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Court gives fertilizer dealers a reprieve from policy change
Court Watch |
2016/09/26 19:17
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A court ruling has given farm fertilizer dealers a reprieve from a federal policy change that some say would unfairly burden the industry.
The Occupational Safety and Health Administration policy change announced last year would regulate retail dealers of farm fertilizer such as anhydrous ammonia under the same standards as manufacturers. It came after a deadly explosion at a Texas plant in 2013.
The Agricultural Retailers Association and The Fertilizer Institute say the change would affect 3,800 fertilizer retailers nationwide, costing them more than $100 million. The two organizations sued a year ago.
The change was to take effect this coming Saturday. But a federal appeals court has ruled that OSHA can't implement it without going through a formal rule-making process. |
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Court rules man treated for mental illness can have a gun
Court Watch |
2016/09/17 15:08
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A Michigan man who can't buy a gun because he was briefly treated for mental health problems in the 1980s has won a key decision from a federal appeals court, which says the burden is on the government to justify a lifetime ban against him.
The Second Amendment case was significant enough for 16 judges on the 6th U.S. Circuit Court of Appeals to participate. Cases usually are heard only by three-judge panels.
Clifford Tyler, 74, of Hillsdale said his constitutional right to bear arms is violated by a federal law that prohibits gun ownership if someone has been admitted to a mental hospital.
In 1985, Tyler's wife ran away with another man, depleted his finances and filed for divorce. He was deeply upset, and his daughters feared he was a danger to himself.
Tyler was ordered to a hospital for at least two weeks. He subsequently recovered, continued working for another two decades and remarried in 1999.
"There is no indication of the continued risk presented by people who were involuntarily committed many years ago and who have no history of intervening mental illness, criminal activity or substance abuse," Judge Julia Smith Gibbons wrote in the lead opinion.
The court on Thursday sent the case back to the federal court in Grand Rapids where the government must argue the merits of a lifetime ban or the risks of Tyler having a gun.
Gibbons suggests Tyler should prevail, based on his years of good mental health.
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Sotomayor calls job on high court blessing and curse
Court Watch |
2016/09/11 23:22
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Serving on the U.S. Supreme Court has been both a blessing and a curse and reaching decisions is harder than she ever expected, Justice Sonia Sotomayor said Thursday during a visit to the University of Wisconsin-Madison.
The court's first Hispanic justice told a packed campus theater that said she still marvels that she holds her position, noting she sits so close to the president at State of the Union addresses she can almost touch him. But the job comes with a heavy burden because every decision the court makes affects so many people and each ruling creates losers, she said, recalling moments in court where losing litigants have wept.
"I never forget that in every case, someone wins, and there's an opposite. Someone loses. And that burden feels very heavy to me," Sotomayor said. "I have not anticipated how hard decision-making is on the court. Because of that big win and lose on the court and we are affecting lives across the country and sometimes across the world, I'm conscious that what I do will always affect someone."
Sotomayor spoke for about an hour and a half, wandering up and down the theater's aisles and shaking hands with people as she answered questions from a pair of her former law clerks sitting on stage. She warned the audience that she couldn't talk about pending cases and the clerks never asked her about the Senate refusing to hold a hearing or vote on Judge Merrick Garland's nomination to replace the late Antonin Scalia as the court's ninth justice. The clerks instead gave her general questions about her experiences and thought processes. She kept her answers just as general.
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Biden, Supreme Court nominee on Hill to pressure GOP
Court Watch |
2016/09/10 23:21
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Judge Merrick Garland found himself back on Capitol Hill on Thursday in a familiar place ? meeting with a Democratic senator who used the visit to complain about Republicans' inaction on President Barack Obama's Supreme Court nominee.
Vermont Sen. Patrick Leahy, the Democrat on the Senate Judiciary Committee. said he met with Garland to "see how he's doing." Nearly six months ago, Obama nominated Garland to fill the vacancy created by Justice Antonin Scalia's death in February. Republicans have said they won't act until the next president chooses a nominee.
"He's had to wait longer than any nominee ever has," Leahy told reporters. "We've got plenty of time. If they want to do their job, we could easily have the hearing and the confirmation in September."
Asked if he'd seen any signs that Republicans are wavering in their refusal to consider a nominee this year, Leahy said, "You'll have to ask them." The spokesman for Senate Majority Leader Mitch McConnell, R-Ky., who's led GOP opposition to Garland, said nothing has changed.
"The majority leader has been clear: The next president will make the nomination for this vacancy," said spokesman Don Stewart.
Vice President Joe Biden also planned to be on Capitol Hill on Thursday to help turn up the pressure on McConnell.
It was Garland's first visit to Congress since he held dozens of individual meetings with senators in the spring.
The court is currently divided 4-4 between liberal- and conservative-leaning justices. Garland's confirmation would tip the court in the more liberal direction.
Both parties have appealed to voters by making the court's leaning a campaign issue, stressing that either Democrat Hillary Clinton or Republican Donald Trump will decide that by whomever they nominate.
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Appeals court: Week of early voting shouldn't return to Ohio
Court Watch |
2016/08/24 09:40
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A federal appeals court on Tuesday upheld an Ohio law that trims a week of early voting in the swing state, reversing a judge's decision that had restored the time.
Democrats had challenged a series of Republican-backed voting changes they claimed disproportionately burdened black voters and those who lean Democratic. Among the policies was the elimination of early voting days in which Ohioans could also register to vote, a period known as golden week.
The state's attorneys argued that scrapping the days helped alleviate administrative burdens for local elections officials while reducing costs and the potential of fraud. But plaintiffs, who include the state's Democratic Party, said the burden on voters outweighed any benefit to the state.
In a 2-1 decision, a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati ruled the golden-week cut still allows for "abundant" opportunities to vote within a 29-day window. Prior to the law, Ohioans had a 35-day period.
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