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SF sheriff in political thicket after guilty plea
U.S. Legal News |
2012/03/13 13:19
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The San Francisco sheriff has a political thicket to get through now that he's putting his legal woes behind him with a plea bargain in a domestic violence case that made international headlines.
Sheriff Ross Mirkarimi pleaded guilty Monday to a misdemeanor charge of false imprisonment in exchange for the dropping of three more serious charges, including misdemeanor domestic violence and child endangerment.
The plea doesn't automatically disqualify Mirkarimi from office, but San Francisco Mayor Ed Lee said Monday he plans to consult with city attorneys and investigate what disciplinary actions he can take. Lee does have the authority to attempt to remove Mirkarimi from office if the mayor believes the conviction rises to official misconduct.
"This clearly remains serious and troubling for our city," Lee said in a statement. |
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Foreign donations are a risk in super PAC setting
U.S. Legal News |
2012/02/10 15:21
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Money pouring into the presidential election from super political action committees and nonprofit campaign groups appears so far to be strictly American in origin, donated by U.S. companies, unions and millionaires. But it's easier than ever to conceal the source of money and the identities of contributors, making conditions ripe for illegal donations from foreigners, overseas companies or governments attempting to help a favored candidate for the White House.
"Clearly it is more difficult to enforce the ban on foreign spending when the source of the money is not publicly disclosed," said Trevor Potter, head of the Campaign Legal Center and former chairman of the Federal Elections Commission. Potter is the attorney advising television comedian Stephen Colbert, who set up his own super PAC to illustrate absurdities of how money affects U.S. elections.
Foreign political donations have been outlawed since 1966, and a brief U.S. Supreme Court order last month upheld the ban for foreigners living in the U.S. as well as corporations and individuals abroad. |
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Long-awaited ruling on CA gay marriage ban due
U.S. Legal News |
2012/02/07 15:53
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Supporters and opponents of California's ban on same-sex marriage were anxiously awaiting a federal appeals court decision Tuesday on whether the voter-approved measure violates the civil rights of gay men and lesbians.
A three-judge panel of the 9th U.S. Circuit Court of Appeals that considered the question plans to issue its long-awaited opinion 18 months after a trial judge struck down the ban following the first federal trial to examine if same-sex couples have a constitutional right to get married.
The 9th Circuit does not typically give notice of its forthcoming rulings, and its decision to do so Monday reflects the intense interest in the case.
Even if the panel upholds the lower court ruling, it could be a while before same-sex couples can resume marrying in the state. Proposition 8 backers plan to appeal to a larger 9th Circuit panel and then to the U.S. Supreme Court if they lose in the intermediate court. Marriages would likely stay on hold while that process plays out.
The three-judge panel, consisting of judges appointed by presidents Jimmy Carter, Bill Clinton and George W. Bush, heard arguments on the ban's constitutional implications more than a year ago. But it put off a decision so it could seek guidance from the California Supreme Court on whether Proposition 8 sponsors had legal authority to challenge the trial court ruling after California's attorney general and governor decided not to appeal it. |
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In Vt., an attorney general's losses raise doubts
U.S. Legal News |
2012/01/25 17:19
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The first was Vermont's campaign finance law setting the lowest contribution limits in the country — shot down by the U.S. Supreme Court.
The same fate befell the state's attempt to restrict drug company efforts to collect data on doctors' prescribing habits. On a 6-3 vote, the justices said Vermont's law was an unconstitutional infringement on free speech by drug and data collecting companies.
Now, in yet another case that has garnered national attention, the office of Vermont Attorney General William Sorrell has suffered a stinging defeat, this time in a federal trial over the state's bid to close the Vermont Yankee nuclear plant.
Some observers are starting to see a pattern — one in which Sorrell and his team have gone to the legal big leagues three times and fallen flat on each attempt.
"The state now has sort of a reputation in the 2nd Circuit and the Supreme Court of not having their act together," said Patrick Parenteau, a former state commissioner of environmental conservation who is now a professor at Vermont Law School. |
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Perry appeals judge's ruling on Va. primary ballot
U.S. Legal News |
2012/01/16 17:21
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Texas Gov. Rick Perry on Sunday appealed a federal judge's refusal to add him and three other candidates to Virginia's Republican presidential primary ballot.
In a filing with the 4th U.S. Circuit Court of Appeals, Perry's attorneys requested that the court order his name be placed on the ballot, or order that ballots not be printed or mailed before his appeal is considered.
Perry sued last month after failing to submit enough signatures to get on the Mach 6 ballot. Former House Speaker Newt Gingrich, former Pennsylvania Sen. Rick Santorum and former Utah Gov. Jon Huntsman joined Perry's lawsuit after also failing to qualify.
Only former Massachusetts Gov. Mitt Romney and Texas Rep. Ron Paul qualified for the primary ballot.
Virginia requires candidates to obtain the signatures of 10,000 registered voters, including 400 from each of the state's 11 congressional districts, to get on the ballot. State law also allows only Virginia residents to circulate petitions. |
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Gov't defends core of health care overhaul
U.S. Legal News |
2012/01/07 00:05
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The Obama administration defended the health care overhaul in a filing Friday with the Supreme Court that calls the law an appropriate response to a "crisis in the national health care market."
The administration filed a written submission in the high court's biggest case this term, with the potential to affect President Barack Obama's bid for re-election.
The government called on the court to uphold the core requirement that individuals buy insurance or pay a penalty. One federal appeals court struck down the so-called individual mandate as exceeding Congress' power under the Constitution. But two other federal appeals courts upheld the law and agreed with the administration's argument that Congress was well within its power to adopt that requirement.
Florida and 25 other states, as well as the National Federation of Independent Business, told the court in separate briefs that if the justices strike down the individual requirement, they should invalidate the rest of the law as well. Thirty-six Republican senators echoed the states' argument in their own filing.
The law is aimed at extending health insurance coverage to more than 30 million previously uninsured people and would, by 2019, leave just 5 percent of the population uninsured, compared with about 17 percent today, according to the Congressional Budget Office. About half of the increase would come from the individual requirement; the rest would come from an expansion of Medicaid and other provisions. |
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