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Reid pounds GOP united against Obama Supreme Court choice
Headline Legal News |
2016/03/08 23:59
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Conservative and liberal groups are only beginning their battle over the Supreme Court vacancy, with a smattering of television ads and behind-the-scenes research serving as warning shots in what's sure to be an expensive fight that will color November's elections.
Activity will only ramp up once President Barack Obama names someone to replace the late Justice Antonin Scalia — a nomination Senate Majority Leader Mitch McConnell, R-Ky., and other Republicans promise the chamber will never consider. Many expect Obama to announce his pick next week.
With the court's 4-4 balance between liberal and conservative justices in play, both parties and their allies are reaching out to rally their memberships, solicit contributions and savage the opposition.
The conservative Judicial Crisis Network has run TV spots backing GOP senators in seven states and digital ads targeting Democrats in four others, while its leader wrote an article criticizing one potential nominee for a case she handled as a public defender a decade ago. On its website, the legislative arm of the National Rifle Association links readers to an article titled "Justice Barack Obama?" suggesting that scenario should Democrat Hillary Clinton become president.
The Senate Majority PAC, backing Democrats, has launched a New Hampshire TV ad accusing GOP Sen. Kelly Ayotte, in a competitive re-election race, of "ignoring the Constitution, not doing her job." And Citizens United, dedicated to overturning the Supreme Court decision that unleashed unlimited campaign spending by corporations and unions, has aired commercials pressing Ayotte and Sen. Roy Blunt, R-Mo., to consider a nominee. A group of 21 Democratic attorneys general penned a letter warning Senate leaders not to "undermine the rule of law." MoveOn.org and other progressive groups plan rallies outside senators' home-state offices on a March 21 "National Day of Action."
"A Supreme Court nomination is the No. 1 top priority for almost any conservative group," said Carrie Severino, the Crisis Network's policy director, a sentiment shared by liberals, too. "Almost every issue ultimately finds its way to the Supreme Court."
Democrats and liberals have focused on Senate Judiciary Committee Chairman Charles Grassley, R-Iowa, and other Republican senators seeking re-election this fall in swing states like Ohio, Pennsylvania and Wisconsin. Backed by nearly all GOP senators, Grassley has said his panel won't hold a hearing on Obama's choice. |
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African-American voters see court fight as affront to Obama
Headline Legal News |
2016/02/29 00:29
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Watching the fight unfold between President Barack Obama and Senate Republicans over who should choose the next Supreme Court justice, Michael A. Bowden got angry at what he saw at the latest affront to the first black president.
And then his thoughts turned from Washington to his own state.
Obama won't be on the ballot this fall, but Pennsylvania GOP Sen. Pat Toomey will — and Bowden has made defeating him in November a priority.
"This kind of thing really burns me to the core," said Bowden, a 56-year-old Air Force veteran from Philadelphia. "I've already started planting the seed in people's heads that Sen. Toomey is one of those people in lockstep with the Republicans. This could give him a wake-up call that he could be vulnerable as well."
Democrats are pressuring senators in Pennsylvania, Ohio, New Hampshire, Illinois and Wisconsin to back down from their refusal to confirm or even consider Obama's nominee to succeed the late Antonin Scalia or face the consequences in November. In some states, they may get help from African-Americans who see the court battle as the latest GOP snub of Obama — one rooted in racism, which could galvanize a crucial component of the Democratic voting bloc.
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Mississippi court upholds Democratic primary ballot change
Attorney News |
2016/02/28 00:29
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The Mississippi Supreme Court upheld its ruling Friday that another candidate must be added to the March 8 Democratic presidential primary ballot.
The court, in a 6-3 ruling, said Secretary of State Delbert Hosemann doesn’t have to reissue already-sent absentee ballots to include Chicago businessman Willie Wilson’s name.
The ruling rejected Hosemann’s request that the court overturn its Thursday ruling, or at least allow him to resend absentee ballots including Wilson to roughly 200 military and other voters outside the country, so they would get the same ballot as voters at the polls. Absentee voting started Jan. 23 for those voters.
Hosemann said about 7,000 absentee ballots have also been sent to people in Mississippi.
“I am diametrically opposed to having different ballots,” Hosemann said.
Most counties vote electronically, but some use paper ballots that must be reprinted, and Hosemann’s office told the court changes would cost hundreds of thousands of dollars.
More than 7,000 voting machines have already been tested with a previously set ballot that lists five candidates in the Democratic presidential primary: Hillary Clinton, Roque “Rocky” De La Fuente, Martin O’Malley and Bernie Sanders. The ballot was prepared before O’Malley dropped out.
Mississippi law says the secretary of state puts nationally recognized presidential candidates on the Democratic and Republican primary ballots. Other presidential candidates can get on the ballot by submitting a petition with at least 500 signatures.
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California High Court Allows Gov. Jerry Brown's Prison Initiative
Legal Interview |
2016/02/27 00:29
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California's Supreme Court is allowing Gov. Jerry Brown's bid to put his plan to reduce the state's prison population before voters in November.
The high court acted Friday after Brown warned that further delay could push voters' consideration to 2018.
The justices put on hold a lower court ruling that barred the state attorney general from issuing the documents that would let Brown's supporters gather the signatures needed to put his initiative on this year's ballot.
The Sacramento-based judge ruled that Brown improperly amended a juvenile justice initiative. The Democratic governor added his proposal to increase sentencing credits for adult inmates and allow earlier parole for non-violent felons.
Brown says it is too late to start over and still collect the nearly 586,000 signatures needed for a ballot measure this year. |
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Court records: Apple's help sought in another iPhone case
Legal Business |
2016/02/25 17:19
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A federal magistrate in Chicago last November ordered Apple to help federal prosecutors access data on an iPhone in a personal bankruptcy and passport fraud case, one of more than a dozen cases around the country similar to the legal battle over the telephone of one of the San Bernardino shooting suspects.
Court records show U.S. Attorney Zachary Fardon filed a November 2015 motion saying law enforcement needed Apple's help to bypass the passcode to search, extract and copy data from an iPhone 5S owned by Pethinaidu and Parameswari Veluchamy, the Chicago Tribune reported.
An affidavit filed Nov. 13 said text messages, phone contacts and digital photos might help confirm wrongdoing. It also said data on the phone "may also provide relevant insight into the cellphone owner's state of mind as it relates to the offense under investigation."
The Chicago Sun-Times reported that U.S. Magistrate Judge Mary Rowland's order said Apple should provide authorities "reasonable technical assistance to enable law enforcement agents to obtain access to unencrypted data" She added Apple "may provide a copy of the encrypted data to law enforcement, but Apple is not required to attempt to decrypt, or otherwise enable law enforcement's attempts to access any encrypted data."
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German court ends fight over estate of Iran shah's 2nd wife
Court News |
2016/02/23 17:18
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A German court has ruled that the estate of the former shah of Iran's second wife, Soraya Esfandiari-Bakhtiari, belongs to her late brother's ex-chauffeur.
The ruling announced Tuesday by the Cologne state court comes nearly 15 years after Soraya's death. She named as heir her brother, Bijan Esfandiari, who lived in Cologne and died days after her. The court ruled that a short will the brother wrote in a notebook, naming his former chauffeur and private secretary as his heir, is valid.
The man had spent several years disputing part of the inheritance with relatives of Soraya. The court didn't specify its value.
Soraya married Shah Mohammed Reza Pahlavi in 1951. Seven years later, the shah repudiated her in an Islamic divorce after they failed to have children.
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Connecticut's top court hears Kennedy cousin murder case
Legal Topics |
2016/02/23 17:18
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Connecticut's highest court was hearing arguments Wednesday on whether Kennedy cousin Michael Skakel should get a new trial or be sent back to prison for a 1975 murder.
State prosecutors asked the state Supreme Court to reinstate the 2002 murder conviction against Skakel in the bludgeoning death of Martha Moxley when they were teenage neighbors in wealthy Greenwich.
Skakel, a nephew of Robert F. Kennedy's widow, Ethel, was freed on $1.2 million bail in 2013 when a lower court judge ordered a new trial after finding that Skakel's trial attorney failed to adequately represent him. He had been sentenced to 20 years to life in prison.
Skakel, 55, was seated in the gallery of the courtroom for the hearing, as was his cousin Robert F. Kennedy Jr.
Judge Thomas Bishop ruled that Skakel likely would have been acquitted if his trial lawyer, Michael Sherman, had focused more on his brother Thomas Skakel. Sherman has defended his work on the case.
Prosecutors are appealing Bishop's decision to the Supreme Court.
Thomas Skakel was an early suspect in the case, because he was the last person seen with Moxley and admitted he had a sexual encounter with her.
But prosecutors have said that highlighting Thomas Skakel's relationship with Moxley would have bolstered their argument that Michael Skakel killed her in a jealous rage.
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