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Court: Gov't must state position on gay troop ban
Legal News |
2011/07/12 09:23
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A federal appeals court that has called for the immediate halt of the military's ban on openly gay troops issued an order Monday requiring the U.S. government to state whether it will continue to defend the policy's constitutionality in court.
Monday's order comes less than a week after the 9th U.S. Circuit Court of Appeals in San Francisco told the Obama administration to immediately cease enforcing the don't ask, don't tell policy, which could speed up its repeal.
The ruling stems from a lawsuit filed by the Log Cabin Republicans against the Department of Justice.
The gay rights group last year persuaded a lower court judge to declare the ban unconstitutional after a trial that put the Obama administration in the position of defending a policy it opposes.
DOJ attorneys have said they are defending the policy in court as they do with any law that is being challenged. They also have said the issue should be decided by Congress and not the courts.
The three-judge merits panel of the 9th Circuit said after reviewing briefs from both parties in the case, that it appears the government is not prepared to defend the policy's constitutionality.
The order was not signed by the judges and it was not known if the three jurists were the same ones who ruled last week on stopping its enforcement. |
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Illinois Supreme Court upholds public works plan
U.S. Court News |
2011/07/11 09:23
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The Illinois Supreme Court has unanimously upheld a law that created a $31 billion statewide construction program, averting a threat to the thousands of jobs the projects created.
The decision also removes a roadblock to allowing video gambling at bars, restaurants and truck stops across Illinois.
The court on Monday unanimously rejected arguments that lawmakers improperly mixed different issues in a single law.
Lawmakers approved the public works program in 2009, deciding to fund the construction by raising taxes on liquor and candy, as well as legalizing video gambling.
Chicago Blackhawks owner and liquor distributor Rocky Wirtz challenged the law. An appeals court agreed with him that it violated a requirement that laws be limited to one topic. The Supreme Court said it all was connected to the construction program. |
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Ballard Spahr says Stewart new chair of national law firm
Legal News |
2011/07/06 08:43
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Law firm Ballard Spahr LLP says that Mark Stewart, who helped the firm open six new offices, has been named its chair.
The law firm — its headquarters are in Philadelphia — said Stewart became chair on Friday, succeeding Arthur Makadon who took the position in 2002. He is returning to active practice with the firm.
Stewart joined the firm as a summer associate in 1981.
Ballard Spahr has more than 475 lawyers in 13 offices across the U.S. and offers litigatition, business and finance, real estate, intellectual propery and public finance services. |
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Orange County judge to restrict Costa Mesa layoffs
Law Firm News |
2011/07/06 02:43
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An Orange County judge said Tuesday that she will issue a court order to restrict Costa Mesa from laying off nearly half of the city's workforce and outsourcing jobs.
Superior Court Judge Tam Nomoto Schumann said she would grant the Orange County Employees Association's request for a preliminary injunction. But the city has until Friday to file objections before she issues her ruling.
The union filed suit in May, arguing that the city's plan to outsource municipal jobs violates state law and the union contract.
In March, the Costa Mesa City Council majority voted to outsource jobs to mostly private companies in a drastic move to plug a $15 million budget hole.
Soon afterward, 213 of 450 employees got layoff notices that would take effect in September.
Union spokeswoman Jennifer Muir said the court order would protect employees' jobs until the case against the city goes to trial.
Schumann said the city must follow proper procedures when laying off workers, but she didn't explain what those procedures are.
Assistant City Attorney Harold Potter contends the city has been following procedures while pursuing austerity measures.
The judge's ruling won't stop the city from exploring outsourcing options, he said. |
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