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Wisconsin Supreme Court agrees to hear voter purge case
Court and Trial |
2020/06/02 09:12
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The Wisconsin Supreme Court on Monday agreed to hear a case seeking to purge about 129,000 voter registrations from the rolls ahead of the November presidential election after previously deadlocking on whether to get involved.
Democrats oppose the voter purge, arguing it is intended to make it more difficult for their voters to cast ballots. Conservatives who brought the lawsuit argue that the integrity of the vote is at stake, saying that when records indicate voters may have moved, their registrations should be deactivated.
The case is closely watched in battleground Wisconsin, a state President Donald Trump won by fewer than 23,000 votes in 2016. Winning Wisconsin is a key part of the strategy for both Trump and presumptive Democratic nominee Joe Biden.
he voter purge case was brought on behalf of three voters by the Wisconsin Institute for Law and Liberty, a conservative law firm. It won in Ozaukee County, with a judge ordering in January that the purge take place immediately. The Supreme Court deadlocked then when asked to immediately take the case. In February, a state appeals court reversed the lower court’s ruling, stopped the purge and dismissed the case.
That set up the latest request made in March for the Supreme Court to hear the case, which it agreed to do on Monday. It is likely to hear arguments this summer or early fall and could issue a ruling before the November election.
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Court upholds ban on in-person church services in California
Court and Trial |
2020/05/24 12:33
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An appeals court has upheld California Gov. Gavin Newsom’s ban on in-person church services amid the coronavirus pandemic, in a split ruling that found that government’s emergency powers override what in normal times would be fundamental constitutional rights.
The 9th Circuit Court of Appeals ruled Friday that the South Bay United Pentecostal Church in San Diego cannot reopen immediately, the Los Angeles Times reported. In this case “constitutional standards that would normally govern our review of a Free Exercise claim should not be applied,” the two judges in the majority wrote in their order.
“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a ‘(c)ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact,’” they wrote.
The decision is likely to further anger opponents who claim that California’s rules to stop the spread of the virus violate religious freedoms.
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Louisiana Senate targets lawyer ads promising big payouts
Court and Trial |
2020/05/17 13:45
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A proposal striking at the proliferation of TV, radio and billboard ads blanketing Louisiana is headed to the state House for debate after winning support from senators Thursday.
Sen. Heather Cloud’s bill would declare as false or misleading those lawyer ads in which a person claims to have received the full amount of a settlement or judgment. Instead, the ads would have to disclose how much was deducted for attorney fees, expert witness fees, court costs and any other expenses related to the litigation.
Advertisements deemed to be deceptive could be prosecuted as an unfair trade practice violation.
Cloud, a Republican from Turkey Creek, said lawyers are making false promises of big payouts, encouraging people to file lawsuits against businesses. But she said people who file the lawsuits only get a small slice of the money from the judgments and settlements in most instances. |
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Supreme Court appears likely to reject Trump immunity claim
Court and Trial |
2020/05/13 13:41
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The Supreme Court on Tuesday appeared likely to reject President Donald Trump’s claim that he is immune from criminal investigation while in office. But the court seemed less clear about exactly how to handle subpoenas from Congress and the Manhattan district attorney for Trump’s tax, bank and financial records.
The court’s major clash over presidential accountability could affect the 2020 presidential campaign, especially if a high court ruling leads to the release of personal financial information before Election Day.
The justices heard arguments in two cases by telephone Tuesday that stretched into the early afternoon. The court, which includes six justices age 65 or older, has been meeting by phone because of the coronavirus pandemic.
There was no apparent consensus about whether to ratify lower court rulings that the subpoenas to Trump’s accountant and banks are valid and should be enforced. The justices will meet by phone before the end of the week to take a preliminary vote on how those cases should come out, and decisions are expected by early summer.
On the same day Trump’s lawyers were telling the court that the subpoenas would be a distraction that no president can afford, Trump found the time to weigh in on a long string of unrelated issues on Twitter, about Elon Musk reopening Tesla’s California plant in defiance of local authorities, the credit he deserves for governors’ strong approval ratings for their handling of the virus outbreak, the anger Asian Americans feel “at what China has done to our Country,” oil prices, interest rates, his likely opponent in the November election and his critics.
The justices sounded particularly concerned in arguments over congressional subpoenas about whether a ruling validating the subpoenas would open the door to harassing future presidents.
“In your view, there is really no protection against the use of congressional subpoenas for the purpose of preventing the harassment of a president,” Justice Samuel Alito said to Douglas Letter, the lawyer for the House of Representatives.
Justice Stephen Breyer said he worried about a “future Sen. McCarthy,” a reference to the Communist-baiting Wisconsin senator from the 1950s, with subpoena power against a future president.
But in the case involving Manhattan District Attorney Cyrus Vance Jr.’s subpoena for Trump’s taxes, the justices showed little interest in the broadest argument made by Jay Sekulow, Trump’s lawyer, that a president can’t be investigated while he holds office. |
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Called to order: Supreme Court holds 1st arguments by phone
Court and Trial |
2020/05/11 13:39
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They politely took turns speaking. Not a child, spouse or dog could be heard in the background. The conference call went long, but not by that much.
And with that, the Supreme Court made history Monday, hearing arguments by telephone and allowing the world to listen in live, both for the first time.
The arguments were essentially a high-profile phone discussion with the nine justices and two arguing lawyers. The session went remarkably smoothly, notable for a high court that prizes tradition and only reluctantly changes the way it operates.
The high court had initially postponed arguments in 20 cases scheduled for March and April because of the coronavirus pandemic. Courtroom sessions were seen as unsafe, especially with six justices aged 65 or older and at risk of getting seriously sick from the virus. But the justices ultimately decided to hear 10 cases by phone over six days this month.
The court chose a somewhat obscure case about whether the travel website Booking.com can trademark its name for its first foray into remote arguments. The more high-profile arguments come next week.
Monday’s groundbreaking session began at the usual time of 10 a.m. EDT, when Marshal Pamela Talkin called the court to order and Chief Justice John Roberts announced the case.
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