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Court: Ohio E-School Can't Delay Repayment of $60M to State
Headline News | 2017/06/08 03:06
ECOT's reported enrollment of 15,000 Ohio students makes it one of the largest online charter schools in the U.S.

Democrats jumped on the court's decision to pile criticism on the school, which has struggled for years against attacks on its enrollment practices and student performance ratings.

"This sham, unaccountable school is a clear waste of taxpayer money and needs to be shut down," said Democratic gubernatorial candidate Betty Sutton. "The main thing that they seem to do well is shower Republican candidates and committees with political donations instead of educating children. Unfortunately, it is a symptom of a much larger disease facing Ohio's education system."

ECOT spokesman Neil Clark said the school didn't get a fair shake in court. He took particular aim at one of the three deciding judges, Gary Tyack, as being biased against the school, online learning and school choice.

"Today, Judge Tyack confirmed that he would put his agenda before the law," Clark said in a statement. "He is desperate to destroy ECOT and is unwilling to even wait for the judicial system to play out before advancing his vendetta."

Chief Justice Maureen O'Connor rebuked Tyack after oral arguments were held in the case before the state's high court. She wrote that his comments against the school, its founder and online education were derogatory, extrajudicial, unnecessary and unacceptable.

The school's efforts to revisit the issue of Tyack's impartiality came as it braced for Monday's important school board vote, which comes amid the long-running legal dispute over what attendance-tracking practices should be used to determine state funding.

A state hearing officer ruled against the school in its appeal of the state Education Department's determination that the school owes $64 million for enrollment that can't be justified due to lack of documentation.


Democrats tighten opposition of high court pick
Headline News | 2017/04/01 09:30
Senate Democratic opposition to President Donald Trump’s Supreme Court nominee swelled Friday as Democrats neared the numbers needed for a filibuster, setting up a showdown with Republicans who have the votes to confirm Neil Gorsuch.

Sens. Claire McCaskill of Missouri, Richard Blumenthal of Connecticut and Brian Schatz of Hawaii became the latest Democratic senators to announce their opposition to Gorsuch, a 49-year-old federal appeals court judge in Denver whose conservative rulings make him an intellectual heir to the justice he would replace, the late Antonin Scalia.

McCaskill’s decision came a day after she said she was torn over the decision. She said she’s opposing the federal appeals court judge because his opinions favor corporations over workers and he’s shown “a stunning lack of humanity” in some of those decisions.

She also criticized Trump in her statement announcing her opposition, saying “the president who promised working people he would lift them up has nominated a judge who can’t even see them.”

Senate Minority Leader Chuck Schumer of New York warned Republicans against changing Senate rules, which could prove momentous for the chamber and would allow all future Supreme Court nominees to get on the court regardless of opposition from the minority party. He says President Donald Trump should just pick a new nominee if Gorsuch is blocked.



Court: Florida Docs Allowed to Ask Patients About Guns
Headline News | 2017/02/23 16:40
A federal appeals court has cleared the way for Florida doctors to talk with patients about whether they own guns.

The 11th U.S. Circuit Court of Appeals ruled Thursday that key provisions of a 2011 law that restricted such speech violate the First Amendment.

Three-judge panels of the same court had issued conflicting rulings in a long-running challenge to the law brought by 11,000 medical providers and others. The case has become known as Docs vs. Glocks.

Backed by Gov. Rick Scott, the law prohibited doctors from asking patients about gun ownership unless it was medically necessary. Doctors say asking about guns is a safety issue and could save lives.

While ruling that much of the law violates free-speech rights, the court said some parts could remain in place.



UK court says income threshold for foreign spouses is lawful
Headline News | 2017/02/20 16:41
Britain's Supreme Court says the government is entitled to set a minimum-income threshold for people wanting to bring foreign spouses to the country, a measure introduced to ensure immigrants won't draw on public welfare funds.

But the court says the way the rules have been implemented is unlawful.

Since 2012, Britons who want to bring spouses from outside the European Union to the U.K. must earn at least 18,600 pounds ($23,000) a year.

Several people who were rejected under the rules took the government to court, arguing the law breached their right to a family life.

The judges ruled Wednesday that the income requirement was lawful but had been implemented in a "defective" way.

They said authorities must consider the welfare of children and whether applicants have other funding sources.



Partisan struggle over NC governor's authority back in court
Headline News | 2017/02/11 16:01
Judges are hearing more arguments about North Carolina Republican lawmakers' efforts to reduce Democratic Gov. Roy Cooper's authority in choosing his Cabinet.

A three-judge panel scheduled arguments Friday on whether to extend their recent temporary block of a law requiring Senate confirmation of Cooper's Cabinet secretaries.

The GOP-controlled legislature passed the law shortly before Cooper took office, one of several provisions designed to limit Cooper's powers.

Cooper's attorneys say confirmation usurps his authority to carry out core executive functions. Republicans respond that the state Constitution gives senators "advice and consent" powers with gubernatorial appointees.

The governor wants the law blocked at least until a hearing scheduled for March.

In another gubernatorial power issue, a state appeals court on Thursday temporarily reinstated a law stripping Cooper of his oversight of elections.


Travel ban decision in hands of federal appeals court judges
Headline News | 2017/02/07 16:02
A federal appeals court will decide whether to reinstate President Donald Trump's travel ban after a contentious hearing in which the judges hammered away at the administration's motivations for the ban, but also directed pointed questions to an attorney for two states trying to overturn it.

It was unclear which way the three judges of the San Francisco-based 9th Circuit Court of Appeals would rule, though legal experts said the states appeared to have the edge.

"I'm not sure if either side presented a compelling case, but I certainly thought the government's case came across as weaker," said Stephen Vladeck, a professor at the University of Texas School of Law.

A ruling could come as early as Wednesday and could be appealed to the U.S. Supreme Court.

Trump tweeted early Wednesday: "If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!"

The appeals court challenged the administration's claim that the ban was motivated by terrorism fears, but it also questioned the argument of an attorney challenging the executive order on grounds that it unconstitutionally targeted Muslims.

The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds. But the judges jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.




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