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Will California gay-marriage trial go to Supreme Court?
Legal Career News | 2010/01/27 14:05

On the 17th floor of the Phillip Burton Federal Building in a city known for being at the edge of social change, a federal trial is under way that could lead to a landmark ruling on same-sex marriage in America.

Perry v. Schwarzenegger, which began Jan. 11 in the US District Court for Northern California, challenges the constitutionality of California's voter-approved ban on gay marriage. Over the past 10 days, lawyers have made a broad-based case against Proposition 8, ranging from arguments that it reflects prejudice against gays and lesbians to discussions about the nature of modern marriage, and the notion that homosexuality requires special protections like gender and race.

Many gay-marriage advocates say the case is ultimately destined for the US Supreme Court and represents the best path to legalizing same-sex marriage. They hope this lawsuit will be their Loving v. Virginia – the 1967 case that ended race-based restrictions on marriage.

But not all activists are on board. Some worry the stakes are too high: a federal challenge at a time when most states and voters reject gay marriage could be premature. Even if the Supreme Court eventually takes the case – bound to be appealed by the losing side in San Francisco in the Ninth Circuit Court of Appeals and then to the Supreme Court– the court has historically been reluctant to move too far ahead of the people. A defeat in the Supreme Court would deal a huge setback to a movement that has seen significant gains over the past decade.

"The national marriage project was assiduously avoiding a federal court challenge. They were working slowly toward [it]," says Marc Spindelman, a law professor at Ohio State University and an expert on gay and lesbian rights. But, he adds, "if there's a circuit court that's likely to recognize same-sex marriage" it's the Ninth Circuit, under which the district court falls and which is often branded the most liberal.



Supreme Court rejects appeal from Virginia killer
Court Feed News | 2010/01/26 12:50
A new execution date could be set soon for death-row inmate Paul Warner Powell, whose most recent appeal was rejected yesterday by the U.S. Supreme Court.

Powell, 31, twice has been sentenced to death for the Jan. 29, 1999, murder of Stacie Lynn Reed, 16, in her Manassas-area home. After killing Stacie, he raped and cut the throat of her 14-year-old sister, Kristie, who survived.

Last July, a day before he was to die in the electric chair, the justices halted the execution until they decided whether to hear his appeal. His petition was denied yesterday without comment.

"Praise God," the Reeds' mother, Lorraine Reed Whoberry, wrote in an e-mail when she learned of the court's decision.

Whoberry, who lives in Ohio, has said she has forgiven Powell but also believes the sentence should be carried out.

It is not known when a new execution date will be set.


Yale killing suspect plans to plead not guilty
Criminal Law Updates | 2010/01/26 12:49
An animal research technician charged with killing a Yale graduate student is expected to plead not guilty.

Twenty-four-year-old Raymond Clark III is scheduled to appear in New Haven Superior Court on Tuesday.

Joe Lopez, Clark's attorney, said Clark also plans to waive his right to a probable cause hearing at which prosecutors would have to prove they have enough evidence to justify the murder charge.

Clark is charged with killing 24-year-old Annie Le of Placerville, Calif., whose body was found behind a Yale research lab wall in September. An autopsy determined she was strangled.

Le vanished Sept. 8 from the Yale medical school research building where she and Clark worked, and her body was found five days later, on what was to be her wedding day.


Court Stops NYC Suit Vs. Online Cigarette Vendor
Lawyer Blog News | 2010/01/26 12:48
The Supreme Court has ruled against New York City in its effort to use federal racketeering law to sue Internet cigarette sellers for lost tax revenue.

By a 5-3 vote Monday, the court ended the city's lawsuit against Hemi Group, a New Mexico-based company that sells cigarettes online.

New York taxes the possession of cigarettes but finds it difficult to collect those taxes from Internet sales. The city says it loses millions of dollars in tax revenues from online sales.

Sellers like Hemi are not required to charge or collect the taxes, but they are supposed to provide information about their customers to states.

New York's lawsuit under the Racketeer Influenced and Corrupt Organizations Act accused Hemi of fraud for failing to provide the customer information.

The court said Monday that the city cannot use the racketeering law to collect tobacco taxes from Hemi.

Chief Justice John Roberts and Justices Samuel Alito, Ruth Bader Ginsburg, Antonin Scalia and Clarence Thomas formed the majority.

Justice Sonia Sotomayor did not take part in the case because it came from the federal appeals court in New York on which she served before her elevation to the high court.


Supreme Court Voids Campaign Spending Curbs
U.S. Legal News | 2010/01/22 17:09

A divided U.S. Supreme Court struck down decades-old restrictions on corporate campaign spending, reversing two of its precedents and freeing companies to conduct advertising campaigns that explicitly try to sway voters.

The 5-4 majority, invoking the Constitution's free-speech clause, said the government lacks a legitimate basis to restrict independent campaign expenditures by companies. The ruling went well beyond the circumstances in the case before the justices, a dispute over a documentary film attacking then-presidential candidate Hillary Clinton.

"When government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought," Justice Anthony Kennedy wrote for the majority. "This is unlawful. The First Amendment confirms the freedom to think for ourselves."

Companies, which had been barred since 1947 from using general-treasury dollars in support of or in opposition to a candidate, now can spend millions of dollars on their own campaign ads, potentially punishing or rewarding lawmakers for their votes on legislation. Labor unions, though they weren't directly at issue in the case, have been subject to the same restrictions and may also now expand their political spending.



California: Court Rejects Marijuana Limit
Court Feed News | 2010/01/22 15:11
The State Supreme Court struck down a law that sought to limit the amount of marijuana a medical patient can legally possess. The court, in a unanimous decision, ruled that state lawmakers were wrong to change provisions of a voter-approved proposition in 1996 that allowed patients with a doctor’s recommendation to possess an unspecified amount of marijuana.

The Legislature mandated in 2003 that each patient could have a maximum of 8 ounces of dried marijuana. The Supreme Court said only voters could change amendments that they have added to the St


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