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High court won’t extend Wisconsin’s absentee ballot deadline
Law Firm News |
2020/10/27 16:39
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The Supreme Court is siding with Republicans to prevent Wisconsin from counting mailed ballots that are received after Election Day. In a 5-3 order, the justices on Monday refused to reinstate a lower court order that called for mailed ballots to be counted if they are received up to six days after the Nov. 3 election. A federal appeals court had already put that order on hold.
The three liberal justices dissented from the order that the court issued just before the Senate started voting on Amy Coney Barrett’s Supreme Court nomination. Chief Justice John Roberts last week joined the liberals to preserve a Pennsylvania state court order extending the absentee ballot deadline but voted the other way in the Wisconsin case, which has moved through federal courts.
“Different bodies of law and different precedents govern these two situations and require, in these particular circumstances, that we allow the modification of election rules in Pennsylvania but not Wisconsin,” Roberts wrote. Democrats argued that the flood of absentee ballots and other challenges posed by the coronavirus pandemic makes it necessary to extend the period in which ballots can be counted. Wisconsin is one of the nation’s hot spots for COVID-19, with hospitals treating a record high number of patients with the disease.
Republicans opposed the extension, saying that voters have plenty of opportunities to cast their ballots by the close of polls on Election Day and that the rules should not be changed so close to the election. Wisconsin Democratic Party Chairman Ben Wikler responded to the ruling by pledging Democrats would be “dialing up a huge voter education campaign” to prod roughly 360,000 people who hadn’t yet returned absentee ballots to hand-deliver them by 8 p.m. on Election Day, or to vote in person.
State Republican Party Chairman Andrew Hitt praised the ruling. “Absentee voting in Wisconsin is extremely easy and hundreds of thousands of people have done it already- last-minute attempts to change election laws only cause more voter confusion and erode the integrity of our elections,” he said in a statement.
The justices often say nothing, or very little, about the reasons for their votes in these emergency cases, but on Monday, four justices wrote opinions totaling 35 pages to lay out their competing rationales. |
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Philadelphia victim’s family sought ambulance, not police
Court News |
2020/10/27 16:38
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The family of a Black man killed when Philadelphia police officers fired a dozen rounds in a shooting caught on video had called for an ambulance to get him help with a mental health crisis, not for police intervention, their lawyer said Tuesday. Additionally, Walter Wallace’s wife is pregnant and is scheduled to have labor induced in coming days, the lawyer, Shaka Johnson, told reporters from the steps of a family home. Wallace’s father planned a statement later Tuesday, Johnson said. Philadelphia officials anticipated a second night of unrest Tuesday, and a Pennsylvania National Guard spokesperson told The Inquirer that several hundred guardsmen were expected to arrive in the city within 24 to 48 hours.
Chief Police Inspector Frank Vanore said earlier at a news conference that police had received a call Monday about a man screaming and that he was armed with a knife. The two officers each fired at least seven rounds — at least 14 total shots — but could not say how many times Wallace, 27, was struck. Wallace’s father, Walter Wallace Sr., earlier told The Philadelphia Inquirer that his son was on medication and struggled with his mental health. "Why didn’t they use a Taser?” he asked.
The officers had not been interviewed as of Tuesday afternoon, Police Commissioner Danielle Outlaw said. She said the officers’ names and other identifying information, including their race, would be withheld per department policy until the department could be sure releasing the information would not pose a threat to their safety. Neither officer had a Taser or similar device, with Outlaw saying the department has previously asked for funding to equip more officers with those devices.
Wallace was shot before 4 p.m. Monday in an episode filmed by a bystander and posted on social media. Witnesses complained that police fired excessive shots. Police arrested at least 91 people during unrest Monday night and Tuesday morning, with three people cited for failing to disperse and about a dozen charged with assault of an officer. Police had previously said 30 officers were injured in the unrest, most of them hit with thrown objects like bricks. One officer was still hospitalized Tuesday with a broken leg after being purposely run over by a pickup truck, police said.
Officials with the Fraternal Order of Police, the union representing officers in Philadelphia, said the officer injuries were unacceptable and called for public patience as the investigation into the shooting continued. Officers said they found Wallace holding a knife and ordered him to drop the weapon several times.
Wallace advanced toward the officers, who fired several times, said Officer Tanya Little, a police spokesperson. In the video, a woman and at least one man follow Wallace, trying to get him to listen to officers, as he briskly walks across the street and between cars. The woman, identified by family members as Wallace’s mother, screams and throws something at an officer after her son is shot and falls to the ground. |
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German arrest order for Panama Papers lawyers faces hurdle
Court News |
2020/10/24 21:39
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A German arrest order for two Panamanian lawyers whose firm was at the center of an international tax evasion scandal faces a substantial obstacle: Panama’s constitution prohibits the extradition of its citizens.
Juergen Mossack and Ramón Fonseca are sought by Cologne prosecutors on charges of being an accessory to tax evasion and forming a criminal organization. “They have constitutional protection,” Alvin Weeden, a lawyer in Panama, said Wednesday. “Technically, there’s no possibility.”
Mossack and Fonseca already face prosecution in Panama and are prohibited from leaving the country while out on bond after spending two months in jail. That case stems from allegations they helped create a corporation to hide money used for bribes by the Brazilian construction company Odebrecht as well as fallout from the so-called Panama Papers scandal.
The Panama Papers include a collection of 11 million secret financial documents leaked in 2016 that illustrated how some of the world’s richest people hide their money. It brought scrutiny to a number of world leaders and was a hit to Panama’s reputation.
Interpol’s office in Panama did not immediately respond to a request for comment about whether it had received an alert from German authorities about the case in Germany against Mossack and Fonseca.
In a statement, Mossack and Fonseca said their firm had sold corporations to a German bank that later resold them to clients. They said they had nothing to do with subsequent transactions.
“If one these ultimate beneficiaries evaded taxes in their country or committed some other crime using a corporation created by us, that is totally out of our control and knowledge,” said the statement issued by their lawyer in Panama, Guillermina McDonald. “We follow all of the processes required by regulators of our industry in their moment.”
Mossack and Fonseca announced the closure of their offices in Panama and elsewhere in the world in March 2018.
In the statement Tuesday night, they said they were willing to continue collaborating with investigations in any part of the world. McDonald said she did not know if they would be willing to appear before German authorities. Mossack and Fonseca maintain the German case is part of continuing efforts by the European Union to discredit them. In February, the European Union again included Panama on a list of countries that are tax havens.
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Michigan court blocks 2-week absentee ballot extension
U.S. Court News |
2020/10/20 09:50
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Absentee ballots must arrive by Election Day to be counted, the Michigan Court of Appeals said Friday, blocking a 14-day extension that had been ordered by a lower court and embraced by key Democratic officials in a battleground state. Any changes must rest with the Legislature, not the judiciary, the Republican-appointed appeals court judges said in a 3-0 opinion.
Absentee ballot extensions in Wisconsin and Indiana have also been overturned by higher courts. Michigan’s ability to handle a flood of ballots will be closely watched in a state that was narrowly won by President Donald Trump in 2016. Secretary of State Jocelyn Benson last week said 2.7 million people had requested absentee ballots, a result of a change in law that makes them available to any voter.
Michigan law says absentee ballots must be turned in by 8 p.m. on Election Day to be valid. But Court of Claims Judge Cynthia Stephens had ordered that any ballots postmarked by Nov. 2 could be counted if they arrived within two weeks after the Nov. 3 election.
Stephens said there was “unrefuted evidence” about mail delivery problems because of the coronavirus pandemic. She said more than 6,400 ballots arrived too late to be counted in the August primary. The appeals court, however, said the pandemic and any delivery woes “are not attributable to the state.”
“Although those factors may complicate plaintiffs’ voting process, they do not automatically amount to a loss of the right to vote absentee,” the court said, noting that hundreds of special boxes have been set up across Michigan. The court also reversed another portion of Stephens’ decision, which would have allowed a non-family member to deliver a completed ballot in the final days before the election if a voter consented.
“The constitution is not suspended or transformed even in times of a pandemic, and judges do not somehow become authorized in a pandemic to rewrite statutes or to displace the decisions made by the policymaking branches of government,” Judge Mark Boonstra said in a separate, 10-page concurring opinion.
Benson and Michigan Attorney General Dana Nessel, both Democrats, had declined to appeal Stephens’ rulings, leaving it to the Republican-controlled Legislature to intervene. |
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