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Pennsylvania GOP take gerrymandering case to US high court
Legal News |
2018/01/22 10:08
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Pennsylvania's top Republican lawmakers asked the U.S. Supreme Court on Thursday to stop an order by the state's highest court in a gerrymandering case brought by Democrats that threw out the boundaries of its 18 congressional districts and ordered them redrawn within three weeks.
Republicans who control Pennsylvania's Legislature wrote that state Supreme Court justices unconstitutionally usurped the authority of lawmakers to create congressional districts and they asked the nation's high court to put the decision on hold while it considers their claims.
The 22-page argument acknowledged that "judicial activism" by a state supreme court is ordinarily beyond the U.S. Supreme Court's purview. But, it said, "the question of what does and does not constitute a 'legislative function' under the Elections Clause is a question of federal, not state, law, and this Court is the arbiter of that distinction."
Justice Samuel Alito, who handles emergency appeals from Pennsylvania, could ask the registered Democratic voters on the other side of the case to respond. Alito could act on his own, though the full court generally gets involved in cases involving elections. An order could come in a matter of days, although there is no deadline for the justices to act.
Pennsylvania's congressional districts are criticized as among the nation's most gerrymandered. Its case is happening amid a national tide of gerrymandering cases from various states, including some already under consideration by the U.S. Supreme Court.
Election law scholars call the Republicans' request for the U.S. Supreme Court's intervention a long shot.
They say they know of no other state court decision throwing out a congressional map because of partisan gerrymandering, and the nation's high court has never struck down an electoral map as a partisan gerrymander.
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Court gives government a win in young immigrants' cases
Legal News |
2017/10/24 01:13
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A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.
The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.
Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.
A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.
Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."
And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.
Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.
He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."
Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."
"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said.
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Court: Utility, not gov't responsible for Fukushima disaster
Legal News |
2017/09/22 10:16
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A Japanese court has ruled that a utility, not the government, should pay compensation to dozens of former residents of Fukushima for losses to their livelihood caused by meltdowns at a nuclear plant after a massive earthquake and tsunami in 2011.
Chiba District Court ordered Tokyo Electric Power Co. on Friday to pay a total of 376 million yen ($3.4 million) to most of the 45 plaintiffs who sought compensation over the loss of their livelihoods and communities because of radiation contamination.
The court dismissed the plaintiffs' claim the government should also be held responsible for its failure to enforce tsunami safety measures.
About 30 other compensation suits filed by tens of thousands of former Fukushima residents are still pending.
The wrecked Fukushima plant's decommissioning is expected to take decades. |
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S. Korean court says worker's rare disease linked to Samsung
Legal News |
2017/08/28 09:04
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South Korea's Supreme Court said a former worker in a Samsung LCD factory who was diagnosed with multiple sclerosis should be recognized as having an occupationally caused disease, overturning lower court verdicts that held a lack of evidence against the worker.
In a milestone decision that could aid other sickened tech workers struggling to prove the origin of their diseases, the Supreme Court ruled there was a significant link between Lee Hee-jin's disease and workplace hazards and her working conditions.
Lower courts had denied her claim, partly because no records of her workplace conditions were publicly available. The Labor Ministry and Samsung refused to disclose them when a lower court requested the information, citing trade secrets.
In its ruling Tuesday, the court said the lack of evidence, resulting from Samsung's refusal to provide the information and an inadequate investigation by the government, should not be held against the sickened worker.
Instead, it said, such special circumstances should be considered in favor of the worker.
Lee, 33, began to work at a Samsung LCD factory in Cheonan, south of Seoul, in 2002 when she was a high school senior. She evaluated nearly one hundred display panels per hour on a conveyor belt, looking for defective panels and wiping them with isopropyl alcohol. She worked next to assembly lines that used other chemicals.
Three years after she joined Samsung Electronics, she first reported the symptoms of multiple sclerosis, a rare disease that affects the central nervous system. The average age of reporting multiple sclerosis in South Korea is 38. She left Samsung in 2007.
Lee first filed a claim in 2010 with a government agency, which denied her request for compensation. She took her case to the courts and lost twice before Tuesday's victory.
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