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Wisconsin Supreme Court primary will leave just two
Court Watch | 2018/02/11 14:19
The latest battle over the ideological balance of the Wisconsin Supreme Court plays out in the Feb. 20 primary, where one of three candidates will be eliminated ahead of a spring election.

Partisan politics have weighed heavy over weeks of campaigning. Madison attorney Tim Burns has most embraced his liberal beliefs, while Milwaukee County Circuit Judge Rebecca Dallet sought to appear as a moderate. Sauk County Circuit Judge Michael Screnock, an appointee of Republican Gov. Scott Walker, has the backing of conservatives.

The primary is the first statewide race this year, and while officially nonpartisan, it could be a bellwether for how Republicans and Democrats stand heading into the fall. Turnout is expected to be low, likely less than 10 percent.

The top two vote-getters advance to the April 3 general election, with the winner replacing outgoing conservative Justice Michael Gableman. He decided against seeking another 10-year term.

The court is currently controlled 5-2 by conservatives, so no matter who wins the ideological control will not change. Burns, who represents clients nationwide in lawsuits against insurance companies, is the only non-judge in the race. He also has little experience litigating in Wisconsin courtrooms, having argued only one case in state court and six in federal court in Wisconsin.

Burns argues his experience outside of Wisconsin is a strength that will help him fix what he views as a broken system. And, he argues a victory for him will energize liberals across the state headed into the fall.

Dallet argues that Burns has gotten too political. But she's walking a fine line trying to win over many of the same liberal voters Burns is appealing to. She ran a commercial attacking Trump and has criticized the current Supreme Court for voting in 2015 to end an investigation into Walker and conservatives.



Supreme Court blocks some redrawn North Carolina districts
Court Watch | 2018/02/07 22:41
The U.S. Supreme Court told North Carolina officials late Tuesday they must use some but not all of the state's legislative

districts that other federal judges redrew for this year's elections.

The justices partially granted the request of Republican lawmakers who contend the House and Senate maps they voted for last

summer were legal and didn't need to be altered.

A three-judge panel determined those GOP-approved boundaries contained racial bias left over from maps originally approved in

2011 and violated the state constitution. So the lower-court judges hired a special master who changed about two dozen

districts in all. The judges approved them last month.

The Supreme Court's order means more than half of those districts redrawn by Stanford University law professor Nathaniel Persily

will revert to their shapes from last summer. The order said House district changes made in the counties that include Charlotte

and Raleigh because of state constitutional concerns are blocked while the full case is appealed, but changes made elsewhere to

alleviate racial bias must be used.

The maps containing the partial changes will be used when candidate filing for all 170 General Assembly seats begins next

Monday.

Boundaries approved by the General Assembly last August kept Republicans in a position to retain veto-proof majorities in the

chambers, which has helped them advance their conservative-leaning agenda this decade. But Democrats are bolstered after

successful elections in other states last year. Tuesday's ruling means Democrats could find it harder to win more House districts

than they hoped.

Dozens of North Carolina voters originally were successful in overturning the 2011 districts as racial gerrymanders. They

subsequently asked Chief Justice John Roberts, who receives appeals from the state, to allow the lower court's directive and
The U.S. Supreme Court told North Carolina officials late Tuesday they must use some but not all of the state's legislative districts that other federal judges redrew for this year's elections.

The justices partially granted the request of Republican lawmakers who contend the House and Senate maps they voted for last summer were legal and didn't need to be altered.

A three-judge panel determined those GOP-approved boundaries contained racial bias left over from maps originally approved in 2011 and violated the state constitution. So the lower-court judges hired a special master who changed about two dozen districts in all. The judges approved them last month.

The Supreme Court's order means more than half of those districts redrawn by Stanford University law professor Nathaniel Persily will revert to their shapes from last summer. The order said House district changes made in the counties that include Charlotte and Raleigh because of state constitutional concerns are blocked while the full case is appealed, but changes made elsewhere to alleviate racial bias must be used.

The maps containing the partial changes will be used when candidate filing for all 170 General Assembly seats begins next Monday.

Boundaries approved by the General Assembly last August kept Republicans in a position to retain veto-proof majorities in the chambers, which has helped them advance their conservative-leaning agenda this decade. But Democrats are bolstered after successful elections in other states last year. Tuesday's ruling means Democrats could find it harder to win more House districts than they hoped.

Dozens of North Carolina voters originally were successful in overturning the 2011 districts as racial gerrymanders. They subsequently asked Chief Justice John Roberts, who receives appeals from the state, to allow the lower court's directive and require the changes approved by the three judges be used.

The Republicans' request was considered by the entire court and the order reflected division among the justices. Justices Clarence Thomas and Samuel Alito would have agreed to block all of the changes to the maps approved by the lower-court panel. Yet Justices Ruth Bader Ginsburg and Sonia Sotomayor would have denied the GOP's request entirely, according to the order.


Court halts execution of Alabama inmate with dementia
Court Watch | 2018/01/26 17:03
The U.S. Supreme Court has halted the execution of an Alabama inmate whose attorneys argue that dementia has left the 67-year-old unable to remember killing a police officer three decades ago.

Justices issued a stay Thursday night, the same evening that Vernon Madison was scheduled to receive a lethal injection at a southwest Alabama prison. The court delayed the execution to consider whether to further review the case.

Madison was sentenced to death for the 1985 killing of Mobile police Officer Julius Schulte, who had responded to a call about a missing child made by Madison's then-girlfriend. Prosecutors have said that Madison crept up and shot Schulte in the back of the head as he sat in his police car.

Madison's attorneys argued that strokes and dementia have left Madison unable to remember killing Schulte or fully understand his looming execution. The Supreme Court has previously ruled that condemned inmates must have a "rational understanding" that they are about to be executed and why.

"We are thrilled that the court stopped this execution tonight. Killing a fragile man suffering from dementia is unnecessary and cruel," attorney Bryan Stevenson, of the Equal Justice Initiative, said Thursday after the stay was granted.

The Alabama attorney general's office opposed the stay, arguing that a state court has ruled Madison competent and Madison has presented nothing that would reverse the finding.


Supreme Court delays order for North Carolina to redraw maps
Court Watch | 2018/01/20 17:02
The U.S. Supreme Court on Thursday delayed a lower-court order that would have forced North Carolina Republican lawmakers to redraw the state's congressional districts by next week because of excessive partisan bias in current lines.

The justices announced the stay after legal briefs were filed for and against the GOP legislators' request for a delay. Their lawyers successfully argued that a three-judge panel's ruling last week declaring the state congressional map an illegal partisan gerrymander should be on hold while similar cases involving Wisconsin legislative districts and one Maryland congressional district before the Supreme Court are considered. The court has never declared that the inherently political process of redistricting can be too partisan.

Voter advocacy groups and Democratic voters who sued over the map — heavily weighted toward Republicans in a closely divided state — argued no delay was necessary because it would be struck down however the justices rule in the other cases.

The Supreme Court's order said the delay remains in place while the case is appealed. The request was considered by the entire court, and Justices Ruth Bader Ginsburg and Sonia Sotomayor would have denied the request for the delay, according to the order.

GOP Rep. David Lewis and Sen. Ralph Hise, redistricting leaders at the state General Assembly, praised the intervention in a release. "We are grateful that a bipartisan U.S. Supreme Court has overwhelmingly halted the lower court's 11th-hour attempt to intervene in election outcomes" and restored certainty to voters about their districts, they said.


Hong Kong court to rule later on 3 activists' prison terms
Court Watch | 2018/01/16 18:06
Three Hong Kong activists will have to wait to learn the outcome of their final appeal Tuesday to overturn prison sentences for their roles in sparking 2014's massive pro-democracy protests in the semiautonomous Chinese city.

Judges at Hong Kong's top court said they would issue their decision at a later, unspecified date following the appeal hearing for Joshua Wong, Nathan Law and Alex Chow against the sentences of up to eight months. Bail for the three was extended.

The three were initially let off with suspended or community service sentences after they were convicted of taking part in or inciting an unlawful assembly by storming a courtyard at government headquarters to kick-off the protests.

But the case sparked controversy when the justice secretary requested a sentencing review that resulted in stiffer sentences, raising concerns about rule of law and fears that the city's Beijing-backed government is tightening up on dissent.

The trio's lawyers said the lower court overstepped its boundaries and put too much emphasis on the need for deterrence in handing down the revised harsher sentence.

"Laying down a heavy sentence will have a deterrent effect, but a balance has to be held between a deterrent and stifling young idealistic people," Law's lawyer, Robert Pang, told the judges.


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