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Federal appeals court to rehear Texas voter ID case
U.S. Court News |
2016/03/02 00:40
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A federal appeals court will hold a new hearing on whether a Texas voter ID law has discriminatory effects on minorities ? a potential blow to the Obama administration's efforts to fight new ballot-box restrictions passed by conservative legislatures around the country.
A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled in August that the 2011 Texas law requiring 14.6 million registered voters to show picture identification at the polls violates parts of the federal Voting Rights Act. But an order issued late Wednesday says a majority of the full court, which currently has 15 members, voted to hear the case again.
The order was issued without additional opinion, and a new hearing date hasn't been set.
Texas was allowed to enforce the voter ID law during elections in 2014 and during last week's primary. Supporters say it prevents fraud, but opponents argue its true intent is to make voting tougher for older, poor and minority voters who tend to support Democrats and are less likely to have the mandated forms of identification.
In a statement, state Attorney General Ken Paxton called the order "a strong step forward in our efforts to defend the state's Voter ID laws."
"We look forward to presenting our case before the full Fifth Circuit," said Paxton, a Republican who has been indicted on felony securities fraud charges stemming from actions he took before becoming attorney general in January 2015.
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Reid pounds GOP united against Obama Supreme Court choice
Legal Opinions |
2016/02/22 00:40
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Conservative and liberal groups are only beginning their battle over the Supreme Court vacancy, with a smattering of television ads and behind-the-scenes research serving as warning shots in what's sure to be an expensive fight that will color November's elections.
Activity will only ramp up once President Barack Obama names someone to replace the late Justice Antonin Scalia ? a nomination Senate Majority Leader Mitch McConnell, R-Ky., and other Republicans promise the chamber will never consider. Many expect Obama to announce his pick next week.
With the court's 4-4 balance between liberal and conservative justices in play, both parties and their allies are reaching out to rally their memberships, solicit contributions and savage the opposition.
The conservative Judicial Crisis Network has run TV spots backing GOP senators in seven states and digital ads targeting Democrats in four others, while its leader wrote an article criticizing one potential nominee for a case she handled as a public defender a decade ago. On its website, the legislative arm of the National Rifle Association links readers to an article titled "Justice Barack Obama?" suggesting that scenario should Democrat Hillary Clinton become president.
The Senate Majority PAC, backing Democrats, has launched a New Hampshire TV ad accusing GOP Sen. Kelly Ayotte, in a competitive re-election race, of "ignoring the Constitution, not doing her job." And Citizens United, dedicated to overturning the Supreme Court decision that unleashed unlimited campaign spending by corporations and unions, has aired commercials pressing Ayotte and Sen. Roy Blunt, R-Mo., to consider a nominee. A group of 21 Democratic attorneys general penned a letter warning Senate leaders not to "undermine the rule of law." MoveOn.org and other progressive groups plan rallies outside senators' home-state offices on a March 21 "National Day of Action."
"A Supreme Court nomination is the No. 1 top priority for almost any conservative group," said Carrie Severino, the Crisis Network's policy director, a sentiment shared by liberals, too. "Almost every issue ultimately finds its way to the Supreme Court."
Democrats and liberals have focused on Senate Judiciary Committee Chairman Charles Grassley, R-Iowa, and other Republican senators seeking re-election this fall in swing states like Ohio, Pennsylvania and Wisconsin. Backed by nearly all GOP senators, Grassley has said his panel won't hold a hearing on Obama's choice. |
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Court to weigh cocaine cases, could alter sentencing in Ohio
Law Firm News |
2016/02/10 16:23
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Prosecutors across Ohio are concerned that a ruling under review by Ohio's top court could delay and shorten sentences for suspects caught with cocaine and force costly changes upon law enforcement.
The state Supreme Court will hear arguments Tuesday on whether to uphold an appeals court decision calling into question how prosecutors have handled cocaine cases for years. It all comes eastdown to weight.
A state appeals court in Toledo ruled last year prosecutors should have determined how much pure cocaine a suspect arrested in a drug sting had with him or her instead of sentencing him based on the weight of the entire amount.
The appeals court ruled that Ohio's drug laws say that what matters is the weight of the cocaine only not filler material such as baking soda that's often added by drug dealers to stretch out their supply and increase profits.
Prosecutors along with the state Attorney General's office argue that such a narrow interpretation creates a new distinction for cocaine that isn't applied to any other illegal drugs.
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Supreme Court puts Obama's climate change plan on hold
Court News |
2016/02/10 16:22
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A divided Supreme Court agreed Tuesday to halt enforcement of President Barack Obama's sweeping plan to address climate change until after legal challenges are resolved.
The surprising move is a blow to the administration and a victory for the coalition of 27 mostly Republican-led states and industry opponents that call the regulations "an unprecedented power grab." By temporarily freezing the rule the high court's order signals that opponents have made a strong argument against the plan. A federal appeals court last month refused to put it on hold.
The court's four liberal justices said they would have denied the request. The plan aims to stave off the worst predicted impacts of climate change by reducing carbon dioxide emissions at existing power plants by about one-third by 2030. Appellate arguments are set to begin June 2. The compliance period starts in 2022, but states must submit their plans to the Environmental Protection Administration by September or seek an extension.
Many states opposing the plan depend on economic activity tied to such fossil fuels as coal, oil and gas. They argued that power plants will have to spend billions of dollars to begin complying with a rule that may end up being overturned.
Implementation of the rules is considered essential to the United States meeting emissions-reduction targets in a global climate agreement signed in Paris last month. The Obama administration and environmental groups also say the plan will spur new clean-energy jobs.
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