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US appeals court revisits Texas voter ID law
Court Watch |
2016/05/24 16:41
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A federal appeals court is set to take a second look at a strict Texas voter ID law that was found to be unconstitutional last year.
Texas' law requires residents to show one of seven forms of approved identification. The state and other supporters say it prevents fraud. Opponents, including the U.S. Justice Department, say it discriminates by requiring forms of ID that are more difficult to obtain for low-income, African-American and Latino voters.
Arguments before the 5th U.S. Circuit Court of Appeals are set for Tuesday morning. The full court agreed to rehear the issue after a three-judge panel ruled last year that the law violates the Voting Rights Act.
Lawyers for Texas argue that the state makes free IDs easy to obtain, that any inconveniences or costs involved in getting one do not substantially burden the right to vote, and that the Justice Department and other plaintiffs have failed to prove that the law has resulted in denying anyone the right to vote.
Opponents counter in briefs that trial testimony indicated various bureaucratic and economic burdens associated with the law — for instance, the difficulty in finding and purchasing a proper birth certificate to obtain an ID. A brief filed by the American Civil Liberties Union cites testimony in other voter ID states indicating numerous difficulties faced by people, including burdensome travel and expenses to get required documentation to obtain IDs.
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Indiana court to hear woman's appeal of feticide conviction
Court Watch |
2016/05/21 16:42
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Attorneys for an Indiana woman found guilty of killing the premature infant she delivered after ingesting abortion-inducing drugs will ask an appeals court Monday to throw out the convictions that led to her 20-year prison sentence.
At issue is Indiana's feticide statute, which the defense says was "passed to protect pregnant women from violence" that could harm their developing fetus, not to prosecute women for their own abortions. The state says that law "is not limited to third-party actors" and can apply to pregnant women.
Attorneys for 35-year-old Purvi Patel will urge the Indiana Court of Appeals to reverse her 2015 convictions on charges of feticide and neglect of a dependent resulting in death. The state's attorney general's office will defend the northern Indiana jury's decision.
Patel, of Granger, was arrested in July 2013 after she sought treatment at a local hospital for profuse bleeding after delivering a 1½-pound infant boy and putting his body in a trash bin behind her family's restaurant. Court records show Patel purchased abortion-inducing drugs online through a pharmacy in Hong Kong, took those drugs and delivered a premature baby in her home bathroom.
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High court won't step into Mich. dispute over harness racing
Court Watch |
2016/04/30 03:23
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The Supreme Court won't step into a dispute between Michigan gaming officials and a group of harness racing drivers over allegations of race-fixing.
The drivers had refused to speak to state investigators without a grant of immunity from prosecution. The 6th U.S. Circuit Court of Appeals ruled last year that they had a constitutional right to remain silent.
Michigan officials argued that gaming officials did not have to grant immunity before taking action against the drivers. The drivers were never charged with any crimes.
The justices on Monday left in place the appeals court ruling. Harness racing is a form of horse racing.
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Supreme Court rejects challenge to Google's online library
Court Watch |
2016/04/17 21:41
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The Supreme Court turned away a challenge Monday to Google's online book library from authors who complained that the project makes it harder for them to market their work.
The justices let stand lower court rulings in favor of Mountain View, California-based Google and rejected the authors' claim that the company's digitizing of millions of books amounts to "copyright infringement on an epic scale."
Lower courts have said that Google can provide small portions of the books to the public without violating copyright laws.
The Authors Guild and individual authors first filed their challenge to Google's digital book project in 2005. Google Inc. has made digital copies of more than 20 million books from major research libraries and established a publicly available search function.
In October, the 2nd U.S. Circuit Court of Appeals in New York agreed with a judge who concluded that Google was not violating copyright laws when it showed customers small portions of the books. The authors said the project would spoil the market for their work.
The appeals court said that Google's "snippet view, at best and after a large commitment of manpower, produces discontinuous, tiny fragments, amounting in the aggregate to no more than 16% of a book. This does not threaten the rights holders with any significant harm to the value of their copyrights or diminish their harvest of copyright revenue."
The three-judge appeals panel did acknowledge, though, that some book sales would likely be lost if someone were merely searching for a portion of text to ascertain a fact.
Writers involved in the lawsuit include Jim Bouton, author of the best-seller "Ball Four," Betty Miles, author of "The Trouble with Thirteen," and Joseph Goulden, author of "The Superlawyers: The Small and Powerful World of Great Washington Law Firms."
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Despite court ruling, China gay rights movement makes gains
Court Watch |
2016/04/16 06:42
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For years, Chen Tiantian could only read about the gay rights movement in faraway places. She knew that there were activists in Beijing and a vibrant community in Shanghai, and that in San Francisco, a distant mecca, gay pride parades took up entire streets.
But on Wednesday, the 20-year-old English major sat on the steps of a courthouse and spoke fervently about how the struggle for equality had arrived in her central Chinese hometown — and how she planned to take part.
"It's hard to believe, but we're right in the middle of this," said Chen, who is lesbian and came with several friends to support a local couple who had challenged the city's civil affairs bureau after they were denied a marriage certificate. "It's like I'm finally entering the struggle myself."
Though it was dismissed by the court in Changsha, China's first legal challenge to a law limiting marriage to opposite-sex couples has galvanized many of the hundreds of young Chinese gay rights supporters who gathered at the courthouse, some of them waving small rainbow flags. The hearing's sizable public turnout and coverage by usually conservative Chinese media appeared to reflect early signs of shifting social attitudes in China on the topic of sexual orientation.
The lawsuit that was dismissed was brought by 26-year-old Sun Wenlin against the civil affairs bureau for refusing to issue him and his partner, Hu Mingliang, a marriage registration certificate. The judge's ruling against the couple came down after a three-hour hearing — but that didn't dampen the mood of many of the hundreds of young Chinese who gathered outside the courthouse hoping for a chance to "witness history," in the words of one supporter.
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Court sends part of Wisconsin voter ID case back to judge
Court Watch |
2016/04/11 06:44
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A judge must consider whether Wisconsin's voter photo identification law applies to people who face daunting obstacles in obtaining identification, a three-judge federal appellate panel ruled Tuesday.
The American Civil Liberties Union and the National Law Center for Homelessness and Poverty filed a federal lawsuit in 2011 challenging the law. U.S. District Judge Lynn Adelman struck the law down in April 2014, saying it unfairly burdens poor and minority voters who may lack such identification.
But a three-judge panel from the 7th Circuit U.S. Court of Appeals ultimately reversed him and upheld the law that October, ruling Wisconsin's law is substantially similar to one in Indiana that the U.S. Supreme Court declared constitutional. The law was in effect for last week's presidential primary.
The ACLU and the national homeless center have continued to argue, however, that voters who face stiff hurdles in getting a photo ID should be allowed to vote by affidavit. They say those voters include people who can't obtain IDs because of name mismatches or other errors in birth certificates or other necessary documents; those who need a credential from another agency such as the Social Security Administration that they can't get without a state photo ID; or those who need a document that no longer exists. |
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Court upholds total population count in electoral districts
Court Watch |
2016/04/04 17:33
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A unanimous Supreme Court ruled Monday that states can count everyone, not just eligible voters, in deciding how to draw electoral districts.
The justices turned back a challenge from Texas voters that could have dramatically altered political district boundaries and disproportionately affected the nation's growing Latino population.
The court ruled that Texas' challenged state Senate districting map, using total population, complied with the principle of "one person, one vote," the requirement laid out by the Supreme Court in 1964 that political districts be roughly equal in population.
The issue, though, was what population to consider: everyone or just eligible voters.
The challengers said the districts had vastly different numbers when looking at eligible voters, in violation of the Constitution.
"Jurisdictions, we hold, may design state and local legislative districts with equal total populations; they are not obliged to equalize voter populations," Justice Ruth Bader Ginsburg said, summarizing her opinion for the court.
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