|
|
|
High court ruling could reshape Virginia political map
Lawyer World News |
2017/03/02 16:59
|
A U.S. Supreme Court decision reviving a challenge to several Virginia legislative districts could send lawmakers back to the drawing board, but Republicans say they are confident the state's current electoral map will withstand further scrutiny.
The justices on Wednesday tossed out a ruling that upheld 11 districts in which African-Americans made up at least 55 percent of eligible voters and ordered the lower court to re-examine the boundaries. The lawsuit accused lawmakers of illegally packing black voters into certain districts to make surrounding districts whiter and more Republican.
Democrats say they're certain the lower court will find the districts unconstitutional and force lawmakers to redraw them. Marc Elias, an attorney for the Virginia voters who brought the case, said they will push for that to happen before the November elections.
"It's important that the people of the Commonwealth don't have to have another election using unconstitutional district lines, and we will move forward as quickly as possible to make sure we have constitutional and fair lines in place for the 2017 elections," Elias said.
The top Republican in the Virginia House, however, said he's confident that the current boundaries will stand.
|
|
|
|
|
|
|
Supreme Court Hears Case on Fatal Border Shooting
Lawyer World News |
2017/02/24 13:41
|
How a U.S. Border Patrol argent’s use of lethal force at the U.S-Mexican border implicates constitutional rights and foreign affairs dominated arguments at the U.S. Supreme Court on Tuesday in Hernandez v. Mesa. The lawyer arguing that the agent should be held liable had a rough day in front of the justices.
Both sides agree that while standing on American soil at the border on June 7, 2010, Border Patrol Agent Jesus Mesa fatally shot Sergio Hernandez, a 15-year-old Mexican national standing on the Mexican side. But then the factual accounts diverge.
According to Hernandez’s family, the teenager was playing with his friends near the border opposite El Paso, Texas, where the border runs through the middle of a concrete culvert. There is a fence on the U.S. side of the culvert.
According to Mesa and the federal government, Mesa was detaining one of Hernandez’s companions on the U.S. side of the border, when Hernandez and the other teenagers started throwing rocks at Hernandez. Mesa claims that the rocks posed a danger to his safety. He repeatedly ordered then to stop and back away, but they persisted. Finally Mesa fired in what he claims is self-defense, fatally striking Hernandez.
Hernandez’s family sued, and Mesa filed a motion to dismiss. Under the Federal Rules of Civil Procedure, when considering a motion to dismiss, a federal court must consider the plaintiff’s allegations as true when deciding whether to throw out the lawsuit versus letting it continue. The parties later present evidence to prove their version of the facts if the lawsuit goes forward, but when deciding whether to end the case before it gets started, judges must consider only plaintiff’s version.
|
|
|
|
|
|
|
Court: Florida Docs Allowed to Ask Patients About Guns
Lawyer World News |
2017/02/22 13:42
|
A federal appeals court has cleared the way for Florida doctors to talk with patients about whether they own guns.
The 11th U.S. Circuit Court of Appeals ruled Thursday that key provisions of a 2011 law that restricted such speech violate the First Amendment.
Three-judge panels of the same court had issued conflicting rulings in a long-running challenge to the law brought by 11,000 medical providers and others. The case has become known as Docs vs. Glocks.
Backed by Gov. Rick Scott, the law prohibited doctors from asking patients about gun ownership unless it was medically necessary. Doctors say asking about guns is a safety issue and could save lives.
While ruling that much of the law violates free-speech rights, the court said some parts could remain in place.
|
|
|
|
|
|
|
UK court says income threshold for foreign spouses is lawful
Lawyer World News |
2017/02/18 13:43
|
Britain's Supreme Court says the government is entitled to set a minimum-income threshold for people wanting to bring foreign spouses to the country, a measure introduced to ensure immigrants won't draw on public welfare funds.
But the court says the way the rules have been implemented is unlawful.
Since 2012, Britons who want to bring spouses from outside the European Union to the U.K. must earn at least 18,600 pounds ($23,000) a year.
Several people who were rejected under the rules took the government to court, arguing the law breached their right to a family life.
The judges ruled Wednesday that the income requirement was lawful but had been implemented in a "defective" way.
They said authorities must consider the welfare of children and whether applicants have other funding sources.
|
|
|
|
|
|
|
Competing bills target, affirm high court water decision
Lawyer World News |
2017/01/27 19:15
|
Some lawmakers are taking aim at a recent Washington Supreme Court decision that put the onus on counties to determine whether water is legally available in certain rural areas before they issue building permits.
One bill sponsored by Sen. Judy Warnick, R-Moses Lake, amends parts of the state law at the heart of the ruling, known as the Hirst decision. County officials, builders, business and farm groups are among supporting the measure, while environmental groups and tribes oppose it.
A competing bill sponsored by Sen. John McCoy, D-Tulalip, supports the court decision and sets up a program to help counties find ways to meet the requirements.
In October, the high court ruled that Whatcom County failed to protect water resources by allowing new wells to reduce flow in streams for fish and other uses. The court said counties must ensure, independently of the state, that water is physically and legally available before they issue building permits in certain areas.
In the wake of the ruling, some counties have temporarily halted certain rural development, while others changed criteria for obtaining a building permit.
At issue is a struggle to balance competing needs of people and wildlife for limited water, a challenge that has played out across the state for years.
|
|
|
|
|
|
Legal News World RSS Feed
