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The Latest: Colorado governor announces Supreme Court pick
Law & Politics |
2018/06/02 02:26
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Gov. John Hickenlooper has named Carlos Samour to the Colorado Supreme Court, filling a vacancy left by Chief Justice Nancy Rice's imminent retirement.
Samour, a judge in the 18th Judicial District in Arapahoe County, is best known for presiding over the Aurora theater shooting trial in 2015.
Samour was raised in El Salvador, where his father was also a judge. Hickenlooper said his family fled the country when Samour was 13 because his father feared retaliation for finding a military official guilty.
"His father was ousted from his judicial position and his home was riddled by bullets because his father chose to faithfully apply the laws of that country," said Hickenlooper, a Democrat.
Samour was chosen from three nominees after Rice in March announced her plans to retire at the end of June. She will have served more than four years as chief justice, nearly 20 years on the court and about 31 years total as a judge in Colorado.
Gov. John Hickenlooper on Wednesday plans to announce his choice to fill a vacancy on the Colorado Supreme Court.
Earlier this month, a judicial nominating commission gave the governor three judges to choose from, after Chief Justice Nancy Rice announced her retirement.
The nominees are Maria Berkenkotter, the former chief judge of the 20th Judicial District in Boulder County; Karen Brody, a judge in the 2nd Judicial District in Denver County; and Carlos Samour, a judge in the 18th Judicial District in Arapahoe County. |
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Justices allow Arkansas to enforce abortion restrictions
Law & Politics |
2018/05/18 02:28
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The Supreme Court is allowing Arkansas to put in effect restrictions on how abortion pills are administered. Critics of a challenged state law say it could effectively end medication abortions in the state.
The justices did not comment Tuesday in rejecting an appeal from the Planned Parenthood affiliate in Arkansas that asked the court to review an appeals court ruling and reinstate a lower court order that had blocked the law from taking effect. The law says doctors who provide abortion pills must hold a contract with another physician who has admitting privileges at a hospital and who would agree to handle complications.
The law is similar to a provision in Texas law that the Supreme Court struck down in 2016. The 8th U.S. Circuit Court of Appeals reversed the court order barring enforcement of the law, but put its ruling on hold while Planned Parenthood appealed to the Supreme Court.
The legal fight over the law is not over, but the state is now free to enforce the law at least for the time being.
Planned Parenthood has said that if the law stands, Arkansas would be the only state where women would not have access to a pair of drugs that end pregnancies: mifepristone, which makes it difficult for a fetus to attach to the uterine wall, and misoprostol, which causes the body to expel it, similar to a miscarriage.
The organization offers pills to end pregnancies at clinics in Fayetteville and Little Rock but says it cannot find any Arkansas obstetrician willing to handle hospital admissions. Preventing women from obtaining medication abortions would create an undue burden on their right to an abortion, Planned Parenthood says. Undue burden is the standard set by the Supreme Court to measure whether restrictions go too far in limiting women who want an abortion. |
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Court: Montana minimizes impact of mining near Yellowstone
Law & Politics |
2018/05/08 02:27
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A gold exploration proposal near Yellowstone National Park faced a significant setback as a judge blamed Montana officials for understating the potential for mining to harm land, water and wildlife.
The ruling released Friday means the Montana Department of Environmental Quality would have to conduct a lengthy environmental review before Lucky Minerals can proceed.
The Vancouver, Canada, company received approval last year to begin searching for gold, copper and other minerals at 23 locations in Emigrant Gulch, a picturesque area of steep mountains and dense forest in south-central Montana's Paradise Valley. It has a long history of small-scale mining.
The results of the exploration work would guide the company's future plans for commercial-scale mining.
Environmental groups sued over the project last year on behalf of local residents, who are concerned mining could reduce tourism and pollute the nearby Yellowstone River.
State Judge Brenda R. Gilbert agreed with the environmentalists that state officials gave too much deference to the company in considering the project and ignored evidence that water supplies could be damaged.
The agency also should have looked more closely at the project's impacts on grizzly bears and wolverines and considered the broader implications if Lucky Minerals expands onto federal lands, Gilbert said. |
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Facebook to stop spending against California privacy effort
Law & Politics |
2018/04/09 01:30
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Facebook says it will stop spending money to fight a proposed California ballot initiative aimed at giving consumers more control over their data.
The measure, known as the "California Consumer Privacy Act," would require companies to disclose upon request what types of personal information they collect about someone and whether they've sold it. It also would allow customers to opt out of having their data sold.
The company made the announcement Wednesday as chief executive Mark Zuckerberg underwent questioning from Congress about the handling of user data.
Pressure has mounted on Facebook to explain its privacy controls following revelations that a Republican-linked firm conducted widespread data harvesting.
Facebook had donated $200,000 to a committee opposing the initiative in California - part of a $1 million effort by tech giants to keep it off the November ballot.
Facebook said it ended its support "to focus our efforts on supporting reasonable privacy measures in California."
Proponents of the ballot measure applauded the move.
"We are thrilled," said Mary Ross, president of Californians for Consumer Privacy.
The California Chamber of Commerce and other groups are fighting to keep the measure off the ballot through the "Committee to Protect California Jobs." Google, AT&T, Verizon and Comcast also contributed $200,000 each to that effort in February.
Committee spokesman Steve Maviglio said the measure would hurt the California economy.
"It is unworkable and requires the internet in California to operate differently - limiting our choices, hurting our businesses, and cutting our connection to the global economy," he said. |
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Trump administration backs PLO in victims' high court appeal
Law & Politics |
2018/04/02 04:38
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Despite its bumpy relationship with the Palestinians, the Trump administration is siding with the Palestine Liberation Organization in urging the Supreme Court to reject an appeal from American victims of terrorist attacks in the Middle East more than a decade ago.
The victims are asking the high court to reinstate a $654 million verdict against the PLO and Palestinian Authority in connection with attacks in Israel in 2002 and 2004 that killed 33 people and wounded hundreds more.
The case was scheduled to be considered at the justices’ private conference on Thursday. A decision to reject the appeal could come as early as Monday. If the court decides to hear the case, it could say so by the middle of this month.
The federal appeals court in New York tossed out the verdict in 2016. It said U.S. courts can’t consider lawsuits against foreign-based groups over random attacks that were not aimed at the United States.
The victims sued under the Anti-Terrorism Act, signed into law in 1992. The law was passed to open U.S. courts to victims of international terrorism, spurred by the killing of American Leon Klinghoffer during a 1985 terrorist attack aboard the Achille Lauro cruise ship.
The victims argued that offices the Palestinians maintain in the nation’s capital to promote their cause in speeches and media appearances and to retain lobbyists were sufficient to allow the lawsuit in an American court. The appeals court disagreed.
In late June, the justices asked the administration to weigh in on the case, as they often do in cases with foreign policy implications. The Justice Department filed its brief eight months later, saying there was nothing in the appeals court ruling to “warrant this court’s intervention at this time.”
In unusually strong language for a Supreme Court filing, Theodore Olson, the lawyer for the victims, wrote, “The government is not being square with the court.” Olson said the administration was being cagey about its view of the law, even after the lower court cut back on its use by attack victims to try to hold groups financially liable. |
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Maryland redistricting case comes before Supreme Court
Law & Politics |
2018/03/23 04:41
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The Supreme Court is taking up its second big partisan redistricting case of the term amid signs the justices could place limits on drawing maps for political gain.
The justices are hearing arguments Wednesday in an appeal filed by Republicans in Maryland. They complain that Democrats who controlled the state government in 2011 drew a congressional district for the express purpose of ousting the Republican incumbent and replacing him with a Democrat.
In Wisconsin, Democrats are challenging legislative districts drawn by Republicans statewide. Those districts gave Republicans a huge majority in a state that otherwise is closely divided between the parties.
The Supreme Court has never struck down districts for being too partisan.
A decision in favor of opponents of partisan gerrymandering could cut into the political power of the dominant party in states in which one party controls the state government.
The court is expected to issue decisions in both cases by late June.
Maryland's 6th Congressional District had been centered in rural, Republican-leaning northwestern Maryland and had elected a Republican to Congress for 20 years. Incumbent Rep. Roscoe Bartlett won re-election in 2010 by 28 percentage points.
But in the 2011 redistricting, Democrats altered the district to take in some Democratic suburbs of Washington, D.C. The new district had 62,000 fewer Republicans and 33,000 more Democrats. Bartlett lost the 2012 election by 21 percentage points.
Republican voters who sued over the changes said the state violated their First Amendment rights.
Maryland Attorney General Brian Frosh, a Democrat, is defending the district as competitive for both parties. Frosh said the district has elected a moderate Democrat, and in 2014, a friendlier year for Republican candidates, the victory margin of Democratic Rep. John Delaney dropped to less than 2 percentage points, though it rose again in 2016.
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