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Supreme Court will decide fate of Obama health care law
Legal Line News | 2020/03/13 10:37
The Supreme Court agreed Monday to decide a lawsuit that threatens the Obama-era health care law, but the decision is not likely until after the 2020 election.

The court said it would hear an appeal by 20 mainly Democratic states of a lower-court ruling that declared part of the statute unconstitutional and cast a cloud over the rest.

Defenders of the Affordable Care Act argued that the issues raised by the case are too important to let the litigation drag on for months or years in lower courts and that the 5th U.S. Circuit Court of Appeals in New Orleans erred when it struck down the health law's now toothless requirement that Americans have health insurance.

The case will be the third major Supreme Court battle over the law popularly known as Obamacare since its passage in 2010. The court has twice upheld the heart of the law, with Chief Justice John Roberts memorably siding with the court's liberals in 2012, amid President Barack Obama's reelection campaign.

The Trump administration supports the total repeal of the law, including its provisions that prohibit insurance companies from discriminating against people with existing health ailments.


Walker appointee, judge, prof face off in high court primary
Legal Line News | 2020/02/12 13:51
Wisconsin voters will choose between a Republican appointee, a Madison judge and a law professor as they winnow down the candidates for a state Supreme Court seat in a primary Tuesday.

Conservative Justice Dan Kelly will face off against liberal-leaning Jill Karofsky and Ed Fallone. The top two vote-getters will advance to the April 7 general election with a 10-year term on the high court at stake.

The race can’t change the court’s ideological leaning since conservative-leaning justices currently have a 5-2 edge. But a Kelly defeat would cut their margin to 4-3 and give liberals a shot at a majority in 2023.

Then-Gov. Scott Walker, a Republican, appointed Kelly to the Supreme Court in 2016 to replace the retiring David Prosser. An attorney by trade, he represented Republican lawmakers in a federal trial over whether they illegally gerrymandered Wisconsin’s legislative district boundaries in 2011. He’s also a member of The Federalist Society, a conservative organization that advocates for a strict interpretation of the U.S. Constitution.

Karofsky is a wiry marathon runner who has completed two Iron Man competitions. She also won the state doubles tennis championship in 1982 for Middleton High School.

She has served as an assistant prosecutor in the Dane County district attorney’s office, general counsel for the National Conference of Bar Examiners and executive director of the state Department of Justice’s Office of Crime Victim Services. She won election as a Dane County circuit judge in 2017.


Mother of Supreme Court Chief Justice Roberts dies at age 90
Legal Line News | 2020/01/01 11:31
Rosemary Roberts, the mother of Supreme Court Chief Justice John Roberts, has died. She was 90. A spokeswoman for the court said Rosemary Roberts died Saturday. Roberts was born Rosemary Podrasky in Johnstown, Pennsylvania, and married John G. Roberts Sr. in 1952, according to an obituary published in The Tribune-Democrat.

She worked in Pennsylvania and New York as a customer service representative for A&P supermarkets and the Bell Telephone Company, according to the obituary.

The family moved around over the years for Roberts Sr.’s job at Bethlehem Steel Corp. and lived in New York, Indiana, Pennsylvania and Maryland. They later moved to Ohio and South Carolina for other business opportunities and for retirement.

Rosemary Roberts participated in local religious and charitable organizations and served as a hospital and library volunteer, the obituary said. She and her husband moved to Maryland in 2001 to be closer to their family.

Their son, John Roberts, was nominated in 2005 by President George W. Bush to be chief justice of the Supreme Court. He replaced the late William Rehnquist.

Rosemary Roberts is survived by four children, six grandchildren and one great-grandchild. Her husband died in 2008 after a long illness.


Mississippi man freed months after court rules racial bias
Legal Line News | 2019/12/14 08:53
A Mississippi man whose murder conviction was overturned by the U.S. Supreme Court for racial bias was released from custody Monday for the first time in 22 years.

Curtis Flowers walked out of the regional jail in the central town of Louisville hours after a judge set his bond at $250,000. A person who wanted to remain anonymous posted $25,000, the 10% needed to secure Flowers’ release, said his attorney Rob McDuff.

At the bond hearing earlier Monday in the city of Winona, Circuit Judge Joseph Loper ordered Flowers to wear an electronic monitor while waiting for the district attorney’s office to decide whether to try him a seventh time or drop the charges. Flowers also must check in once a week with a court clerk, McDuff said. He said attorneys would file papers asking the judge to dismiss the charges.

Flowers was accompanied from the jail Monday by his attorneys and two sisters, Priscilla Ward and Charita Baskin. The siblings said they were going home to fry some fish for dinner and hang out together.

“It’s been rough,” Flowers said. “Taking it one day at a time, keeping God first ? that’s how I got through it.”

When asked another question, Flowers sighed, smiled and tossed his hands in the air.  “I’m so excited right now, I can’t even think straight,” he said with a laugh.



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