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Thomas, Kagan asked to sit out health care case
Law Firm News |
2011/11/28 09:44
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Conservative interest groups and Republican lawmakers want Justice Elena Kagan off the health care case. Liberals and Democrats in Congress say it's Justice Clarence Thomas who should sit it out.
Neither justice is budging — the right decision, according to many ethicists and legal experts.
None of the parties in the case has asked the justices to excuse themselves. But underlying the calls on both sides is their belief that the conservative Thomas is a sure vote to strike down President Barack Obama's health care law and that the liberal Kagan is certain to uphold the main domestic achievement of the man who appointed her.
The stakes are high in the court's election-year review of a law aimed at extending coverage to more than 30 million people. Both sides have engaged in broad legal and political maneuvering for the most favorable conditions surrounding the court's consideration of the case.
Taking away just one vote potentially could tip the outcome on the nine-justice court.
Republican lawmakers recently have stepped up their effort against Kagan, complaining that the Justice Department has not fully revealed Kagan's involvement in planning the response to challenges to the law. Kagan was Obama's solicitor general, the administration's top Supreme Court lawyer, until he nominated her to the high court last year. |
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US court won't block its Texas redistricting map
Court News |
2011/11/28 09:44
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A federal court refused late Friday to block a congressional redistricting map it drew up for Texas, rejecting a request from the state's attorney general just hours after the Republican accused the court of undermining the democratic process.
Texas Attorney General Greg Abbott had asked the San Antonio-based court to stay the implementation of its interim map, which the court drafted when minority groups challenged the original plan passed by the Republican-dominated state Legislature.
The court-drawn map would ensure minorities made up the majority in three additional Texas congressional districts. If the 2012 elections were held under the court's map, Democrats would have an advantage as they try to win back the U.S. House.
Abbott said he would appeal to the U.S. Supreme Court. The court-ordered map will remain in place until the legal fights are resolved.
The court drew the maps after minority groups filed a lawsuit, claiming a redistricting plan devised by Republican lawmakers didn't reflect growth in the state's Hispanic and black populations. |
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Court will decide question on crack sentencing
Legal Line News |
2011/11/28 09:44
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The Supreme Court will decide whether a law meant to reduce the disparity between crack and powder cocaine prison sentences can apply those who were convicted — but not sentenced — before its enactment.
The high court on Monday agreed to hear an appeal from Edward Dorsey and Corey Hill, who were both convicted of crack cocaine crimes.
However, the men were not sentenced until after The Fair Sentencing Act went into effect. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.
The two men argue that because their sentences came after the law's effective date, they should get its lesser prison time. The 7th U.S. Circuit Court of Appeals disagreed, and the high court will review that decision. |
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Texas asks court to stop redistricting plan
Legal News |
2011/11/28 09:43
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The Supreme Court has been asked to stop a federal court from implementing a state redistricting map in Texas that could increase minority representation in the state Legislature.
The state's attorney general, Greg Abbott, filed the request with the high court on Monday. The court-drawn map was drafted after minority groups challenged the original plan passed by the Republican-dominated state Legislature.
The map drawn by the San Antonio-based federal court could lead to greater minority representation and give Democrats a chance to add as many as a dozen seats in the Legislature. Abbott and other Republican leaders have denied that any of the legislature's redistricting maps would diminish minority voting power.
The court-ordered map will remain in place until the legal fights are resolved. |
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