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Court won't hear free speech challenge to metals dealers law
Legal News Feed |
2015/01/13 12:47
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The Supreme Court won't consider the constitutionality of an Ohio law that bars precious metals dealers from advertising without a license.
The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.
Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.
A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year. |
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Woman at center of 1961 Supreme Court case dies
Legal News Feed |
2014/12/11 11:59
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A woman who stood up to police trying to search her Ohio home in 1957 and ultimately won a landmark Supreme Court decision on searches and seizures has died.
Dollree Mapp died Oct. 31 in Conyers, Georgia. A relative and caretaker, Carolyn Mapp, confirmed her death Wednesday and said she died on the day after her birthday at the age of 91.
Mapp's Supreme Court case, Mapp v. Ohio, is a staple of law school textbooks and considered a milestone case on the Fourth Amendment, which requires law enforcement officers to get a warrant before conducting a search. The case curbed the power of police by saying evidence obtained by illegal searches and seizures could not be used in state court.
Mapp's path to the U.S. Supreme Court began on May 23, 1957, when three Cleveland police officers arrived at her home. There had just been a bombing at the home of Don King, who later became famous as a boxing promoter, and police believed that a person wanted for questioning was hiding in Mapp's home. The officers demanded to enter, but Mapp refused to let them in without a search warrant. More officers later arrived and police forced open a door, according to a summary of the case in the Supreme Court opinion.
When the officers confronted Mapp, one held up a piece of paper, claiming it was a warrant, and Mapp snatched it away. After a struggle an officer got the paper back, Mapp was handcuffed for being "belligerent," and officers searched her home. They didn't find the person they were looking for, but they did find some pornographic books and pictures. At the time, an Ohio law made having obscene material a crime, and Mapp was convicted, though she said the materials belonged to a former boarder. Prosecutors never produced a search warrant at trial.
Ultimately, the Supreme Court overturned Mapp's conviction in a 6-3 decision, ruling in 1961 that illegally obtained evidence could not be used in state court. The court had previously ruled that this was the case in federal court, but Mapp's case extended the "exclusionary rule" to states where the vast majority of criminal prosecutions take place, broadening the protection. |
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Ginsburg back at home, expected at court next week
Legal News Feed |
2014/12/01 16:13
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Supreme Court Justice Ruth Bader Ginsburg has returned home after undergoing an operation to implant a heart stent to clear a blocked artery and is expected to hear oral arguments on Monday.
Ginsburg, 81, experienced discomfort during exercise with a personal trainer Tuesday and was rushed to MedStar Washington Hospital Center. The stent procedure came after doctors discovered a blockage in her right coronary artery, court spokeswoman Kathy Arberg said.
Stents, a kind of mesh scaffolding, are inserted into about half a million people in the U.S. each year to prop open arteries clogged by years of cholesterol buildup. Doctors guide a narrow tube through a blood vessel in the groin or an arm, inflate a tiny balloon to flatten the blockage and then push the stent into place.
Ginsburg has had a series of health problems, including colorectal cancer in 1999 and pancreatic cancer in 2009. She was hospitalized after a bad reaction to medicine in 2009 and suffered broken ribs in a fall two years ago. Still, the court's oldest justice has not missed any time on the job since joining the high court.
Appointed by President Bill Clinton in 1993, she has rejected suggestions from some liberals that she should step down and give President Barack Obama a chance to name her successor. She leads the court's liberal wing.
Her hospitalization just three weeks after elections handed Republicans control of the Senate raised anew the question of whether Obama would be able to appoint a like-minded replacement if she were to retire.
Ginsburg has repeatedly rebuffed suggestions that it's time to step down. She remains one of the court's fastest writers and has continued to make frequent public appearances around the country. |
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Abortion-rights supporters welcomed the delay Tuesday.
Legal News Feed |
2014/11/05 14:17
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"Today the Oklahoma Supreme Court handed the women of Oklahoma a crucial victory by protecting their constitutional rights and restoring critical options for those seeking safe and legal abortion services," said Nancy Northup, president and CEO of the Center for Reproductive Rights, which is supporting efforts to fight the laws.
"Time and time again, courts are seeing that the true motive behind these underhanded and baseless restrictions is to push essential reproductive health care services out of reach for as many women as possible," she said.
A message seeking comment from Oklahoma Attorney General Scott Pruitt was not immediately returned. A spokesman for Gov. Mary Fallin said the governor was on the road on Election Day and was unsure if she could be reached for comment.
The New York-based Center for Reproductive Rights filed a lawsuit in October on behalf of an Oklahoma doctor who performs nearly half the state's abortions, seeking to block the law requiring admitting privileges law.
The physician, Dr. Larry Burns, said he had applied for admitting privileges at 16 nearby hospitals but had yet to get approval from any facility.
When Burns filed his lawsuit in October, Fallin — who signed the legislation into law in May— said she believed abortion was wrong and that she had been "proud to work with lawmakers in both parties to support legislation that protects the health and lives of both mothers and their unborn children." |
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