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High court uphold WV congressional districts
Law & Politics | 2012/09/27 23:16
The Supreme Court on Tuesday upheld West Virginia's congressional redistricting plan against a challenge that small population variations among its three congressional districts violate the Constitution.

The justices, in an unsigned opinion, reversed a lower federal court ruling that struck down the plan because of the population differences.

The high court said the West Virginia plan easily passes muster and said the population variations are too small to trigger constitutional concerns about the principle of one person, one vote. In addition, the court said the plan adopted by the West Virginia legislature served other legitimate goals, including keeping counties intact and not pitting incumbents against each other.

"It is clear that West Virginia has carried its burden," the high court said.

The justices had previously blocked the ruling to allow the state to conduct elections under the map approved by state lawmakers.

The lower court still can consider challenges to the plan under the state Constitution.

Both the state House and Senate passed the map with bipartisan and nearly unanimous margins. The difference between the smallest and largest districts was about 4,900 people.

The Jefferson County Commission, encompassing Charles Town and Harpers Ferry, challenged the redrawing, which moved one county from one congressional district to another.


Lawyer: NM gov aide recorded on state email use
Law & Politics | 2012/09/05 23:08
An Albuquerque attorney said Tuesday he has a recording of the governor's top aide telling one of his clients that he never uses state email to conduct business because "I don't want to go to court (or) jail."

But the aide said the small recorded clip released to reporters is out of context, and he vowed to file an ethics complaint because the full recording outs a young female relative of the aide as a witness in a sexual assault case.

Defense attorney Sam Bregman represents fired Department of Corrections worker Larry Flynn in a wrongful termination case in which the administration's use of private email accounts was first revealed. He released the recording to reporters and said it is of Republican Gov. Susana Martinez's chief of staff, Keith Gardner.

Speaking at a news conference held in his office, Bregman, a Democrat and vocal critic of Martinez, said the secret recording is of a conversation between Gardner and a friend, Brian Powell of Roswell. Powell told Bregman he made the recording when he and Gardner were having a conversation about family issues. Powell, who works for the Roswell Fire Department, did not tell Gardner he was recording him, and it's unclear why he was recording him.


Judge won't halt Pa. voter identification law
Law & Politics | 2012/08/17 18:17
A tough new voter identification law championed by Republicans can take effect in Pennsylvania for November's presidential election, a judge ruled Wednesday, despite a torrent of criticism that it will suppress votes among President Barack Obama's supporters and make it harder for the elderly, disabled, poor and young adults to vote.

Commonwealth Court Judge Robert Simpson said he would not grant an injunction that would have halted the law, which requires each voter to show a valid photo ID. Opponents are expected to file an appeal within a day or two to the state Supreme Court as the Nov. 6 election looms.

"We're not done, it's not over," said Witold J. Walczak, an American Civil Liberties Union lawyer who helped argue the case for the plaintiffs. "It's why they make appeals courts."

The Republican-penned law — which passed over the objections of Democrats — has ignited a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest. Plaintiffs, including a 93-year-old woman who recalled marching with Martin Luther King Jr. in 1960, had asked Simpson to block the law from taking effect in this year's election as part of a wider challenge to its constitutionality.

Republicans defend the law as necessary to protect the integrity of the election. But Democrats say the law will make it harder for people who lack ID for valid reasons to vote.


Court orders Chevron to stop drilling for oil
Law & Politics | 2012/08/03 00:05
A federal court has given Chevron Corp. and driller Transocean Ltd. 30 days to suspend all petroleum drilling and transportation operations in Brazil until the conclusion of investigations into two oil spills off the coast of Rio de Janeiro.

The court says in a statement posted Wednesday on its web site each company will be fined 500 million reals ($244 million) for each day they fail to comply with the suspension.

About 155, 000 gallons of oil crude began seeping from cracks in the ocean floor at the site of a Chevron appraisal well in November. Two weeks later, the National Petroleum Agency said the seepage was under control. But in March, oil again started leaking and Chevron voluntarily suspended production in the field.


Wash. Senate hopeful sought to seal court files
Law & Politics | 2012/07/18 23:37
A couple months before Brad Toft emerged as the only Republican in a crucial state Senate race, he pressed officials to seal records from a past court case.

In a signed letter, Toft seemed to suggest that he wasn't the same person cited in the court files, saying that he shared a name with one of the parties but arguing that "the specific identity of the defendant is unclear." He wanted the records blocked from public inspection, declaring that the files might do damage to his reputation.

Toft, however, acknowledged to The Associated Press that he was the defendant in the case, saying he was simply exploring whether an old judgment could be vacated.


2 plead not guilty in Mass. extortion attempt case
Law & Politics | 2012/06/12 18:19
Howie Winter, the 83-year-old former head of a Boston-area gang that was later run by James "Whitey" Bulger, pleaded not guilty Friday to attempted extortion and conspiracy charges.

Winter and co-defendant James Melvin, 70, were arrested Thursday after authorities said they tried over several months to extort $35,000 from each of two men who had arranged a $100,000 loan for a third man.

Winter, who headed the Winter Hill Gang in the 1960s and '70s, wore large black sunglasses during his arraignment in Somerville District Court. He and Melvin stood silently as a prosecutor described a series of meetings and phone calls in which the two men allegedly threatened the men and repeatedly referred to the North End neighborhood of Boston in an apparent attempt to intimidate the men through a thinly veiled reference to organized crime.

Assistant District Attorney Stephen Gilpatric said some of the meetings were secretly recorded. In the recordings, Winter and Melvin can be heard threatening the men if they don't pay the money, Gilpatric said.


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