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Supreme Court upholds 'partial-birth' abortion ban
Lawyer Blog News |
2007/04/18 16:00
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The US Supreme Court on Wednesday upheld the federal Partial Birth Abortion Ban Act of 2003. In Gonzales v. Carhart, the Court held that groups challenging the ban on "partial-birth" abortions "have not demonstrated that the Act, as a facial matter, is void for vagueness, or that it imposes an undue burden on a woman's right to abortion based on its overbreadth or lack of a health exception." Carhart was consolidated with Gonzales v. Planned Parenthood, and the Supreme Court reversed the federal appeals court decisions in both cases. Wednesday's 5-4 decision marks the first time the Court has upheld a complete ban on an abortion procedure. Read the Court's opinion per Justice Kennedy, along with a concurrence from Justice Thomas, and a dissent from Justice Ginsburg. SCOTUSblog has more. AP has additional coverage. In a second 5-4 decision handed down Wednesday, the Court held in James v. United States that attempted burglary, as defined by Florida law, qualifies as a "violent felony" under the Armed Career Criminal Act (ACCA). Under the ACCA, defendants may subjected to longer sentences if the defendant has three prior convictions for violent felonies or serious drug offenses. James unsuccessfully argued that his Florida conviction for attempted burglary did not qualify as a violent felony under the ACCA. The Supreme Court affirmed the Eleventh Circuit's decision in the case. Read the Court's opinion per Justice Alito, along with a dissent from Justice Scalia and a second dissent from Justice Thomas. |
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Federal judge rejects secrecy for AIPAC trial
Court Feed News |
2007/04/18 15:14
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A federal judge Monday refused a request to close portions of the upcoming espionage trial of two former American Israel Public Affairs Committee lobbyists because doing so would violate the defendants' right to an open trial. The lobbyists, Steven Rosen and Keith Weissman, were indicted last year under the 1917 Espionage Act for allegedly conspiring to receive and disclose classified US defense information over a five-year period dating back to 1999. The prosecution's plan would have allowed only the judge, lawyers and jury to have access to classified evidence, but this was rejected by US District Judge T.S. Ellis. In August 2006, Rosen and Weissman asked Ellis to dismiss the charges, arguing that the law is unconstitutionally vague and violates their right to free speech. Ellis, however, upheld the constitutionality of the Espionage Act. |
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U.S. Senate committee modifies earmark rules
Legal Career News |
2007/04/18 14:00
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US Sen. Robert Byrd (D-WV) announced Tuesday that the Senate Appropriations Committee he chairs has agreed to adopt new standards governing so-called earmarks inserted by legislators into bills to fund special spending projects. The proposed ethics and earmark reform legislation will define the term "earmark" and will require that all earmarks be clearly identified in the committee bill and report, both of which will be published on the Internet. In addition, the legislation will mandate that Senators certify that neither they nor their spouses have a financial interest in any earmark. Byrd said the Senate Appropriations Committee will follow the standards until they are enacted into law. The Legislative Transparency and Accountability Act of 2007 passed by the US Senate in a 96-2 vote in January proposed similar earmark reform rules, but that legislation has yet to receive approval from the US House of Representatives. In September, the US House adopted a new rule requiring lawmakers to disclose their sponsorship of earmarks. H.Res. 1000 provides that earmarks can no longer be inserted anonymously and requires that bills coming out of committee, bills containing tax measures, and conference reports list all earmarks and the names of the congresspersons who requested them. |
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Court upholds right to sue under communications law
Lawyer Blog News |
2007/04/17 16:46
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The US Supreme Court handed down decisions in three cases Tuesday, including Watters v. Wachovia Bank, where the Court held that the National Bank Act and regulations promulgated by the Office of the Comptroller of the Currency preempt state laws regulating mortgage lending by national banks and their operating subsidiaries, affirming the Sixth Circuit's decision in the case. Read the Court's opinion per Justice Ginsburg, along with a dissent from Justice Stevens. Justice Thomas did not participate in this case. In Global Crossing v. Metrophones, the Court held that Sections 201(b) and 207 of the Communications Act create a private right of action allowing a provider of payphone services to sue a long distance carrier for allegedly violating regulations governing compensation for coinless payphone calls. Metrophones sued Global Crossing, a long distance carrier, arguing that Global Crossing violated Federal Communications Commission (FCC) regulations by failing to compensate Metrophones for coinless payphone calls, a practice determined by the FCC to be "unjust and unreasonable." The Court upheld the Ninth Circuit's decision in the case, which also held that that Metrophones could pursue the lawsuit. The Supreme Court determined that the FCC's "unreasonable practice" determination was lawful, and that the language of relevant Communications Act provisions allow a party injured by violations of Section 201(b) to bring a federal action for damages. Read the Court's opinion per Justice Breyer, along with a dissent from Justice Scalia and a second dissent from Justice Thomas.
Finally, in Zuni Public School District No. 89 v. Dept. of Education, the Court held that the US Department of Education properly applied an equalization public school funding formula in determining that New Mexico "equalized expenditures" for public school districts and could therefore offset federal Impact Aid funding by reducing state aid to individual school districts. The Court determined that the Department of Education is permitted by statute to refer to the the number of students in a school district as well as the amount of per-student expenditure in a school district when determining whether a state "equalizes expenditures" among public school districts. Read the Court's opinion per Justice Breyer, along with a concurrence from Justice Stevens, a second concurrence from Justice Kennedy, a dissent from Justice Scalia, and a second dissent from Justice Souter. |
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Virginia Tech Shooter Identified by Police
Criminal Law Updates |
2007/04/17 15:46
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Authorities identify the gunman suspected of killing 32 people at Virginia Tech as 23-year-old Cho Seung-Hui, an English major who has lived in the United States since immigrating from South Korea in 1992. He had a Centreville, Virginia address and was a resident of VT's Harper Hall. Police recovered two handguns, a nine millimeter and a 22 caliber. Police say ballistics tests shows that one of the guns found with Cho Seung-Hui was used at the shootings in Ambler Johnston Dormitory and Norris Hall. Steve Flaherty, with the Virginia State Police said, "The evidence has not led us to say with all certainty that the same shooter was involved" in both places. However he said did not have evidence that there was another shooter. |
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22-Year-Old Guilty In UIC Beating Death
Court Feed News |
2007/04/17 14:47
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A Cook County jury convicted Mantas Matulis of second-degree murder Monday night in the death of Tombol Malik, a 23-year-old University of Illinois at Chicago student beaten to death with a bike lock in 2005. Prosecutors had brought first-degree murder charges against Matulis, 22, alleging he kicked Malik in the head after an accomplice beat him with the lock. But the defense argued Matulis acted in self-defense, and the jury convicted him of the lesser charge after seven hours of deliberation. The second-degree murder conviction carries a sentence of four to 20 years in prison.
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