the records, saying it would “irreparably harm” the reputations of their members. It argued that the information being sought is derived from diagnostic test results and the records of contact tracers, and that such information constitutes private medical records that can’t be released without the consent of each individual.
Attorneys for the state argued that the information contained aggregate numbers only, not personal information, and could be released. A Waukesha County circuit judge sided with the business group and blocked release of the records. A state appeals court in 2021 reversed the lower court’s ruling and ordered the case dismissed, saying WMC failed to show a justifiable reason for concealing the records.
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Supreme Court Notebook: Roberts pays tribute to Breyer
Court and Trial |
2022/04/27 17:18
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The fertile mind of Justice Stephen Breyer has conjured a stream of hypothetical questions through the years that have, in the words of a colleague, “befuddled” lawyers and justices alike.
Breyer, 83, seemed a bit subdued as he sat through the last of more than 2,000 arguments Wednesday in which he has taken part during 28 years on the high court. His wife, Joanna, also was in the courtroom.
But at the end of the case about Oklahoma’s authority to prosecute people accused of crimes on Native American lands, an emotional Chief Justice John Roberts paid tribute to Breyer for his prowess during arguments.
“For 28 years, this has been his arena for remarks profound and moving, questions challenging and insightful, and hypotheticals downright silly,” Roberts said.
A day earlier, Breyer provided only the most recent example, inventing a prison inmate named John the Tigerman in a case involving transporting an inmate for a medical test. Breyer called him “the most dangerous prisoner they have ever discovered.”
Just since Breyer announced in late January that he was retiring, he has asked lawyers to answer questions involving spiders, muskrats and “4-foot-long cigars smoked through hookahs” — none of which, it’s fair to say, had any actual links to the cases at hand.
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