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Demonstrators gather for Heathrow expansion court challenge
Attorney News |
2019/03/09 15:49
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A challenge against British government plans to expand Heathrow Airport through the construction of a third runway has begun in one of the country's highest courts.
A coalition of local councils, environmentalists and London residents claim the government has failed to properly address the impact on air quality, climate change, noise and congestion that expansion would bring.
London Mayor Sadiq Khan is also backing the lawsuit. Demonstrators gathered outside the High Court on Monday for the first day of a two-week hearing.
Parliament approved plans last year for the third runway, backing what the government described as the most important transportation project in a generation.
Prime Minister Theresa May has said the expansion will boost economic growth.
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Oregon's high court: Developers can't offset harm to farmers
Attorney News |
2019/03/04 06:37
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The Oregon Supreme Court has ruled that negative impacts on Oregon's farmers from non-farm development can't be offset by making payments.
The Capital Press reported Friday that the court also ruled this week that it's not enough for a development to avoid taking away agriculturally-zoned land. A project also can't change costs or agricultural practices for farmers.
The ruling settles a lawsuit filed over a planned expansion of a landfill in Yamhill County that would affect nearby farms and orchards.
Waste Management, the owner of the Riverbend Landfill, is reviewing the Oregon Supreme Court's ruling.
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Court records reveal a Mueller report right in plain view
Attorney News |
2019/02/24 15:33
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The Democrats had blamed Russia for the hacking and release of damaging material on his presidential opponent, Hillary Clinton. Trump wasn’t buying it. But on July 27, 2016, midway through a news conference in Florida, Trump decided to entertain the thought for a moment.
“Russia, if you’re listening,” said Trump, looking directly into a television camera, “I hope you’re able to find the 30,000 emails that are missing” — messages Clinton was reported to have deleted from her private email server.
Actually, Russia was doing more than listening: It had been trying to help Republican Trump for months. That very day, hackers working with Russia’s military intelligence tried to break into email accounts associated with Clinton’s personal office.
It was just one small part of a sophisticated election interference operation carried out by the Kremlin — and meticulously chronicled by special counsel Robert Mueller.
We know this, though Mueller has made not a single public comment since his appointment in May 2017. We know this, though the full, final report on the investigation, believed to be in its final stages, may never be made public. It’s up to Attorney General William Barr.
We know this because Mueller has spoken loudly, if indirectly, in court — indictment by indictment, guilty plea by guilty plea. In doing so, he tracked an elaborate Russian operation that injected chaos into a U.S. presidential election and tried to help Trump win the White House. He followed a GOP campaign that embraced the Kremlin’s help and championed stolen material to hurt a political foe. And ultimately, he revealed layers of lies, deception, self-enrichment and hubris that followed. |
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Court: Constitutional ban on high fines applies to states
Attorney News |
2019/02/16 17:32
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The Supreme Court ruled unanimously Wednesday that the Constitution's ban on excessive fines applies to the states, an outcome that could help efforts to rein in police seizure of property from criminal suspects.
Justice Ruth Bader Ginsburg wrote the court's opinion in favor of Tyson Timbs, of Marion, Indiana. Police seized Timbs' $40,000 Land Rover when they arrested him for selling about $400 worth of heroin.
Reading a summary of her opinion in the courtroom, Ginsburg noted that governments employ fines "out of accord with the penal goals of retribution and deterrence" because fines are a source of revenue. The 85-year-old justice missed arguments last month following lung cancer surgery, but returned to the bench on Tuesday.
Timbs pleaded guilty, but faced no prison time. The biggest loss was the Land Rover he bought with some of the life insurance money he received after his father died.
Timbs still has to win one more round in court before he gets his vehicle back, but that seems to be a formality. A judge ruled that taking the car was disproportionate to the severity of the crime, which carries a maximum fine of $10,000. But Indiana's top court said the justices had never ruled that the Eighth Amendment's ban on excessive fines — like much of the rest of the Bill of Rights — applies to states as well as the federal government.
The case drew interest from liberal groups concerned about police abuses and conservative organizations opposed to excessive regulation. Timbs was represented by the libertarian public interest law firm Institute for Justice.
"The decision is an important first step for curtailing the potential for abuse that we see in civil forfeiture nationwide," said Sam Gedge, a lawyer with the Institute for Justice.
Law enforcement authorities have dramatically increased their use of civil forfeiture in recent decades. When law enforcement seizes the property of people accused of crimes, the proceeds from its sale often go directly to the agency that took it, the law firm said in written arguments in support of Timbs. |
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Ginsburg makes 1st public appearance since cancer surgery
Attorney News |
2019/02/03 02:13
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Supreme Court Justice Ruth Bader Ginsburg is making her first public appearance since undergoing lung cancer surgery in December.
The 85-year-old Ginsburg is attending a concert at a museum a few blocks from the White House that is being given by her daughter-in-law and other musicians. Patrice Michaels is married to Ginsburg’s son, James. Michaels is a soprano and composer.
The concert is dedicated to Ginsburg’s life in the law.
Ginsburg had surgery in New York on Dec. 21. She missed arguments at the court in January, her first illness-related absence in more than 25 years as a justice.
She has been recuperating at her home in Washington since late December.
Ginsburg had two previous bouts with cancer. She had colorectal cancer in 1999 and pancreatic cancer in 2009.
The justice sat in the back of the darkened auditorium at the National Museum of Women in the Arts.
The National Constitution Center, which sponsored the concert, did not permit photography.
James Ginsburg said before the concert that his mother is walking a mile a day and meeting with her personal trainer twice a week.
The performance concluded with a song set to Ginsburg’s answers to questions.
In introducing the last song, Michaels said, “bring our show to a close, but not the epic and notorious story of RBG.”
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No-cost birth control, now the norm, faces court challenges
Attorney News |
2019/01/16 01:32
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Millions of American women are receiving birth control at no cost to them through workplace health plans, the result of the Obama-era Affordable Care Act, which expanded access to contraception.
The Trump administration sought to allow more employers to opt out because of religious or moral objections. But its plans were put on hold by two federal judges, one in Pennsylvania and the other in California, in cases that could eventually reach the Supreme Court.
The judges blocked the Trump policy from going into effect while legal challenges from state attorneys general continue.
Here's a look at some of the issues behind the confrontation over birth control, politics and religious beliefs:
Well into the 1990s many states did not require health insurance plans to cover birth control for women.
"Plans were covering Viagra, and they weren't covering birth control," said Alina Salganicoff, director of women's health policy with the nonpartisan Kaiser Family Foundation.
By the time President Barack Obama's health law passed in 2010, employers and insurers largely began covering birth control as an important part of health care for women.
The ACA took that a couple of steps further. It required most insurance plans to cover a broad range of preventive services, including vaccinations and cancer screenings, but also women's health services. And it also required such preventive services to be offered at no charge. |
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Supreme Court will hear Wisconsin drunk driving case
Attorney News |
2019/01/12 06:51
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The Supreme Court has agreed to hear a challenge to a Wisconsin drunk driving law that has parallels in other states.
Wisconsin law says law enforcement officials can draw blood from an unconscious driver without a warrant if they suspect the person was driving drunk.
The case the court agreed Friday to hear involves Gerald Mitchell. He was arrested in Sheboygan for driving while intoxicated in 2013 in Wisconsin. Mitchell was too drunk to take a breath test and became unconscious after being taken to a hospital. His blood was then drawn without a warrant. Mitchell was ultimately convicted of driving while intoxicated.
Mitchell says the blood draw was a search that violated his constitutional rights, but Wisconsin’s Supreme Court upheld his convictions. Mitchell says 29 states have similar laws. |
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