Ill. Supreme Court ends challenge to abortion law

Legal Insight 2013/07/13 09:37   Bookmark and Share
The Illinois Supreme Court ended a lengthy and emotionally charged legal appeal over an abortion notification law Thursday, clearing the way for the state to begin enforcing a 1995 measure that requires doctors to notify a girl's parents 48 hours before the procedure.

The court ruled unanimously to uphold a circuit court's earlier dismissal of a challenge to the law that was filed by a Granite City women's health clinic and a doctor at the University of Illinois at Chicago.

After court battles that lasted nearly two decades, Illinois now joins 38 other states in requiring some level of parental notification. The law goes into effect in 35 days unless it's appealed to the U.S. Supreme Court, which has found such laws to be constitutional elsewhere.

Opponents of the notification law had argued that it violated privacy and gender equality rights because young women should be able to make their own decisions about their bodies and pregnancies. Supporters of the law, which was defended by the Illinois Attorney General's office, argued that parents would be deprived of basic rights if they were not notified of a daughter's decision to have an abortion.

Anti-abortion activists have long said Illinois was a haven for teens from states with stricter laws on the books seeking abortions.

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Corbett to pick Stevens for Pa. high court

Legal Insight 2013/06/19 10:55   Bookmark and Share
Gov. Tom Corbett plans to nominate state appeals court Judge Correale Stevens to temporarily fill a vacancy on the state Supreme Court.

Two people familiar with the decision told The Associated Press of Corbett's plans on condition of anonymity, saying the information was part of private conversations.

The decision comes more than a month after the opening was created following the resignation from the bench of Joan Orie Melvin. Melvin was convicted of using public employees to help her political campaigns.

Stevens will require a two-thirds approval by the state Senate to take a seat on the bench.
   
Stevens is a familiar face in state politics and government, and is currently president judge of state Superior Court, which handles criminal and civil appeals. His long career in public service also includes time as Luzerne County's district attorney, a county judge and seven years as a state representative.

Melvin and Stevens are both Republicans, so if he is confirmed the court will return to a four-to-three Republican majority.
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NJ court: Special US Senate election in Oct. OK

Legal Insight 2013/06/14 08:47   Bookmark and Share
A special U.S. Senate election to replace the late Democratic Sen. Frank Lautenberg can be held in October, as it was scheduled by Republican Gov. Chris Christie, a state court ruled Thursday.

The ruling could be appealed. And while it keeps an election on course it does not seem likely to chill criticism of the popular governor for how he chose to replace Lautenberg, the Senate's oldest member, who died last week at age 89.

Four Democrats and two Republicans have filed petitions to run in the Senate race to complete Lautenberg's term, with three early polls showing Democratic Newark Mayor Cory Booker as the front-runner.

Christie scheduled the election for Oct. 16. A group of Democrats sued, saying it should be held Nov. 5, the day voters are going to the polls in the general elections anyway.

Christie's critics have complained that holding the election in October will cost taxpayers unnecessarily. Officials say each election costs the state about $12 million to run.

Judge Jane Grall wrote Thursday that objections to the costs of the election are policy matters that aren't questions for the court.
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Oil leasing dispute heads to federal court

Legal Insight 2013/05/24 09:10   Bookmark and Share
Attorneys for the government and the oil industry will square off against environmental groups Friday in federal court in Montana in a dispute over greenhouse-gas emissions from oil and gas drilling.

The Montana Environmental Information Center and two other groups want U.S. District Judge Sam Haddon to cancel Bureau of Land Management oil and gas leases covering almost 80,000 acres in Montana.

They argue the agency did not fairly consider that greenhouse gas emissions from drilling activities could make climate change worse.

The BLM counters that the emissions from machinery and the venting of excess natural gas are insignificant.

Several industry groups have intervened in the case. They say the environmentalists behind the 2011 lawsuit cannot prove they suffered any specific harm from the lease sales.

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High court to review Kansas sheriff's killing

Legal Insight 2013/02/27 22:59   Bookmark and Share
The Supreme Court has agreed to consider reinstating the conviction and death sentence of a man who said he was high on meth when he killed a Kansas sheriff.

The justices on Monday said they will review a state Supreme Court ruling that granted a new trial to Scott Cheever, who admitted to shooting Greenwood County Sheriff Matt Samuels.

The Kansas court said Cheever's rights were violated during his trial because a psychiatrist was allowed to testify about Cheever's psychological records without his consent.

Samuels' death prompted changes in the Kansas criminal code to make it more difficult to purchase the ingredients used in making meth.

The case will be argued in the fall.
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NY court: Lap dances are not art and are taxable

Legal Insight 2012/10/24 16:56   Bookmark and Share
Lap dances are taxable because they don't promote culture in a community the way ballet or other artistic endeavors do, New York's highest court concluded Tuesday in a sharply divided ruling.

The court split 4-3, with the dissenting judges saying there's no distinction in state law between "highbrow dance and lowbrow dance," so the case raises "significant constitutional problems."

The lawsuit was filed by Nite Moves in suburban Albany, which was arguing fees for admission to the strip club and for private dances are exempt from sales taxes.

The court majority said taxes apply to many entertainment venues, such as amusement parks and sporting events. It ruled the club has failed to prove it qualifies for the exemption for "dramatic or musical arts performances" that was adopted by the Legislature "with the evident purpose of promoting cultural and artistic performances in local communities."

The majority reached similar conclusions about admission fees to watch dances done onstage around a pole, as well as for lap dances or private dances.

W. Anderson McCullough, attorney for the club, said he and his client were bitterly disappointed by the judges' ruling.

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