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Supreme Court takes up special education case
Court Feed News | 2009/04/28 14:47
The Supreme Court is again trying to decide when taxpayers must foot the bill for private schooling for special education students.


The court will hear arguments Tuesday in an Oregon case in which a local school district contends that students should at least give public special education programs a try before seeking reimbursement for private school tuition.

A federal appeals court sided with a high-school student identified in court papers only as T.A. The student enrolled in a $5,200-a-month private program and sought reimbursement from the Forest Grove School District.

The Supreme Court heard a similar case from New York in 2007, but split 4-4 on the outcome.

The case is Forest Grove School District v. T.A., 08-305.



Supreme Court OKs regulation of language on TV
Lawyer Blog News | 2009/04/28 14:46
The Supreme Court is giving tentative approval to government regulation of the use of even a single curse word on live television.


But the court, in a 5-4 decision Tuesday, is refusing to pass judgment on whether the Federal Communications Commission's "fleeting expletives" policy is in line with First Amendment guarantees of free speech. The justices say a federal appeals court should weigh the constitutionality of the policy.

The decision throws out a ruling by the 2nd U.S. Circuit Court of Appeals in New York. The appeals court had found in favor of a Fox Television-led challenge to the policy and had returned the case to the FCC to let the agency provide a "reasoned analysis" for its tougher line on indecency.

The commission appealed to the Supreme Court instead.



Court refuses to let officer sue over his arrest
Legal Career News | 2009/04/28 09:47
The Supreme Court has refused to let an Atlantic City, N.J., police officer sue prosecutors and investigators for wrongfully arresting and charging him with the murder of his wife.


The high court on Monday refused to hear James L. Andros III's appeal of a lower court decision throwing his lawsuit out.

Andros was arrested after an on-call medical examiner mistakenly listed the death of his wife, Ellen, as homicide through asphyxiation in 2001.

The charges were dropped a month before his trial after it was determined his wife had died of a rare heart condition. By that time, the veteran Atlantic City policeman had been suspended from his job and lost custody of his two young daughters.

Judges at the U.S. District Court and the U.S. Court of Appeals ruled that Andros could not sue because the prosecutors were acting in their official role in charging him and the investigators had probable cause to suspect him in his wife's death.



Texas case before high court to test voting rights
Lawyer Blog News | 2009/04/27 15:37
The community of Canyon Creek was ranchland rich with limestone and cedar trees when Jim Crow held sway in the South. The first house wasn't built until the late 1980s and not even a hint of discrimination attaches to this little slice in suburbia.


President Barack Obama won more than 48 percent of the vote in November in this overwhelmingly white community northwest of the state capital.

Yet Canyon Creek, the heart of Northwest Austin Municipal Utility District Number One, is the site of a major Supreme Court battle over the federal government's often used and most effective tool in preventing voting discrimination against minorities.

The utility district's elected five-person board manages a local park and pays down bond debt. Because it is in Texas, the board is covered by a section of the Voting Rights Act that requires approval from the Justice Department before any changes can be made in how elections are conducted.

That requirement applies to all or parts of 16 states, mostly in the South, with a history of preventing blacks, Hispanics and other minorities from voting.

The utility district is challenging that section of the law, which Congress extended in 2006 for 25 years. The Obama administration is defending it.

The Voting Rights Act, enacted in 1965, opened the polls to millions of black Americans. The law "has been the most important and transformative civil rights act in our country's history," said John Payton, director of the NAACP Legal Defense and Educational Fund.



Judge waives waiting period for gay Iowa couple
Lawyer Blog News | 2009/04/27 15:36
A same-sex Iowa couple will be allowed to wed as soon as Monday after a judge allowed them to bypass the state's three-day waiting period.


Melisa Keeton and Shelley Wolfe of Des Moines received their waiver by 9 a.m.

Same-sex couples in Iowa began applying for marriage license Monday after a state Supreme Court ruling legalizing gay unions took effect.

The high court issued an order early in the day confirming that the appeals process in the case has officially concluded.

The Iowa Supreme Court's unanimous and emphatic decision on April 3 made Iowa the third state to allow same-sex marriage, joining Massachusetts and Connecticut. Vermont has passed a law that will take effect in September.



Court refuses appeal from reputed drug kingpin
Court Feed News | 2009/04/27 15:36
A reputed cocaine kingpin has lost his fight to reduce his 195-year prison term.


The Supreme Court, acting Monday, rejected an appeal from Salvador Magluta, who was convicted of laundering at least $730,000 in drug money and bribing a juror at an earlier trial. The federal appeals court in Atlanta threw out the bribery count, but otherwise upheld the lengthy sentence.

Magluta asked the high court to take his case to consider whether the government should have been barred from trying him again after a jury acquitted him in 1996 of charges based on the same conduct. He also disputed the sentence's length since the judge acknowledged he took into account money laundering charges on which the jury found Magluta not guilty.



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