|
|
|
Texas court: Virus fear alone not enough for mail balloting
Legal Line News |
2020/05/27 11:48
|
Texas officials fighting to block widespread mail-in voting during the pandemic claimed victory after the state's highest court ruled Wednesday that a lack of immunity to the coronavirus doesn't qualify someone to cast a ballot by mail.
The decision was unanimous by the Texas Supreme Court, which is stocked with nine Republican justices, including one who revealed last week that she had tested positive for COVID-19. Texas generally limits mail balloting only to voters who are over 65 years old or have a disability.
Justice Eva Guzman wrote the court was unified in the conclusion that “fear of contracting a disease is not a physical condition."
The Texas Democratic Party blasted the decision, and moved its hopes to a similar challenge playing out in federal court. But not all saw the decision as a total loss: the top elections lawyer in Houston, Harris County attorney Douglas Ray, said he believed the ruling leaves room for each voter to decide themselves whether they qualify, and gives clerks basically no ability to second-guess the reasoning.
In Texas, voters do not have to describe their disability when requesting a mail-in ballot.
Republican Texas Attorney General Ken Paxton, who earlier this month lost lower court decisions that would have expanded mail-in ballots to all of the state's 16 million registered voters, has argued that fear of getting the virus alone doesn't qualify as a disability. He applauded the court for keeping the status quo with just weeks until the state is set to hold primary runoff elections in July.
|
|
|
|
|
|
|
Court upholds ban on in-person church services in California
Law Firm News |
2020/05/24 12:33
|
An appeals court has upheld California Gov. Gavin Newsom’s ban on in-person church services amid the coronavirus pandemic, in a split ruling that found that government’s emergency powers override what in normal times would be fundamental constitutional rights.
The 9th Circuit Court of Appeals ruled Friday that the South Bay United Pentecostal Church in San Diego cannot reopen immediately, the Los Angeles Times reported. In this case “constitutional standards that would normally govern our review of a Free Exercise claim should not be applied,” the two judges in the majority wrote in their order.
“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a ‘(c)ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact,’” they wrote.
The decision is likely to further anger opponents who claim that California’s rules to stop the spread of the virus violate religious freedoms.
|
|
|
|
|
|
|
Netanyahu heads to court as 1st sitting Israeli PM on trial
U.S. Court News |
2020/05/21 12:34
|
Israeli Prime Minister Benjamin Netanyahu is lashing out at Israel’s justice system, saying his trial on corruption charges is an attempt to “depose” him.
Prime Minister Benjamin spoke Sunday as he arrived at a Jerusalem courthouse for the start of his trial. Netanyahu is set to appear at the opening hearing at a Jerusalem district court, after his request to have his lawyers represent him instead was rejected. The courthouse was drawing crowds of supporters, protesters and media hoping to witness Netanyahu enter the building, where he will hear the arraignment against him.
The dramatic scene comes just days after the long-serving leader swore in his new government, breaking more than a year of political stalemate following three inconclusive elections.
Netanyahu held his first Cabinet meeting with the new government just hours before heading to court. Neither he nor any of his ministers addressed the looming trial but the country's outgoing religious affairs minister wished Netanyahu that “God will bring the truth out” at his trial.
Netanyahu faces charges of fraud, breach of trust, and accepting bribes in a series of corruption cases stemming from ties to wealthy friends. He is accused of accepting lavish gifts and offering to grant favors to powerful media moguls in exchange for favorable coverage of him and his family. He denies the charges and has lashed out at the media, police, prosecution and courts of forging a conspiracy to oust him. It comes after years of scandals swirling around the family.
|
|
|
|
|
|
|
Nebraska court orders disclosure of execution drug records
U.S. Court News |
2020/05/17 13:44
|
Nebraska prison officials cannot withhold public records that reveal where they purchased their supply of lethal injection drugs, the state's highest court ruled Friday.
In ordering the documents to be disclosed for public scrutiny, the Nebraska Supreme Court sided with two newspapers and a prisoner advocacy group that had sued the Department of Correctional Services after it refused to release records related to its supply of execution drugs in 2017.
The department previously had regularly disclosed such records without objection to anyone who requested them. Department officials at the time were under increasing pressure to obtain lethal injection drugs as death-penalty critics questioned whether Nebraska would ever carry out another execution.
Media outlets including The Associated Press, The Omaha World-Herald and The Lincoln Journal Star filed formal requests in 2017 for records including purchase orders for the lethal injection drugs that would have identified the supplier. The American Civil Liberties Union of Nebraska filed a similar request. The Omaha World-Herald, the Lincoln Journal Star and the ACLU of Nebraska sued after the request was denied, arguing that the department had violated Nebraska's open-records laws.
Prison officials said the state's supplier should be considered a member of the official “execution team,” whose identities are confidential under Nebraska law.
A district court judge ordered the department to release the records in 2018, and the case has been under appeal ever since. That same year, Nebraska executed its first inmate since 1997, using the drugs prison officials had obtained from the unknown supplier.
|
|
|
|
|
|
Legal Marketing News RSS
