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Dems force 1-week delay on panel vote on Supreme Court pick
Court Watch | 2017/03/27 11:17
Senate Democrats on Monday forced a one-week delay in a committee vote on President Donald Trump's Supreme Court nominee, who remains on track for confirmation with solid Republican backing.

Sen. Chuck Grassley, R-Iowa, chairman of the Judiciary Committee, announced that, as expected, Democrats have requested a postponement. The committee vote on Judge Neil Gorsuch now will be held April 3.

As the committee readies to vote, three additional Democrats said they are likely to vote against the Denver-based appeals court judge. Florida Sen. Bill Nelson and Hawaii Sen. Mazie Hirono said they will vote against Gorsuch, and Vermont Sen. Patrick Leahy tweeted that he still was undecided but inclined to oppose him. Leahy is a senior member of the Judiciary panel and a former chairman.

That means at least 17 Democrats and independents, led by Minority Leader Chuck Schumer of New York, have announced their opposition to the Denver-based appeals court judge, arguing that Gorsuch has ruled too often against workers and in favor of corporations.

The Democrats who have announced their opposition have also said they will try to block the nominee, meaning Senate Majority Leader Mitch McConnell, R-Ky., will have to hold a procedural vote requiring 60 votes to move forward. The Senate GOP has a 52-48 majority, meaning McConnell will need support from at least eight Democrats or independents.

It was unclear whether he would be able to get the 60 votes. If he doesn't, McConnell seems ready to change Senate rules and confirm him with a simple majority.

Republicans had hoped that they'd see some support from the 10 Democrats running for re-election in states won by Trump in the presidential election, but four of those senators — Nelson, Pennsylvania Sen. Bob Casey, Ohio Sen. Sherrod Brown and Wisconsin Sen. Tammy Baldwin — have already said they will oppose the nominee.

Leahy, however, signaled that he may be willing to break from Schumer and vote with Republicans on the procedural vote, while also signaling in a separate tweet he'd vote against Gorsuch in the final, up or down vote.



Court bars release of videos made by anti-abortion group
Court Watch | 2017/03/23 11:18
A federal appeals court on Wednesday barred the release of videos made by an anti-abortion group whose leaders are facing felony charges in California accusing them of recording people without permission in violation of state law.

The 9th U.S. Circuit Court of Appeals upheld a lower court ruling blocking the recordings made by the Center for Medical Progress at meetings of the National Abortion Federation, an association of abortion providers.

The Center for Medical Progress previously released several secretly recorded videos that it says show Planned Parenthood employees selling fetal tissue for profit, which is illegal. Planned Parenthood said the videos were deceptively edited to support false claims.

The videos stoked the American abortion debate when they were released in 2015 and increased Congressional heat against Planned Parenthood that has yet to subside.

It's not clear what's on the bulk of the recordings the group made at National Abortion Federation meetings.

A leader of the Center for Medical Progress, David Daleiden, said in a statement that the 9th Circuit was preventing the release of footage of Planned Parenthood leadership discussing criminal conduct at the meetings and its ruling was an attack on the First Amendment.


International court orders reparations for Congo attack
Court News | 2017/03/23 11:17
The International Criminal Court on Friday awarded symbolic reparations of $250 each to nearly 300 people who lost relatives, property or livestock or suffered psychological harm in a deadly attack on a Congolese village in 2003.

Judges also awarded collective reparations in the form of projects covering "housing, support for income-generating activities, education and psychological support" for victims.

The award followed the conviction in 2014 of Germain Katanga for crimes committed in the attack on Bogoro in the Ituri region of Congo in which some 200 people were shot or hacked to death.

Such reparation orders are a key part of the court's mandate to not only bring to justice perpetrators of atrocities but also to ensure that their victims are compensated.

Furaha Kiza, who lives in Bogoro, said the compensation allotted to victims amounted to very little.

"I lost my parents and our home because of Germain Katanga's militias," he said. "I live with a foster family now. I would like the ICC to review the amounts so that we feel more relieved."

The court estimated the "extent of the physical, material and psychological harm suffered by the victims" amounted to more than $3.7 million and said Katanga was responsible for $1 million. But it added that he is considered "indigent" and unlikely to be able to pay.




Court: Wisconsin Bell discriminated against worker
Court News | 2017/03/20 11:18
A Wisconsin appeals court says state labor officials properly determined that Wisconsin Bell's decision to fire a bipolar employee amounted to discrimination.

According to court documents, Wisconsin Bell fired Charles Carlson in 2011 for engaging in electronic chats with co-workers and leaving work early one day. Carlson maintained he was reacting to news he didn't get a promotion, he was looking for support as his therapist had suggested and he doesn't react like other people.

The Labor Industry Review Commission found the company fired Carlson because of his disability in violation of employment discrimination laws.

The 1st District Court of Appeals ruled Tuesday that the commission's interpretation was reasonable and there's enough evidence to support imposing liability on Wisconsin Bell.

Wisconsin Bell says it does not tolerate discrimination of any kind, including that based on disability. The company says it disagrees with the ruling and is considering its options.


NC governor, legislature head to court in power showdown
Legal Business | 2017/03/06 08:36
North Carolina's new Democratic governor and majority Republican legislature are charging at each other in a constitutional game of chicken over their powers, a confrontation that could shape the recent conservative direction of state policies and spending.

The confrontation continues Tuesday, when the two branches of state government appear for a court hearing before the third. A panel of three trial judges will gather in Raleigh to hear lawyers for Gov. Roy Cooper dispute attorneys for the state House and Senate leaders over whether new laws are constitutional.

"This is a fight that involves really the three branches of government. It's one of a series of possible contests that we can see as the governor serves his term in office about who is going to make what decisions," High Point University political scientist Martin Kifer said. "It also has to do with the pace of policymaking. This isn't speeding things up."

GOP lawmakers passed several provisions that reduced the incoming governor's powers during a surprise special legislative session two weeks before Cooper took office Jan. 1. The laws:

— require Cooper's choices to run 10 state agencies to be approved by the GOP-led Senate.

— strip Cooper's control over administering elections and gives Republicans control over state and local elections boards during even-numbered years when elections for major statewide and national office are held.

— slash Cooper's patronage hiring discretion and gives civil service protections to hundreds of political appointees hired by former Republican Gov. Pat McCrory, who narrowly lost to Cooper last fall.

Cooper might not like the increasing number of limits Republicans impose, but he'd better get used to it, attorneys for legislative leaders said in a court filing. The state's constitution and legal precedents have created one of the country's weakest governors, and makes the General Assembly the dominant branch, attorneys for state House Speaker Tim Moore and Senate leader Phil Berger wrote.



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