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High court seems to lean against West Virginia in tax case
Legal Topics |
2018/12/03 01:01
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The Supreme Court seemed inclined Monday to side with a retired U.S. marshal who argues West Virginia is discriminating against former federal law enforcement officers like him by giving a more generous tax break to former state law enforcement officers.
James Dawson says West Virginia currently exempts the vast majority of state law enforcement retirees — including police and firefighters — from paying income tax on their retirement benefits. But retired U.S. Marshals Service employees like him don't get that perk. Dawson has to pay income tax on his retirement benefits except for the first $2,000 annually, which is tax free.
Dawson says federal law prohibits West Virginia from taxing his retirement income more heavily than it taxes the retirement income of those who did a similar job working for the state.
During arguments before the Supreme Court on Monday, both conservative and liberal justices seemed more willing to side with Dawson. Justice Neil Gorsuch asked West Virginia's attorney Lindsay See why looking at the text of the federal law wasn't "game over," ending the case in Dawson's favor. And Justice Stephen Breyer listed a number of those getting better tax treatment than Dawson.
"It's not just the state police. It's also the local police. It's everybody in law enforcement almost. And they can get into it and the feds can't. Why isn't that just the end of it?" Breyer said.
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Supreme Court sends bar fees case back for further look
Legal Topics |
2018/11/29 01:02
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The Supreme Court is telling a lower court to take another look at a case challenging mandatory fees lawyers pay to a state bar association.
The case the justices sent back for further consideration Monday involves North Dakota attorney Arnold Fleck, who sued after learning that bar fees were being used to oppose a ballot measure he supported. Fleck says he should have to affirmatively consent to paying for the bar association's political activities instead of being able to opt out.
North Dakota's fees range from $325 to $380. Lawyers who don't want to support the bar's political activities can deduct about $10.
The justices say the 8th U.S. Circuit Court of Appeals should reconsider the case in light of a recent Supreme Court ruling about fees paid to unions.
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No holiday respite for Trump's criticism of nation's courts
Legal Topics |
2018/11/23 05:48
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President Donald Trump and Supreme Court Chief Justice John Roberts are engaging in an extraordinary public dispute over the independence of America's judiciary, with Roberts bluntly rebuking the president for denouncing a judge who rejected Trump's migrant asylum policy as an "Obama judge."
Trump, still seething over that Monday ruling, began his Thanksgiving Day by asserting that the courts should defer to his administration and law enforcement on border security because judges "know nothing about it and are making our Country unsafe."
And taking aim at a co-equal branch of government, Trump said "Roberts can say what he wants" but the largest of the federal appellate courts, based in San Francisco and with a majority of judges appointed by Democratic presidents, "is a complete & total disaster." That's where an appeal of the asylum ruling would normally go.
Roberts had issued a strongly worded statement Wednesday defending judicial independence and contradicting Trump over his claim that judges are partisans allied with the party of the president who nominated them. Never silent for long, Trump responded with a "Sorry Justice Roberts" tweet.
The dustup is the first time that Roberts, the Republican-appointed leader of the federal judiciary, has offered even a hint of criticism of Trump, who has several times gone after federal judges who have ruled against him.
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Heated congressional, court races on Arkansas midterm ballot
Legal Topics |
2018/11/03 13:12
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A push by Democrats to flip a Republican-held congressional seat that represents the Little Rock area and a state Supreme Court race that has drawn heavy spending by a conservative interest group have drawn the most attention in Arkansas' midterm election.
The campaigns for the 2nd Congressional District and state Supreme Court seats became increasingly bitter and expensive in the run-up to Tuesday's election, especially from outside groups that have been airing attack ads and sending mailers. The races have overshadowed an election in which Democrats face long odds of making gains in the solidly Republican state.
The secretary of state's office hasn't predicted how many of Arkansas' nearly 1.8 million registered voters will cast ballots in the election, but more than 350,000 had voted early through Friday.
Republicans have a solid hold on Arkansas' four U.S. House seats and President Donald Trump easily won the state two years ago, but Democrats believe they have a chance to flip a Little Rock-area district by focusing on the incumbent's vote to repeal the federal health care law.
Democrat Clarke Tucker is trying to unseat two-term Republican Rep. French Hill in the 2nd Congressional District, which represents Little Rock and seven surrounding counties. Tucker is a state legislator who regularly talks about his battle with bladder cancer and his support for the Affordable Care Act, especially its protections for those with pre-existing conditions
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Supreme Court agrees to hear Maryland cross memorial case
Legal Topics |
2018/11/02 13:14
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The Supreme Court agreed Friday to hear a case about whether a nearly 100-year-old, cross-shaped war memorial located on a Maryland highway median violates the Constitution's required separation of church and state, a case that could impact hundreds of similar monuments nationwide.
A federal appeals court in Virginia had previously ruled against the approximately four-story-tall cross. The judges said that it "has the primary effect of endorsing religion and excessively entangles the government in religion."
But the Maryland officials who maintain the memorial told the Supreme Court that the monument's context and history show it is intended to convey a secular message of remembrance, not a religious message. They said the appeals court's decision would "compel the removal or dismemberment of a cherished war memorial that has served as a site of solemn commemoration and civic unity for nearly a century." In urging the high court to take the case, officials argued that the lower court's decision puts at risk hundreds of other monuments nationwide.
The approximately 40-foot-tall cross at the center of the case is located in Bladensburg, Maryland, about 5 miles from the Supreme Court. Sometimes called the "Peace Cross," it was completed in 1925, and it honors 49 men from the surrounding county who died in World War I. A plaque on the cross' base lists the names of those soldiers, and both faces of the cross have a circle with the symbol of the American Legion, the veterans organization that helped raise money to build it.
Today, responsibility for the cross falls to a Maryland parks commission that took over ownership and maintenance of it in 1961 because of traffic safety concerns. The massive concrete structure could be dangerous to motorists if it were to fall or crumble. |
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N Carolina justices to take case on Court of Appeals number
Legal Topics |
2018/10/29 12:23
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North Carolina's highest court says it will hear arguments on whether the legislature can trim judgeships from the state's intermediate-level appeals court through attrition.
The state Supreme Court says it will take up litigation from Democratic Gov. Roy Cooper against Republican legislative leaders challenging a 2017 law reducing the Court of Appeals from 15 judges to 12 as retirements and other vacancies occur.
The governor usually gets to name replacements, but that wouldn't happen with the next three openings. The majority on a trial court panel last spring upheld the law.
The Supreme Court agreed Friday to hear the case without it first going through the Court of Appeals itself. Cooper's lawyers said bypassing the Court of Appeals would eliminate any appearance of impropriety to rule on its own membership.
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Virginia top court to hear 'unrestorably incompetent' case
Legal Topics |
2018/10/23 03:42
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More than 13 years after a 16-year-old girl was found raped and murdered, the case of the man whose DNA was found at the scene is heading to the Virginia Supreme Court.
The Richmond Times-Dispatch reports 46-year-old Oswaldo Elias Martinez has never stood trial in Brittany Binger's 2005 death. Deemed incompetent because he can't speak or hear, he's been held in jail and mental hospitals.
Martinez's lawyers want his capital murder charge dismissed. Their filing says the state law used to hold him permits detention only for "medical" treatment to restore competency.
The state tried to teach Martinez sign language to assist in his defense. Commonwealth's Attorney Nate Green says someone "unrestorably incompetent" who's charged with capital murder and poses a danger must continue along the restoration process. |
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