Supreme Court rejects Blagojevich appeal in corruption case
Court Watch | 2016/03/26 16:45
The Supreme Court on Monday rejected former Illinois Gov. Rod Blagojevich's appeal of his corruption convictions that included his attempt to sell the vacant Senate seat once occupied by President Barack Obama.
 
The justices let stand an appeals court ruling that found Blagojevich crossed the line when he sought money in exchange for naming someone to fill the seat. Blagojevich, 59, is serving a 14-year sentence at a federal prison in Colorado.

A federal appeals court last year threw out five of his 18 convictions and Blagojevich was hoping the Supreme Court would consider tossing the rest. His lawyers argued in an 83-page November filing that the line between the legal and illegal trading of political favors has become blurred, potentially leaving politicians everywhere subject to prosecution.

The appeal to the high court was a last slim hope for Blagojevich, who has proclaimed his innocence for years. Since his 2008 arrest and through his two trials, Blagojevich has argued he was participating in legal, run-of-the-mill politicking.

Blagojevich meanwhile is awaiting a resentencing ordered in July by the 7th U.S. Circuit Court of Appeals in Chicago when it ruled to toss the five convictions.

The Supreme Court hears only around 80 cases a year out of more than 10,000 requests and typically accepts cases that raise weighty and divisive legal issues.



RNC launches campaign to oppose Obama's Supreme Court pick
Court Watch | 2016/03/14 22:58
The Republican Party is launching a campaign to try to derail President Barack Obama's nominee to the Supreme Court, teaming up with a conservative opposition research group to target vulnerable Democrats and impugn whomever Obama picks.

A task force housed within the Republican National Committee will orchestrate attack ads, petitions and media outreach to bolster a strategy that Senate Republicans adopted as soon as Justice Antonin Scalia died last month: refusing to consider an Obama nominee out of hopes that the next president will be a Republican.

The RNC will contract with America Rising Squared, an outside group targeting Democrats that's run by a longtime aide to GOP Sen. John McCain. GOP chairman Reince Priebus said it would be the most comprehensive judicial response effort in the party's history.

Priebus said the RNC would "make sure Democrats have to answer to the American people for why they don't want voters to have a say in this process."

Obama is expected to announce his pick as early as this week, touching off a heated election-year battle as Obama and Democrats try to pressure Republicans into relenting and allowing hearings and a vote. Advocacy groups on both sides are primed to unleash an onslaught of activity aimed at rallying public support, and a number of former top Obama advisers have been drafted to run the Democratic effort.

RNC officials said that in addition to scouring the nominee's history for anything that can be used against him or her, the party will also work to portray Democrats as hypocritical, dredging up comments that Vice President Joe Biden and other Democrats made in previous years suggesting presidents shouldn't ram through nominees to the high court in the midst of an election.



Court declines stay in redistricting; Congress elections off
Court Watch | 2016/02/17 17:17
The U.S. Supreme Court refused Friday night to stop a lower-court order demanding North Carolina legislators draw a new congressional map, meaning House primary elections won't occur next month as scheduled and are shifted to June.

The denial of the request by state of North Carolina attorneys for the justices to intervene came just hours after Republican lawmakers meeting in Raleigh voted for redrawn boundaries as a safeguard to comply with a federal court ruling that called two majority black districts racial gerrymanders. A new congressional elections calendar also was approved.

The General Assembly reconvened and passed a new map because a three-judge panel had ordered a replacement by Friday.

State attorneys argued that absentee ballots already were being requested for the March 15 primary election, and blocking districts used since 2011 would create electoral chaos and a costly separate House primary later in the year. But voters who sued over the boundaries said they shouldn't have to vote in illegal districts for another election cycle, like in 2012 and 2014.

The refusal — a one-sentence decision that said Chief Justice John Roberts had referred the request to the entire court — means the congressional primary elections will now occur June 7 under new boundaries that put two incumbents in the same district and seriously jeopardize the re-election of Democratic Rep. Alma Adams, who is now living in a strong Republican district.

Mollie Young, a spokeswoman for GOP House Speaker Tim Moore, said the legislative leaders' attorneys would review the decision before making a comment.



Court gunman's children face sentencing for cyberstalking
Court Watch | 2016/02/13 17:17
A man whose ex-wife was gunned down by his father at a Delaware courthouse after a bitter custody battle that included international kidnapping is facing sentencing along with his sister on federal cyberstalking charges.

David Matusiewicz and Amy Gonzalez were to be sentenced Thursday. Their mother, Lenore Matusiewicz, was sentenced to life in prison last week.

All three were convicted of conspiracy and cyberstalking resulting in the 2013 death of David's ex-wife, Christine Belford. Prosecutors say the cyberstalking convictions were unprecedented.

Thomas Matusiewicz, David's father, fatally shot Belford and a friend as they arrived for a support hearing involving the three daughters Belford had with David.

Thomas Matusiewicz then traded gunfire with police before killing himself. His widow and children have denied knowing that he planned to kill Belford.


Court weighs practice of Christian prayers at meetings
Court Watch | 2016/02/01 00:41
A federal appeals court is grappling with the constitutionality of prayers at local council meetings for the first time since the U.S. Supreme Court upheld a similar case in 2014.

Oral arguments were held Wednesday before a three-judge panel of the 4th Circuit Court of Appeals in the challenge of a North Carolina county commission's practice of starting meetings with prayers that almost always referred to Christianity.  

The American Civil Liberties Union sued the Rowan County Commission in 2013 on behalf of people who said the prayers were coercive and discriminatory.

The Supreme Court recently upheld Christian prayers at local town council meetings in New York, but the ACLU says the latest case is different.


Rome court acquits ex-Vatican accountant of corruption
Court Watch | 2016/01/19 07:29
A lawyer for an Italian monsignor who was fired from his Vatican accountant's job says a Rome court has acquitted his client of corruption.

Prosecutors alleged Monsignor Nunzio Scarano was involved in a purported plot to use a private plane to try to smuggle 20 million euros (about $22 million) from Switzerland into Italy to evade taxes. They suspected the money was deposited in Switzerland to avoid Italian taxes.

Defense lawyer Silverio Sica says Scarano was acquitted of the corruption charge on Monday. According to Sica, the court convicted Scarano of slander and gave him a suspended two-year sentence.

Separately, Scarano is on trial in Salerno, Italy, for allegedly using his Vatican bank accounts to launder money. Italian prosecutors said the once highly-secretive Vatican bank amply cooperated in that case.










ACLU to appeal court ruling in Missouri drug testing case
Court Watch | 2015/12/21 17:29
The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.

Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.

“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”

The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.

The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”

When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”

Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.

U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow.


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