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Attorney general applauds high court decision on water rule
Court News | 2018/01/24 17:02
North Dakota's attorney general is applauding a U.S. Supreme Court ruling that recognizes federal district courts as the forum to hear legal challenges to an Obama administration rule aimed at protecting small streams and wetlands from development and pollution.

Attorney General Wayne Stenehjem led a coalition of 12 states that obtained the first preliminary injunction against the "Waters of the U.S. Rule" in 2015 in North Dakota, arguing it would greatly and unlawfully expand the federal government's authority over states' land and water and the ability to control pollution.

The rule has never taken effect because of lawsuits and is now under review by President Donald Trump's administration.

Stenehjem says he'll ask the federal district court to resume North Dakota's case as soon as possible now that the jurisdiction issue has been resolved.


Supreme Court sides with police over partygoers in wild bash
Legal Business | 2018/01/23 17:02
The Supreme Court sided Monday with police over partygoers in a dispute about arrests at a 2008 bash at a vacant home that had been turned into a makeshift strip club.

The high court ruled that police had sufficient reason to make arrests at the raucous party, which took place in a District of Columbia duplex furnished only with a few metal chairs and a mattress. Supreme Court Justice Clarence Thomas wrote in an opinion that police reasonably concluded that the revelers "were knowingly taking advantage of a vacant house as a venue for their late night party."

"Most homeowners do not live in near-barren houses. And most homeowners do not invite people over to use their living room as a strip club, to have sex in their bedroom, to smoke marijuana inside, and to leave their floors filthy. The officers could thus infer that the partygoers knew their party was not authorized," he wrote.

Police officers arrived after receiving a complaint about loud music and illegal activities at a home that had been vacant for months. Arriving officers found loud music playing. Inside the home, they smelled marijuana and saw beer bottles and cups of liquor on the floor. Scantily clad women were performing lap dances while wearing cash-stuffed garter belts. Upstairs, officers found a naked woman, several men, open condom wrappers and a bare mattress.

The partiers provided police with inconsistent stories about the bash. Many said it was a bachelor party, but no one could identify the bachelor. Partygoers claimed they'd been invited to the home but could not say by whom. Two people said that a woman named "Peaches" was the party's host, but she wasn't there when police arrived. Reached by phone, Peaches eventually told police she had invited people to the house but didn't have the homeowner's approval to use the place.



Supreme Court: Water rule suits should begin in trial courts
Legal Interview | 2018/01/21 17:02
Opponents of an Obama administration rule aimed at protecting small streams and wetlands from development and pollution now know which courts should be hearing their lawsuits.

The Supreme Court ruled unanimously Monday that litigation over the rule should begin in the lowest level of federal courts, not in the federal courts of appeal. The rule has never taken effect because of lawsuits and is now under review by President Donald Trump's administration.

The 2015 rule sought to settle a debate over which waterways are covered under the Clean Water Act. The debate has dragged on for years and remained murky despite two Supreme Court rulings.

President Barack Obama's administration redefined "waters of the United States" protected under the act to include smaller creeks and wetlands.




Supreme Court delays order for North Carolina to redraw maps
Court Watch | 2018/01/20 17:02
The U.S. Supreme Court on Thursday delayed a lower-court order that would have forced North Carolina Republican lawmakers to redraw the state's congressional districts by next week because of excessive partisan bias in current lines.

The justices announced the stay after legal briefs were filed for and against the GOP legislators' request for a delay. Their lawyers successfully argued that a three-judge panel's ruling last week declaring the state congressional map an illegal partisan gerrymander should be on hold while similar cases involving Wisconsin legislative districts and one Maryland congressional district before the Supreme Court are considered. The court has never declared that the inherently political process of redistricting can be too partisan.

Voter advocacy groups and Democratic voters who sued over the map — heavily weighted toward Republicans in a closely divided state — argued no delay was necessary because it would be struck down however the justices rule in the other cases.

The Supreme Court's order said the delay remains in place while the case is appealed. The request was considered by the entire court, and Justices Ruth Bader Ginsburg and Sonia Sotomayor would have denied the request for the delay, according to the order.

GOP Rep. David Lewis and Sen. Ralph Hise, redistricting leaders at the state General Assembly, praised the intervention in a release. "We are grateful that a bipartisan U.S. Supreme Court has overwhelmingly halted the lower court's 11th-hour attempt to intervene in election outcomes" and restored certainty to voters about their districts, they said.


Court seems to favor death row inmate in dispute with lawyer
Legal Business | 2018/01/19 17:01
The Supreme Court seems ready to say that a lawyer for a criminal defendant cannot override his client's wish and concede his guilt at trial, even if the lawyer's aim is to avoid a death sentence.

The court on Wednesday dived into the case of Louisiana death row inmate Robert McCoy. He repeatedly objected to his lawyer's decision to acknowledge that McCoy killed the son, mother and step-father of his estranged wife in 2008.

Lawyer Larry English has said the evidence against McCoy was overwhelming and that the only way to keep McCoy off death row was to beg for mercy. In the end, the strategy failed and a jury sentenced McCoy to death. If he wins at the Supreme Court, he could get a new trial.


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