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Appeals court refuses to reconsider Wisconsin voter ID cases
Court News | 2016/08/28 14:31
A federal appeals court has refused to reconsider a pair of rulings affecting Wisconsin's voter ID law, meaning no more changes to the requirement are likely before the November election.

The 7th U.S. Circuit Court of Appeals on Friday unanimously declined to have a full panel of judges hear appeals of two recent rulings affecting the voter ID requirement and a host of other election-related laws.

The U.S. Supreme Court would have to intervene for any changes to happen before the Nov. 8 election.

The appeals court's upholding the earlier rulings means that Wisconsin voters will have to show an acceptable ID to vote, but those having trouble getting it can get a temporary ID from the Division of Motor Vehicles.



Court blocks prosecutors from seizing emails stored overseas
Court News | 2016/07/15 08:30
A federal appeals court Thursday said prosecutors cannot force U.S. companies like Microsoft to turn over customer emails and other data stored on servers overseas — a ruling the government suggested could hamper national security investigations.

The three-judge panel of the 2nd U.S. Circuit Court of Appeals unanimously overturned a lower court's contempt finding against Microsoft for not handing over a customer's emails stored in Ireland. Federal prosecutors wanted the material for use in a drug trafficking investigation.

The ruling in the closely watched case was a victory for high-tech companies in the burgeoning "cloud computing" business, in which data is kept not on personal computers but on giant and sometimes distant servers. Microsoft stores data from over 1 billion customers and over 20 million businesses on servers in over 40 countries, the court noted.

The court said prosecutors went beyond what Congress intended when it passed the Stored Communications Act in 1986.

"Neither explicitly nor implicitly does the statute envision the application of its warrant provisions overseas," the court said in a decision written by Circuit Judge Susan L. Carney. She said allowing prosecutors to enforce a warrant outside the U.S. would "jettison ... centuries of law" and "replace the traditional warrant with a novel instrument of international application."

In a concurring opinion, Circuit Judge Gerard E. Lynch said an attempt to apply U.S. law overseas could cause tensions with other countries, "most easily appreciated if we consider the likely American reaction if France or Ireland or Saudi Arabia or Russia proclaimed its right to regulate conduct by Americans within our borders."

Microsoft called the ruling a "major victory for the protection of people's privacy rights under their own laws rather than the reach of foreign governments."

"We hear from customers around the world that they want the traditional privacy protections they've enjoyed for information stored on paper to remain in place as data moves to the cloud," said Brad Smith, Microsoft president and chief legal officer. "Today's decision helps ensure this result."

The Justice Department said it was disappointed and considering its options.





Iran's president slams US court ruling on frozen assets
Court News | 2016/05/06 14:53
Iran's president said Wednesday that a U.S. court ruling that allows for the seizure of Iranian assets amounts to theft and indicates continued "hostility" toward his country.

The U.S. Supreme Court ruled last week that the families of victims of a 1983 bombing in Lebanon and other attacks linked to Iran can collect nearly $2 billion in frozen funds from Iran as compensation.

Rouhani was quoted by state TV as warning that the United States would have to face up to "all the consequences of this illegal action," without elaborating. "The move indicates Washington's continued hostility against the Iranian nation," Rouhani added, speaking during a Cabinet meeting.

On Tuesday, the Cabinet tasked a group of top officials with examining the court decision and defending Iran's "rights."

The U.S. court's ruling directly affects more than 1,300 relatives of victims, some who have been seeking compensation for more than 30 years. They include families of the 241 U.S. service members who died in the Beirut bombing.



High court won't step into Mich. dispute over harness racing
Court News | 2016/04/26 11:03
The Supreme Court won't step into a dispute between Michigan gaming officials and a group of harness racing drivers over allegations of race-fixing.

The drivers had refused to speak to state investigators without a grant of immunity from prosecution. The 6th U.S. Circuit Court of Appeals ruled last year that they had a constitutional right to remain silent.

Michigan officials argued that gaming officials did not have to grant immunity before taking action against the drivers. The drivers were never charged with any crimes.

The justices on Monday left in place the appeals court ruling. Harness racing is a form of horse racing.



High court nominee praises lawyers for helping the poor
Court News | 2016/04/21 11:01
Supreme Court nominee Merrick Garland praised lawyers for their work with low-income Washingtonians Thursday in his first public remarks since his nomination last month.

Garland was on familiar turf, speaking at the federal courthouse in Washington, where he is chief judge of the appeals court.

Giving people living in poverty access to the courts is critical for society, Garland said. "Without equal justice under law," Garland said, using the phrase engraved above the entrance to the Supreme Court, "faith in the rule of the law, the foundation of our civil society, is at risk."

Garland's nomination is stalled in the Senate, where GOP leaders say the next president should choose the replacement for the late Justice Antonin Scalia. He has met with roughly 40 senators so far, with no sign that Republicans will allow hearings on his nomination, much less a vote.

At those meetings, Garland has typically said nothing for public consumption.

His appearance Thursday was part of the White House's effort to familiarize the country with the nominee by having him speak on a noncontroversial topic, free legal assistance for the poor.




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