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Democratic governor getting to shape Kansas' top court
Court News | 2019/07/29 10:25
The Kansas Supreme Court's chief justice plans to retire before the end of the year, allowing first-year Democratic Gov. Laura Kelly to leave a bigger mark on the state's highest court than her conservative Republican predecessors.

Chief Justice Lawton Nuss announced Friday that he would step down Dec. 17 after serving on the court since 2002 and as chief justice since 2010. During Nuss' tenure as chief justice, GOP conservatives increasingly criticized the court as too liberal and too activist for the state over rulings on abortion, capital punishment and public school funding.

His announcement came a little more than two weeks after Justice Lee Johnson, another target of criticism on the right, announced plans to retire in September. That means Kelly will have two appointments to the seven-member court since she took office in January when conservative GOP Govs. Sam Brownback and Jeff Colyer had only one appointee between them during the previous eight years.

Both justices voted repeatedly to direct legislators to increase education funding in recent years and were part of the 6-1 majority that declared in April that the state constitution protects access to abortion as a "fundamental" right. They also voted to overturn death sentences in capital murder cases, though Nuss concluded that the death penalty law itself is constitutional.


Meek Mill’s conviction thrown out, granted new trial
Court News | 2019/07/21 10:29
A Pennsylvania appeals court on Wednesday overturned rapper Meek Mill’s conviction in a drug and gun case that has kept the rapper on probation for a decade and made him a celebrity crusader for criminal justice reform.

The unanimous three-judge panel said that new evidence that undermines the credibility of the officer who testified against the rapper at his trial made it likely he would be acquitted if the case were retried.

City prosecutors have backed the defense bid for a new trial and confirmed they do not trust the officer, who has since left the force and was the only prosecution witness at the 2008 nonjury trial. Still, District Attorney Larry Krasner said Wednesday his office needs time to decide whether to drop the case.

The 32-year-old performer, born Robert Rihmeek Williams, is now free of the court supervision he’s been under most of his adult life. Williams has said he had trouble notifying probation officers about his travels as required because of the erratic nature of the music industry. A little more than a year ago, he spent five months in prison over technical violations of his parole.

“The past 11 years have been mentally and emotionally challenging, but I’m ecstatic that justice prevailed,” Williams said in a statement. “Unfortunately, millions of people are dealing with similar issues in our country and don’t have the resources to fight back like I did. We need to continue supporting them.”

Reginald Graham, the officer who wrote the search warrant in Williams’ case and testified at his trial, left the Philadelphia Police department a few years ago after an internal probe found he had stolen money and then lied about it.

Graham testified at trial that Williams pointed a gun at him during his 2007 arrest outside his southwest Philadelphia home. Williams, who was 19 at the time, has denied pointing a gun at police.


Trump asks Supreme Court to unfreeze border wall money
Court News | 2019/07/14 12:45
The Trump administration on Friday asked the Supreme Court to lift a freeze on Pentagon money it wants to use to build sections of a border wall with Mexico.

Two lower courts have ruled against the administration in a lawsuit over the funding. Last week, a divided three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco kept in place a lower court ruling preventing the government from tapping Defense Department counterdrug money to build high-priority sections of wall in Arizona, California and New Mexico.

At stake in the case is billions of dollars that would allow Trump to make progress on a major 2016 campaign promise heading into his race for a second term. Trump ended a 35-day government shutdown in February after Congress gave him approximately $1.4 billion in border wall funding, far less than the $5.7 billion he was seeking. Trump then declared a national emergency to take cash from other government accounts to use to construct sections of wall.

The money includes $3.6 billion from military construction funds, $2.5 billion from Defense Department counterdrug activities and $600 million from the Treasury Department's asset forfeiture fund. The Treasury Department funds have so far survived legal challenges, and the transfer of the military construction funds has not yet been approved.

At issue in the case before the Supreme Court is just the $2.5 billion in Defense Department funds, which the administration says will be used to construct more than 100 miles of fencing. The lawsuit challenging the use of those funds was brought by the American Civil Liberties Union on behalf of the Sierra Club and Southern Border Communities Coalition. Late Friday, Supreme Court Justice Elena Kagan gave the groups until the afternoon of July 19 to respond in writing to the Trump administration's filing.


Public unions see only modest decline after court ruling
Court News | 2019/07/13 12:45
Anticipating that the U.S. Supreme Court might end mandatory union fees for public employees, some labor-friendly states enacted laws last year to protect membership rolls while unions redoubled their recruitment efforts.

Those steps appear to have paid off, at least initially.

Union membership among public employees has fallen only slightly in the nation’s most unionized states since the Supreme Court ruled a year ago that government workers no longer could be required to pay union fees, according to an analysis of federal data conducted for The Associated Press.

The decline in union membership rates has been larger in states that had previously allowed mandatory fees to be deducted from the paychecks of public school teachers, police and other government workers than in states that had not. Yet the drop has been less than what some labor leaders had feared following the high court decision, which reversed a 41-year-old legal precedent.



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