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Organized labor case goes in front of Supreme Court
Court News |
2018/03/01 19:24
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The Supreme Court is hearing arguments in a case that could deal a painful financial blow to organized labor.
All eyes will be on Justice Neil Gorsuch Monday when the court takes up a challenge to an Illinois law that allows unions representing government employees to collect fees from workers who choose not to join. The unions say the outcome could affect more than 5 million government workers in 24 states and the District of Columbia.
The court split 4-4 the last time it considered the issue in 2016. Gorsuch joined the court in April and has yet to weigh in on union fees. Organized labor is a big supporter of Democratic candidates and interests. Unions strongly opposed Gorsuch's nomination by President Donald Trump.
Illinois government employee Mark Janus says he has a constitutional right not to contribute anything to a union with which he disagrees. Janus and the conservative interests that back him contend that everything unions representing public employees do is political, including contract negotiations.
The Trump administration is supporting Janus in his effort to persuade the court to overturn its 1977 ruling allowing states to require fair share fees for government employees.
The unions argue that so-called fair share fees pay for collective bargaining and other work the union does on behalf of all employees, not just its members. People can't be compelled to contribute to unions' political activities. |
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Supreme Court declines to take up 'Dreamers' case for now
Court News |
2018/02/27 19:25
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The Supreme Court on Monday rejected the Trump administration's highly unusual bid to bypass a federals appeals court and get the justices to intervene in the fate of a program that protects hundreds of thousands of young immigrants from deportation.
The decision affecting "Dreamers" means the case will almost certainly have to work its way through the lower courts before any Supreme Court ruling is possible. And because that could take weeks or months, Monday's decision also is likely to further reduce pressure on Congress to act quickly on the matter.
The ruling on the Obama-era Deferred Action for Childhood Arrivals program, or DACA, wasn't unexpected.
Justice Department spokesman Devin O'Malley acknowledged that the court "very rarely" hears a case before a lower appeals court has considered it, though he said the administration's view was "it was warranted" in this case.
O'Malley said the administration would continue to defend the Homeland Security Department's "lawful authority to wind down DACA in an orderly manner."
DACA has provided protection from deportation and work permits for about 700,000 young people who came to the U.S. as children and stayed illegally.
Last fall, Trump argued that Obama had exceeded his executive powers when he created the program. Trump gave lawmakers until March 5 to send him legislation to renew the program.
But in recent weeks, federal judges in San Francisco and New York have made Trump's deadline temporarily moot. They've issued injunctions ordering the Trump administration to keep DACA in place while courts consider legal challenges to Trump's termination of the program.
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Court leaves black judge on case against white officer
Court News |
2018/02/26 19:25
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The Alabama Supreme Court is refusing to make a black judge quit the case of a white police officer charged with murder in the shooting death of a black man.
The justices without comment Friday turned down a request from officer Aaron Cody Smith of the Montgomery Police Department.
Smith is charged in the shooting death two years ago of 58-year-old Greg Gunn, who authorities say was walking in his neighborhood when Smith shot him.
Defense attorneys sought a new judge based on social media posts of Circuit Judge Greg Griffin, who wrote about being stopped by police because he is black.
Griffin refused to step aside and accused the defense of injecting race into the case. Smith's lawyers appealed. |
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Ohio court to hear online charter school's funding case
Court News |
2018/02/14 22:54
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The survival of one of the nation's largest virtual charter schools is on the line when the Ohio Supreme Court hears arguments Tuesday in a case that could have broader impact on accountability for other e-schools.
The Electronic Classroom of Tomorrow challenges how Ohio tallied students' participation to determine the online school should repay $60 million or more.
The state says ECOT didn't provide data from students' online work to justify the school's full public funding in recent years.
ECOT argues that state law calls for calculating charter-school funding based on enrollment, not participation, and that Ohio's Department of Education effectively changed the criteria without legal authority.
After the state started recouping funding, the e-school of some 12,000 students was abruptly closed last month as it ran out of money. |
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Court allows Pennsylvania to redraw GOP-favored district map
Court News |
2018/02/06 22:41
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Justice Samuel Alito, who handles emergency appeals from Pennsylvania, rejected the request from GOP legislative leaders and voters to put on hold an order from the state Supreme Court intended to produce new congressional districts in the coming two weeks.
The Pennsylvania high court ruled last month that the current map of 18 districts violates the state constitution because it unfairly benefits Republicans.
The decision comes just four days before the Republican-controlled Legislature's deadline for submitting a replacement map for Democratic Gov. Tom Wolf to consider. So far, there has been a notable lack of bipartisan movement on getting such a deal.
Pennsylvania's congressional delegation has been 13-5 in favor of Republicans during the three election cycles since the GOP-drawn 2011 map took effect, and experts have said those 13 seats are several more than would have been produced by a nonpartisan map.
Democrats have about 800,000 more registered voters than Republicans and hold all three elected statewide row offices, but Republicans enjoy solid majorities in both chambers of the Legislature.
Under the process laid out two weeks ago by four of the seven Pennsylvania Supreme Court justices, all Democrats, the Legislature has until Friday to approve a new map, after which Wolf will have until Feb. 15 to decide whether to endorse it and submit it to the justices.
Senate Republican Leader Jake Corman said Monday he's had "zero" discussions with Wolf and legislative leaders about new district boundaries and could not guarantee he will meet the deadline.
The state Supreme Court said it expects new districts to be in place by Feb. 19, and the new map is expected to be in play for the May 15 congressional primaries. |
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