Texas court: Virus fear alone not enough for mail balloting

Legal Business 2020/05/27 11:42   Bookmark and Share
Texas officials fighting to block widespread mail-in voting during the pandemic claimed victory after the state's highest court ruled Wednesday that a lack of immunity to the coronavirus doesn't qualify someone to cast a ballot by mail.

The decision was unanimous by the Texas Supreme Court, which is stocked with nine Republican justices, including one who revealed last week that she had tested positive for COVID-19. Texas generally limits mail balloting only to voters who are over 65 years old or have a disability.

Justice Eva Guzman wrote the court was unified in the conclusion that “fear of contracting a disease is not a physical condition."

The Texas Democratic Party blasted the decision, and moved its hopes to a similar challenge playing out in federal court. But not all saw the decision as a total loss: the top elections lawyer in Houston, Harris County attorney Douglas Ray, said he believed the ruling leaves room for each voter to decide themselves whether they qualify, and gives clerks basically no ability to second-guess the reasoning.

In Texas, voters do not have to describe their disability when requesting a mail-in ballot.

Republican Texas Attorney General Ken Paxton, who earlier this month lost lower court decisions that would have expanded mail-in ballots to all of the state's 16 million registered voters, has argued that fear of getting the virus alone doesn't qualify as a disability. He applauded the court for keeping the status quo with just weeks until the state is set to hold primary runoff elections in July.
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Court upholds ban on in-person church services in California

Legal Business 2020/05/24 12:26   Bookmark and Share
An appeals court has upheld California Gov. Gavin Newsom’s ban on in-person church services amid the coronavirus pandemic, in a split ruling that found that government’s emergency powers override what in normal times would be fundamental constitutional rights.

The 9th Circuit Court of Appeals ruled Friday that the South Bay United Pentecostal Church in San Diego cannot reopen immediately, the Los Angeles Times reported. In this case “constitutional standards that would normally govern our review of a Free Exercise claim should not be applied,” the two judges in the majority wrote in their order.

“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a ‘(c)ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact,’” they wrote.

The decision is likely to further anger opponents who claim that California’s rules to stop the spread of the virus violate religious freedoms.


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Netanyahu heads to court as 1st sitting Israeli PM on trial

Court News 2020/05/22 12:27   Bookmark and Share
Israeli Prime Minister Benjamin Netanyahu is lashing out at Israel’s justice system, saying his trial on corruption charges is an attempt to “depose” him.

Prime Minister Benjamin spoke Sunday as he arrived at a Jerusalem courthouse for the start of his trial. Netanyahu is set to appear at the opening hearing at a Jerusalem district court, after his request to have his lawyers represent him instead was rejected. The courthouse was drawing crowds of supporters, protesters and media hoping to witness Netanyahu enter the building, where he will hear the arraignment against him.

The dramatic scene comes just days after the long-serving leader swore in his new government, breaking more than a year of political stalemate following three inconclusive elections.

Netanyahu held his first Cabinet meeting with the new government just hours before heading to court. Neither he nor any of his ministers addressed the looming trial but the country's outgoing religious affairs minister wished Netanyahu that “God will bring the truth out” at his trial.

Netanyahu faces charges of fraud, breach of trust, and accepting bribes in a series of corruption cases stemming from ties to wealthy friends. He is accused of accepting lavish gifts and offering to grant favors to powerful media moguls in exchange for favorable coverage of him and his family. He denies the charges and has lashed out at the media, police, prosecution and courts of forging a conspiracy to oust him. It comes after years of scandals swirling around the family.
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Judge blocks St. Louis prosecutor from law firm payments

Court News 2020/05/19 12:29   Bookmark and Share
A judge has blocked St. Louis’ top prosecutor from paying potentially hundreds of thousands of dollars in legal bills to five outside law firms representing her.

The St. Louis Post-Dispatch  reports that Circuit Judge Joan Moriarity on Wednesday granted a preliminary injunction sought by a St. Louis resident, Charles Lane. Moriarity wrote that Circuit Attorney Kim Gardner’s office did not comply with state law when entering into the contracts, and that there was not enough public money set aside to pay the contracts at the time they were signed. A spokeswoman for Gardner said Moriarity’s ruling will be appealed.

Gardner has said she had to hire outside firms because of a conflict of interest with the City Counselor’s Office. Gardner, who is black, also has sued Lane and others alleging a racist conspiracy against her. She also claims that investigations of her and her former investigator are retaliation for prosecuting former Gov. Eric Greitens in 2018.


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Indiana attorney general argues suspension doesn't oust him

Court News 2020/05/17 13:21   Bookmark and Share
Lawyers for Indiana’s attorney general are arguing he has the legal right to remain in office even while serving a 30-day suspension of his law license for groping four women.

The arguments filed Friday with the state Supreme Court come after Republican Gov. Eric Holcomb asked the justices whether GOP Attorney General Curtis Hill loses his elected position as state government’s top lawyer when his law license suspension takes effect Monday.  

Hill’s personal lawyers maintain the Supreme Court should apply its past practice of allowing the return of elected county prosecutors to those positions after serving misconduct suspensions.
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Louisiana Senate targets lawyer ads promising big payouts

Legal Business 2020/05/15 13:21   Bookmark and Share
A proposal striking at the proliferation of TV, radio and billboard ads blanketing Louisiana is headed to the state House for debate after winning support from senators Thursday.

Sen. Heather Cloud’s bill would declare as false or misleading those lawyer ads in which a person claims to have received the full amount of a settlement or judgment. Instead, the ads would have to disclose how much was deducted for attorney fees, expert witness fees, court costs and any other expenses related to the litigation.

Advertisements deemed to be deceptive could be prosecuted as an unfair trade practice violation.

Cloud, a Republican from Turkey Creek, said lawyers are making false promises of big payouts, encouraging people to file lawsuits against businesses. But she said people who file the lawsuits only get a small slice of the money from the judgments and settlements in most instances.
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