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Court turns down bid to block vote on nuclear plant rescue
Court News | 2019/11/29 20:47
The Ohio Supreme Court rejected a lawsuit attempting to block a proposed statewide vote that aims to overturn a financial rescue for Ohio's two nuclear plants, according to a decision issued Wednesday.

The plants' owner, FirstEnergy Solutions, had argued that the financial rescue approved by state lawmakers in July can't be overturned by voters because it amounts to a tax. The company had said the Ohio Constitution prohibits tax levies from being overturned by voters.

While the decision is a win for opponents of the $1.5 billion rescue package for the nuclear plants and two coal-fired plants, they're still waiting to hear whether the courts will give them additional time to collect signatures needed for a statewide vote.

Investors and developers in the state's natural gas industry, along with backers of green energy, have led the fight against the nuclear plant rescue, which adds a new fee on every electricity bill in the state and scales back requirements that utilities generate more power from wind and solar.


Supreme Court says Ginsburg released from hospital
Court News | 2019/11/25 12:43
The Supreme Court says Justice Ruth Bader Ginsburg has been released from a Baltimore hospital where she had been treated for a possible infection.

The 86-year-old Ginsburg has returned to her home in Washington, D.C., and is “doing well,” court spokeswoman Kathy Arberg said Sunday. Ginsburg spent two nights at Johns Hopkins Hospital in Baltimore. She was taken there Friday after experiencing chills and fever.

The court says she received intravenous antibiotics and fluids and that her symptoms abated. Ginsburg has had four occurrences of cancer, including two in the past year. She had lung cancer surgery in December and received radiation treatment for a tumor on her pancreas in August.

She had a rare absence from a public session of the court in mid-November because of what the court said was a stomach bug. She was back on the bench the next time the justices met.

Her latest hospital stay began Friday, after the justices met in private to discuss pending cases. She was initially evaluated at Sibley Memorial Hospital in Washington before being transferred to Johns Hopkins for further evaluation and treatment of any possible infection.

Ginsburg has been on the court since 1993, appointed by President Bill Clinton. Only Justice Clarence Thomas has served longer among the current members of the court.



New North Dakota Supreme Court chief justice to be chosen
Court News | 2019/11/22 12:41
North Dakota is getting a new Supreme Court chief justice.

The new chief justice will be chosen by their colleagues and district court judges on Monday. Ballots will be counted at 4 p.m. at the state Capitol in Bismarck.

Justices Daniel Crothers, Lisa Fair McEvers, and Jon Jensen filed to fill the chief justice position that was left open after 86-year-old Chief Justice Gerald VandeWalle announced in September he would not seek reappointment to the top post when his term expires at the end of the year.

Justice Jerod Tufte was the only justice who did not express interest.

VandeWalle was elected chief justice five times since 1993. The chief justice is appointed to five-year terms.



Bolivians urge US court to restore $10M verdict on killings
Court News | 2019/11/19 19:29
Bolivians asked a U.S. appeals court Tuesday to restore a $10 million jury verdict against a former president and defense minister of the South American nation over killings by security forces during 2003 unrest there.

Lawyers for a group of indigenous Bolivians told a three-judge panel of the 11th U.S. Circuit Court of Appeals that a Florida judge was wrong to set aside last year's verdict.

The jury found against former Bolivian President Gonzalo "Goni" Sanchez de Lozada and former defense minister, Jose Carlos Sanchez Berzain. Both have been living in the U.S. after fleeing Bolivia in 2003.

We have faith that the court of appeals will see what the Bolivian people and the American jury also saw: that Goni and Sánchez Berzaín are responsible for these killings, and that justice must be done," said Teófilo Baltazar Cerro, a plaintiff whose pregnant wife Teodosia was shot and killed during the unrest.



EU court refers doubts on Polish judiciary to national court
Court News | 2019/11/14 19:31
The European Union's top court ruled Tuesday that there are reasons to question the independence of a new judicial chamber in Poland that monitors and potentially punishes judges.

However, the European Court of Justice left it to Poland's highest court to determine whether the new Disciplinary Chamber is independent of influence from the nations' legislative and executive powers.

In Poland, both sides of the heated dispute around the ruling party's controversial changes to the country's judiciary declared victory upon hearing the verdict.

The head of the Supreme Court, Malgorzata Gersdorf, said the EU court clearly shared concerns over the new chamber, which is part of the Supreme Court. She vowed action aiming to "restore trust" in Poland's top court and its judicial bodies.

The right-wing government, however, said the ruling, which referred the matter back to Poland's judges, was a clear sign that the EU court believes it has no jurisdiction to assess the justice systems of member nations. Poland's ruling Law and Justice party has been voicing that opinion ever since it started to introduce changes to the judiciary when it took power in 2015.


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