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In one state, abused animals get a legal voice in court
Opinions |
2017/06/01 12:55
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Many states have victim's advocates or child advocates, people in the judicial system who represent those affected by crime or abuse. Now, one state has created legal advocates for abused animals, an experiment being watched across the nation for signs of success.
There are eight approved volunteer advocates across Connecticut — seven lawyers and a UConn law professor, working with her students. It's up to a judge to decide whether to appoint one, but they can be requested by prosecutors or defense attorneys. In the first six months of the law, advocates have been appointed in five cases.
"Every state has the problem of overburdened courts that understandably prioritize human cases over animal cases in allocating resources," said University of Connecticut professor Jessica Rubin, a specialist in animal law. "Here's a way to help."
The American Kennel Club, though, opposed the legislation, saying it could result in confusion over who is responsible for an animal and limit the rights of animal owners, including in cases in which someone else is charged with the abuse.
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Short-handed Supreme Court delays action in 3 cases
Opinions |
2016/11/01 15:11
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The Supreme Court is offering new evidence that the short-handed court is having trouble getting its work done.
The justices have yet to schedule three cases for arguments that were granted full review in January, about a month before Justice Antonin Scalia died. The cases involve separation of church and state, class-action lawsuits and property rights, issues that often split liberal and conservative justices.
Their absence from the calendar of cases that are being argued this fall suggests that the justices believe they may divide 4 to 4, and are waiting for a ninth justice to join them.
“The court doesn’t like to do a lot of work and have a 4-4 result. There may be a desire of the court to try to wait for the full complement of justices,” said Todd Gaziano of the Pacific Legal Foundation, which is taking part in the property rights case.
The court on Friday released its argument calendar for late November and early December. It includes redistricting disputes from North Carolina and Virginia, and a Texas death row inmate’s appeal.
Senate Republicans have refused to act on Judge Merrick Garland’s nomination to fill Scalia’s seat.
Even if Garland were to get a Senate hearing and vote after the election, if Hillary Clinton wins the presidency, the earliest he could join the court would be for its January arguments. If the Senate does not act on Garland’s nomination in its post-election “lame duck” session, the vacancy could last into the spring, meaning almost all of the court’s term would go by with eight justices.
In the meantime, several justices have commented on the challenges posed by the absence of one justice.
“It’s much more difficult for us to do our job if we are not what we’re intended to be — a court of nine,” Justice Sonia Sotomayor said Monday at the University of Minnesota.
The justices divided evenly in four cases following Scalia’s death last term. A tie vote keeps in place the lower court decision that is being reviewed, without setting any nationwide law on the question at issue. It’s as if the high court hadn’t taken on the case in the first place
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Court enters default judgment in Kansas voting rights case
Opinions |
2016/10/14 22:09
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A federal court clerk entered a default judgment Tuesday against Kansas Secretary of State Kris Kobach for failing to file a timely response to a lawsuit challenging the constitutionality of a state law requiring prospective voters to prove they are U.S. citizens.
It remains unclear whether U.S. District Judge Julie Robinson will give Kobach more time to respond. If the judgment stands it would apply to all voters in all federal, state and local elections — effectively ending the state's proof-of-citizenship requirement.
Kobach did not immediately return a cellphone message, but spokeswoman Desiree Taliaferro said he would comment.
Kobach faces four separate lawsuits challenging various aspects of Kansas' voter registration law. The law, which went into effect in January 2013, requires prospective voters to submit documentary proof of citizenship such as a birth certificate, U.S. passport or naturalization papers.
Kobach, a conservative Republican, has championed the proof-of-citizenship requirement as an anti-fraud measure that keeps non-citizens from voting, including immigrants living in the U.S. illegally. Critics say such requirements suppress voter turnout, particularly among young and minority voters, and that there have been few cases of fraud in the past.
"Oftentimes judges will give an attorney who has not filed something in a timely manner another chance," said Paul Davis, an attorney for the voter who brought the lawsuit. "We will have to see whether Judge Robinson is willing to do that in this case."
Kobach could ask the judge to set aside the clerk's action, possibly on grounds that include "excusable neglect," said Mark Johnson, another attorney for the voter.
But if the clerk's action stands, it means the proof-of-citizenship requirement can't be enforced, Johnson said.
The lawsuit contends the requirement violates voters' constitutional right to right to due legal process and the right to freely travel from state to state by infringing on people's ability to vote and to sign petitions. It also contends the actions Kobach has taken to verify citizenship status discriminates against people who were born or got married in other states.
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Supreme Court in holding pattern, awaiting ninth justice
Opinions |
2016/10/01 12:17
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The Supreme Court is set to begin its new term as it ended the last one — down one justice and ideologically deadlocked on a range of issues.
The absence of a ninth justice since Antonin Scalia's death in February has hamstrung the court in several cases. It's forced the justices to look for less contentious issues on which they're less likely to divide by 4-4.
It could be several months, at least, before the nation's highest court is again operating at full strength.
How the presidential election turns out will go a long way toward determining the judicial outlook of the ninth justice, the direction of the court and the outcome of several cases already being heard and others that probably will be at the court soon.
A rush hour commuter train crashed through a barrier at the busy Hoboken station and lurched across the waiting area Thursday morning, killing one person and injuring more than 100 others in a grisly wreck that renewed questions about whether long-delayed automated safety technology could have prevented tragedy.
People pulled chunks of concrete off pinned and bleeding victims, passengers kicked out windows and crawled to safety and cries and screams could be heard in the wreckage as emergency workers rushed to reach the injured in the tangle of twisted metal and dangling wires just across the Hudson River from New York City.
The New Jersey Transit train ran off the end of the track as it was pulling in around 8:45 a.m., smashing through a concrete-and-steel bumper. As it ground to a halt in the waiting area, it knocked out pillars, collapsing a section of the roof.
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Polish prosecutors investigate court head for abuse of power
Opinions |
2016/08/19 10:27
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Polish prosecutors have opened an investigation into the head of the country's Constitutional Tribunal to determine if he abused his power in not allowing judges appointed by the ruling party to take part in rulings.
The investigation into Andrzej Rzeplinski, which opened Thursday, is the latest development in an ongoing conflict between the Polish government and the constitutional court, whose role is similar to the U.S. Supreme Court.
The government's conflict with the court has raised international concerns about the state of democracy in Poland, and the political opposition and other critics have slammed the investigation into Rzeplinski as an attack on the separation of powers.
Amid the conflict, Rzeplinski has emerged as one of the key symbols of resistance against the right-wing government, which has moved to centralize power since winning elections last year. The investigation is seen by many as an attempt to discredit him since he enjoys, at least for now, immunity from prosecution. His term as head of the court also expires in December.
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