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Clinton: Court should nix anti-gay marriage law
Legal Opinions |
2013/03/14 16:06
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Former President Bill Clinton is calling on the Supreme Court to overturn a law he signed that bars federal recognition of same-sex marriages.
Clinton says the Defense of Marriage Act is incompatible with the Constitution. He says he signed the law in 1996 to avoid legislation that would have been even worse for gays.
Clinton writes in a Washington Post op-ed that American society has changed. He says he now realizes the law discriminates against gays and provides an excuse for others to discriminate, too.
The Obama administration has stopped defending the law in court, and the Supreme Court is expected to take up a challenge to it later this month.
Separately, the high court is also considering whether California's gay marriage ban should stand. |
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Court bars retrial of Michigan arson suspect
U.S. Court News |
2013/03/04 15:26
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The Supreme Court has ruled that a Michigan defendant cannot be retried for arson even though his initial acquittal was based on a judge's mistake.
The court voted 8-1 Wednesday in favor of Lamar Evans, who was charged with arson after he was seen running away from a burning vacant house in Detroit with a gasoline can in his hand.
A judge acquitted Evans midway through his trial based on a mistaken interpretation of the law.
Justice Sonia Sotomayor said for the court that the acquittal is final, even if granted in error. Justice Samuel Alito dissented |
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Voting rights law gets Supreme Court challenge
Law Firm News |
2013/02/27 23:15
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The Supreme Court is wrestling with the fate of a section of a landmark civil rights law that has helped millions of Americans exercise their right to vote.
In an argument at the court on Wednesday, liberal and conservative justices engaged in a sometimes tense back and forth over whether there is an ongoing need in 2013 for a key provision of the Voting Rights Act of 1965.
The measure requires states with a history of discrimination, mainly in the Deep South, to get approval before making changes in the way elections are held.
Chief Justice John Roberts asked the government's top Supreme Court lawyer whether the Obama administration thinks Southerners "are more racist than citizens in the North."
The answer from Solicitor General Donald Verrilli was no. |
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Oklahoma considers foreign law court ban
U.S. Court News |
2013/02/15 14:48
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Oklahoma lawmakers are considering banning judges in the state from basing any rulings on foreign laws, including Islamic Sharia law.
A Senate panel on Tuesday overwhelmingly approved the bill, which has broad support in the Republican-controlled Legislature. The bill would specifically make void and unenforceable any court, arbitration or administrative agency decision that doesn't grant the parties affected by the ruling "the same fundamental liberties, rights and privileges granted under the U.S. and Oklahoma constitutions."
"This is a way to protect American citizens ... where somebody may try to use any kind of foreign law or religious law to affect the outcome of a trial," said Sen. Ralph Shortey, R-Oklahoma City, who sponsored the bill. Shortey described it as "American Law for American Courts."
A handful of other states have laws aimed at keeping courts from basing decision on foreign legal codes, including Islamic law. Oklahoma voters approved a constitutional amendment in 2010 that would have specifically prohibited courts from considering Sharia law, but a federal judge blocked its implementation after a Muslim community leader alleged it discriminates against his religion.
Shortey said he didn't know of an instance in Oklahoma where a judge has relied on foreign laws, but he said there have been cases in other states.
That prompted state Sen. Brian Crain, R-Tulsa, to describe the measure as a "solution that's looking for a problem." Crain was the only member of the Senate committee to vote against the bill. |
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