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Court makes no ruling in resolving partisan redistricting cases
Court News | 2018/06/14 10:50
The Supreme Court will consider whether the purchasers of iPhone apps can sue Apple over allegations it has an illegal monopoly on the sale of the apps.

The court said Monday that it will take a case from the U.S. Circuit Court of Appeals for the 9th Circuit, which ruled in January that the purchasers of iPhone apps could sue Apple. Their lawsuit says that when a customer buys an app the price includes a 30 percent markup that goes to Apple.

Apple had argued that it did not sell apps, but instead acted as an intermediary used by the app developers. Apple won initially in a lower court which dismissed the lawsuit.

In Wisconsin, the Democrats prevailed after a trial in which the court ruled that partisan redistricting could go too far and indeed, did in Wisconsin, where Republicans hold a huge edge in the legislature even though the state otherwise is closely divided between Democrats and Republicans.

The Supreme Court said that the plaintiffs in Wisconsin had failed to prove that they have the right to sue on a statewide basis, rather than challenge individual districts.

The Democrats will have a chance to prove their case district by district.

Waiting in the wings is a case from North Carolina that seemingly addresses some of the high court's concerns. The lawsuit filed by North Carolina Democrats has plaintiffs in each of the state's 13 congressional districts. Like Wisconsin, North Carolina is generally closely divided in politics, but Republicans hold a 10-3 edge in congressional seats.

The majority opinion written by Chief Justice John Roberts in the Wisconsin case cast doubt on the broadest theory about the redistricting issue known as partisan gerrymandering.

Roberts wrote that the Supreme Court's role "is to vindicate the individual rights of the people appearing before it," not generalized partisan preferences.



Constitutionality of murder conviction upheld by high court
Court News | 2018/04/20 12:46
The South Dakota Supreme Court has upheld the constitutionality of a man's conviction for killing his 4-year-old son.

Forty-four-year-old Chris Miller was sentenced to life in prison for the death of his son, Jacob Miller, and an additional 50 years for aggravated assault in January 2013.

Attorney General Marty Jackley says the Supreme Court found Miller failed to show his attorney was ineffective and that the jury selection process was flawed.

Court sides with sanctuary cities in fight over grants

A federal appeals court in Chicago has ruled that President Donald Trump's administration cannot withhold public safety grants from cities that don't cooperate with its immigration enforcement policies, agreeing with a temporary injunction imposed earlier this year by a lower court judge.

The decision by a three-judge panel of the 7th U.S. Circuit Court of Appeals Thursday says the administration exceeded its authority in establishing new conditions for cities to qualify for the grants.

The administration in July imposed a condition that cities receiving public safety grants must agree to inform federal agents when immigrants in the country illegally are about to be released from police detention.

All three judges agreed to the injunction Thursday, but one judge said it should be for Chicago only and not nationwide.


Greek court limits travel for Turkish officer seeking asylum
Court News | 2018/04/17 12:48
Greece's highest court has imposed severe restrictions on the movements of one of eight Turkish servicemen who have applied for asylum in Greece after fleeing Turkey following a failed 2016 coup there, while he waits for a decision on his asylum application.

The Council of State ruled that the officer will remain at an undisclosed address, must appear daily at a local police station and cannot obtain travel documents until his asylum application is determined in May.

Courts had initially granted him asylum, but suspended the decision following a Greek government appeal.

The eight helicopter crewmen, who deny involvement in the attempted putsch, have become a bone of contention in increasingly souring Greek-Turkish relations. Turkey demands they be returned as coup plotters, but Greek courts have rejected the extradition requests.


Dayton appoints Democratic Rep. Thissen to Supreme Court
Court News | 2018/04/14 12:50
Gov. Mark Dayton appointed longtime Democratic state Rep. Paul Thissen to the Minnesota Supreme Court on Tuesday, the latest in a long line of partisans to join the state's highest court.

Thissen is an attorney and Minneapolis lawmaker who has served eight terms in the House — including one as House Speaker and two as its Minority Leader — and had eyes on the governor's office until he suspended his campaign in February. He'll resign from his House seat on Friday and join the court soon after.

He replaces Justice David Stras, who was nominated by Donald Trump to the 8th U.S. Circuit Court of Appeals and recently confirmed. Thissen's addition means Dayton has picked five of the seven members on the state's highest court, and while the court has not been openly partisan, it's a mark that will long outlast the Democratic governor's tenure ending early next year.

The other two members were appointed by former Republican Gov. Tim Pawlenty.

"Judicial appointments are one of, if not the most, important appointments I make," Dayton said, noting he had emphasized increasing the diversity throughout state courts during his time in office.

Thissen was one of four finalists on the shortlist to replace Stras that also included Lucinda Jesson, Dayton's former commissioner at the Department of Human Services who he appointed to the Minnesota Court of Appeals in 2016. Minnesota Tax Court Chief Judge Bradford Delapena and District Court Judge Jeffrey Bryan were also in the running.

Dayton and others said Thissen's blend of legal work and political experience made him the perfect choice for the Supreme Court.

"Under the intense pressures of end of session deal-making, he always stood firm on his own principled convictions and to the high standards of proper Minnesota governance," Dayton said.

Neither Dayton nor his predecessors have shied away from party allies when filling seats on the state's highest court. Dayton appointed longtime Democratic attorney David Lillheaug to the court in 2013. Lillehaug helped Dayton during his 2010 recount victory and also worked on former Sen. Al Franken's 2008 recount and other Democratic elections. Pawlenty named both his campaign attorney Christopher Dietzen and Minnesota Republican Party attorney Barry Anderson to the Supreme Court.


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