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Court rejects appeal over Senate filibuster rules
Attorney News |
2014/11/04 16:03
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The Supreme Court on Monday rejected an appeal from a public interest group and four members of Congress who challenged the Senate filibuster as unconstitutional.
The justices let stand a lower court ruling that said Common Cause and the lawmakers did not have legal standing to pursue the case.
The plaintiffs argued that Senate rules requiring at least 60 votes to bring legislation to a vote violates the constitutional principle of majority rule. A federal appeals court said the lawsuit was filed against the wrong parties.
The case was brought against Vice President Joe Biden in his role as president of the Senate, and against the Senate's secretary, parliamentarian and sergeant at arms.
Common Cause says it can't sue the Senate directly because that is barred under the Constitution's Speech and Debate Clause.
Last year, the Senate voted to end use of the filibuster rule from blocking most presidential nominees. Democrats said they ended the rule out of frustration that Republicans were routinely using the tactic to block President Barack Obama's nominees for pivotal judgeships and other top jobs.
But 60 votes are still required to end filibusters against legislation. |
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Appeals court in Va. reviewing NC abortion law
Attorney News |
2014/10/30 11:29
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North Carolina's solicitor general on Wednesday urged a federal appeals court to revive a state law that would require abortion providers to show and describe an ultrasound of the fetus to the pregnant woman, even if the patient refuses to look or listen.
John Maddrey told a three-judge panel of the 4th U.S. Circuit Court of Appeals that the provision adds "relevant, truthful, real-time information" to North Carolina's informed consent law. The state is appealing U.S. District Judge Catharine Eagles' ruling in January that the mandate violates abortion providers' free-speech rights.
North Carolina's solicitor general on Wednesday urged a federal appeals court to revive a state law that would require abortion providers to show and describe an ultrasound of the fetus to the pregnant woman, even if the patient refuses to look or listen.
John Maddrey told a three-judge panel of the 4th U.S. Circuit Court of Appeals that the provision adds "relevant, truthful, real-time information" to North Carolina's informed consent law. The state is appealing U.S. District Judge Catharine Eagles' ruling in January that the mandate violates abortion providers' free-speech rights. |
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Personal Injury Lawyers Practicing Throughout Texas
Attorney News |
2014/10/30 11:28
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Our team of attorneys has extensive experience representing clients from every part of Texas. The Salazar Law Firm not only gives personal attention to each client, but we also have the resources and technology to handle all types of cases. Many individuals do not know about their rights when it comes to the law, but we are here to help. For anything from a simple injury case to a highly complex legal issue, we will give you results. Call us today to be informed of your rights and to have your case reviewed.
You can be assured that your case will be seen and handled by each member of our staff, which allows your case to be known by the whole firm. This lets us be thorough and enables you to reach out to anyone on our staff. We make ourselves available at all times, even if that means answering your call after hours. Ultimately, the Salazar Law
Firm seeks to responsibly deliver quality service to Texans all over. This means we have staff who can communicate in Spanish, Vietnamese,and English.
Our office works best in casual attire, saving our suits for court and client meetings. Working hard need not be dull. United by the desire to produce the best outcome for our clients, our staff members are a team of friends in addition to being co-workers. Our employees not only get the job done, but also pursue hobbies and accomplishments outside the office. Each person brings something unique to the table. This kind of environment allows us to strive for business excellence in all the work that we do.
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Court in Va. examines death row isolation policy
Legal Business |
2014/10/28 14:36
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Virginia's practice of automatically holding death row inmates in solitary confinement will be reviewed by a federal appeals court in a case that experts say could have repercussions beyond the state's borders.
U.S. District Judge Leonie Brinkema in Alexandria ruled last year that around-the-clock isolation of condemned inmates is so onerous that the Virginia Department of Corrections must assess its necessity on a case-by-case basis. Failure to do so, she said, violates the inmates' due process rights.
The state appealed, arguing that the courts should defer to the judgment of prison officials on safety issues. A three-judge panel of the 4th U.S. Circuit Court of Appeals will hear arguments Tuesday.
The lawsuit was filed by Alfredo Prieto, who was on California's death row for raping and murdering a 15-year-old girl when a DNA sample connected him to the 1988 slayings of George Washington University students Rachel Raver and Warren Fulton III in Reston. He also was sentenced to death in Virginia, where he has spent most of the last six years alone in a 71-square-foot cell at the Sussex I State Prison.
Some capital punishment experts say a victory by Prieto could prompt similar lawsuits by death row inmates elsewhere.
"It gives them a road map," said northern Virginia defense attorney Jonathan Sheldon, who noted that the due process claim succeeded where allegations of cruel and unusual punishment have routinely failed. "It's not that common to challenge conditions of confinement on due process grounds." |
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