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Hot-button social issues highlight state ballots
Legal Line News | 2008/10/28 19:42
pSocial issues so volatile that the presidential campaigns sidestepped them will be on the ballots in several states next week, including measures that would criminalize most abortions, outlaw affirmative action and ban same-sex marriage in California, one of only three states that allows it./ppIn all, there are 153 proposals on ballots in 36 states./ppIn Washington, voters will decide whether to join Oregon as the only states offering terminally ill people the option of physician-assisted suicide. Massachusetts has three distinctive measures on its ballot — to ban dog racing, ease marijuana laws and scrap the state income tax, a step that could unleash budgetary tumult./ppThe main presidential rivals, Democrat Barack Obama and Republican John McCain, have rarely made proactive comments during the campaign about same-sex marriage or affirmative action — issues on which the public is deeply divided. Abortion also has seemed like an uncomfortable topic for them at times, although Obama makes clear he supports abortion rights and McCain says he would like to ban most abortions./ppBut in a half-dozen states, these three issues are front and center./p


Chicago torture victims face uphill legal battle
U.S. Court News | 2008/10/27 19:42
Melvin Jones says he screamed and begged for mercy as Chicago police touched metal clips to his feet and thighs, churned a hand-cranked device and sent shock waves of electricity through his body more than 25 years ago.pHe says he was told the torture would stop when he confessed to murder./ppJones is among the dozens of alleged torture victims who have little hope of winning compensation, despite the arrest this week of a former police commander who officials say lied about the abuse./ppSome have already completed prison terms for crimes they claim they confessed to only after police beat or electrocuted them. More than 20 remain in prison./ppBut the indictment of former police Lt. Jon Burge — while a moral victory — is unlikely to spring anyone from prison soon or prompt any quick settlement of claims for damages, lawyers for alleged torture victims say./ppThe state attorney general's office hasn't agreed to new trials for those claiming coerced confessions and the city opposes paying damages to alleged victims, they say./p


Senate Democrats subpoena Mukasey over detainees
Legal Opinions | 2008/10/21 19:44
Senate Democrats on Tuesday subpoenaed Attorney General Michael Mukasey for testimony and documents about the Justice Department's legal advice to the White House on detention and interrogation policies since the 9/11 terrorist attacks.pSenate Judiciary Committee Chairman Patrick Leahy, D-Vt., complained to Mukasey that after five years of efforts to glean the information, the committee still has seen only a fraction of the documents it is seeking./ppThere is no legitimate argument for withholding the requested materials from this committee, Leahy wrote in a letter to Mukasey that accompanied the subpoena./ppThe Justice Department blasted the subpoena as a partisan move./ppWe have worked in good faith over the past several months to see that the Judiciary Committee's legitimate oversight requests were being met in a manner consistent with the Justice Department's equally legitimate and long-standing need to provide confidential legal advice within the executive branch, department spokesman Brian Roehrkasse said. We will now assess our next steps./p


Ohio top court mulls Planned Parenthood files
U.S. Court News | 2008/10/08 07:19
Ohio Supreme Court justices appeared skeptical Tuesday that an abortion clinic's medical records on other patients are relevant to a lawsuit brought by parents of a 14-year-old girl who had an abortion without their consent.pLawyers for the girl's family argued that the information they seek is necessary to prove that Planned Parenthood of Cincinnati had a pattern of violating Ohio's parental consent law and failing to report abuse. The unusual case pits a single plaintiff against the privacy interests of a decade's worth of patients./ppPlanned Parenthood attorney Daniel Buckley says the clinic has a legal obligation to protect the privacy of its clients' records./ppCharles Miller, an attorney for the parents, told the justices the plaintiffs seek only three facts about other minors treated at the clinic: the girl's age, whether she had a sexually transmitted disease, and whether she entered the clinic pregnant. He said about 200 cases a year would be involved./ppChief Justice Thomas Moyer questioned how any of those three details would advance the family's case for damages./ppWhere's the linkage? he asked./ppThe court did not indicate when it would rule./ppThe case involves a girl who was 14 at the time of her abortion in 2004, when the state's parental consent law had not been completely settled by the courts. She had been impregnated by her 21-year-old youth soccer coach, John Haller./ppThe family's lawsuit accuses the Planned Parenthood clinic of failing to get parental consent, report suspected abuse or to inform the girl of risks and alternatives. It seeks unspecified damages./ppCourt records say the girl gave Haller's cell phone number as her father's, and clinic officials thought they had reached the father when they called inquiring about parental consent. Haller was later convicted on seven counts of sexual battery./ppAn appeals court ruled last year that records on other patients weren't necessary for the family's lawsuit./p


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