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Supreme Court conservatives attack lame-duck arguments
Court Watch |
2019/05/15 08:43
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Conservative justices who control the Wisconsin Supreme Court attacked liberal groups' claims Wednesday that Republican legislators met illegally when they passed laws limiting Democratic Gov. Tony Evers' and Attorney General Josh Kaul's powers during a lame-duck session last year, saying the Legislature can decide when it wants to meet.
That lame-duck session led to multiple legal challenges, including one by a coalition of liberal groups led by the League of Women Voters.
The coalition contends that the lame-duck session was illegal because the Legislature convened the vote as a so-called extraordinary session. Such sessions are previously unscheduled floor votes initiated by majority party leaders. The coalition maintains that the Wisconsin Constitution allows lawmakers to convene only at times laid out in a resolution they pass at the beginning of every two-year period or at the governor's call.
Dane County Circuit Judge Richard Niess agreed in March and invalidated all the laws passed during the lame-duck session. Republican lawmakers asked the Supreme Court to overturn that ruling.
The justices held oral arguments in the case Wednesday morning. The Republicans' attorney, Misha Tseytlin, began the proceeding by arguing that the Legislature can convene whenever it wishes.
The coalition's attorney, Jeffrey Mandell, argued that state law doesn't provide for extraordinary sessions. Justice Rebecca Bradley immediately cut him off, saying the Legislature has been meeting in extraordinary sessions for 40 years and no one has ever argued they were illegal. Mandell responded that sometimes it takes a "catalyzing event" to trigger a challenge.
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Students in Colorado shooting face murder, other charges
Court News |
2019/05/12 08:45
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Two students suspected of opening fire at their school are charged with over a dozen counts of murder and attempted murder as well as theft and arson, prosecutors said Wednesday.
The charges came on the same day a memorial service was being held for the one student who was killed in the May 7 shooting at the STEM School Highlands Ranch on May 7. Wight students were injured.
The accused gunmen, 18-year-old Devon Erickson and 16-year-old Alec McKinney, were arrested at the school and investigators say they opened fire inside using handguns.
The charges were listed in electronic court records. It wasn't clear if McKinney was being charged as an adult.
The celebration of 18-year-old Kendrick Castillo's life will be held at Cherry Hills Community Church in Highlands Ranch. The senior was just days from graduating when he was fatally wounded.
Castillo along with classmates Brendan Bialy and Joshua Jones are credited with helping minimize the bloodshed by charging at one of the suspects in a classroom.
According to Bialy, Castillo sprang into action against the shooter "and immediately was on top of him with complete disregard for his own safety." Jones said he was shot twice in the leg during the ordeal. Bialy said he was able to take the attacker's weapon.
All the injured students have been released from hospitals. |
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Supreme Court allows consumers antitrust suit against Apple
Headline Legal News |
2019/05/09 08:48
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A divided Supreme Court ruled Monday that consumers can pursue an antitrust lawsuit that claims Apple has unfairly monopolized the market for the sale of iPhone apps.
New Justice Brett Kavanaugh joined the court’s four liberals in rejecting a plea from Cupertino, California-based Apple to end the lawsuit. Apple charges a 30% commission to software developers whose more than 2 million apps are sold through Apple’s App Store, and iPhone users who must purchase software for their smartphones exclusively through the App Store bear that cost in turn.
IPhone users filed the suit. Kavanaugh wrote the majority opinion.
“In other words, Apple as retailer pockets a 30% commission on every app sale,” said Kavanaugh, one of President Donald Trump’s two high court appointees.
Justice Neil Gorsuch, Trump’s other pick, wrote a dissent for four conservative justices. The consumers’ complaint against Apple is the kind of case earlier high court rulings said was not allowed under federal laws that prohibit unfair control of a market, Gorsuch wrote.
Apple had argued it’s merely a pipeline between app developers and consumers, and that iPhone users have no claims against Apple under antitrust law.
The suit could force Apple to cut the commission it charges software developers. A judge could triple the compensation to consumers under antitrust law if Apple ultimately loses the suit. |
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A loophole could keep young terror suspects out of US courts
Legal Business |
2019/05/07 10:06
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The Justice Department's ability to charge minors for supporting terrorist groups has been hampered by a 2018 Supreme Court decision, forcing prosecutors to hand off at least one such case to local authorities in a state without anti-terrorism laws.
The court's decision in a case unrelated to terrorism opened a loophole that could allow young supporters of groups like the Islamic State to skate on charges from the federal government.
The legal gap was highlighted by the case of Matin Azizi-Yarand , who was sentenced in a Texas state court last month after plotting to shoot police officers and civilians at a suburban shopping mall in an Islamic State-inspired rampage planned to coincide with the Muslim holiday of Ramadan.
In most cases like this, federal prosecutors would have brought terrorism charges. But U.S. prosecutors in Texas didn't charge Azizi-Yarand because he was 17 at the time and considered a minor under federal law.
Federal law allows prosecutors to charge anyone supporting or working with a State Department-designated terror group, even if the person was not in contact with the group. But to charge a juvenile with providing material support to a foreign terrorist organization, the attorney general would have to determine that the suspect committed what's known as a "crime of violence" under federal law.
The Supreme Court struck down part of that law last year, finding it too vague to be enforced in the case of a Philippine man who was facing deportation over burglary convictions. Justice Neil Gorsuch joined the court's more liberal judges, finding that the law crossed constitutional boundaries and that the law was not specific enough because it failed to adequately define what would be a violent crime. |
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Georgia high court to hear appeal in election challenge
Court Watch |
2019/05/06 10:06
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Georgia's outdated voting machines are in the spotlight as election integrity advocates try to convince the state's highest court that a judge shouldn't have dismissed a lawsuit challenging the outcome of November's race for lieutenant governor.
The lawsuit says tens of thousands of votes were never recorded in the race and the contest was "so defective and marred by material irregularities" as to place the result in doubt. It contends an unexplained undervote in the race was likely caused by problems with the state's paperless touchscreen voting machines.
Republican Geoff Duncan beat Democrat Sarah Riggs Amico by 123,172 votes to become lieutenant governor. Amico is not a party to the lawsuit, which was filed in November by the Coalition for Good Governance, an election integrity advocacy organization; Smythe Duval, who ran for secretary of state as a Libertarian; and two Georgia voters. It was filed against Duncan and election officials.
A judge dismissed the lawsuit in January. In an appeal to the Georgia Supreme Court, lawyer Bruce Brown argues the judge erred by not allowing discovery prior to trial. But even without evidence that might have turned up in discovery, it's clear that the election was flawed enough to "place in doubt the result," he wrote. |
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