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Sen. Jeff Sessions 'troubled' over Obama court picks
U.S. Legal News | 2009/06/16 14:34
The top Republican on the Senate committee reviewing Sonia Sotomayor's nomination to the Supreme Court said Monday that he is concerned President Obama is driving federal courts "far to the left" by choosing "activist" judges for the bench.


Sen. Jeff Sessions, R-Ala., said Obama's judicial nominees, including Sotomayor and three others to the U.S. Court of Appeals, raise questions about what role a judge's background should play in deciding cases.

"I'm troubled, I have to say, by President Obama's philosophy of judging," Sessions, a Senate Judiciary Committee member, told USA TODAY and Gannett Washington Bureau reporters. "When he talks about wanting a judge to show empathy, that's very troubling to me."

Sessions, a former prosecutor, said he does not expect Republicans to filibuster Sotomayor's nomination, but he said she is the latest in a pattern of Obama nominees he has found troublesome.

"She seems to be willing to accept that a judge's rulings may be influenced by the judge's personal backgrounds or feelings, which is sort of what President Obama has said," Sessions said.

Hearings for Sotomayor's nomination are scheduled to begin July 13.

Sessions singled out three other nominations: David Hamilton of Indiana for the Chicago-based U.S. Court of Appeals for the 7th Circuit; Andre Davis of Maryland for the Richmond, Va.-based U.S. Court of Appeals for the 4th Circuit; and Gerard Lynch of New York for the New York City-based 2nd Circuit.

University of Pittsburgh law professor Arthur Hellman, who has studied judicial appointments, said it is difficult to generalize about any Obama pattern with so few nominations.

"The differences struck me more than any similarities," Hellman said of the nominees. "Lynch is a straight-down-the-middle former prosecutor. With Hamilton, you have someone who happens to have two high-profile cases in two of the most contested areas of the law, abortion and prayer."

Sessions focused on two Hamilton rulings. In one, Hamilton invalidated an Indiana law requiring women seeking abortions to obtain information about the procedure's risks. In the other, Hamilton forbade references to Jesus Christ in opening prayers at the Indiana Legislature. Both decisions were reversed.



Hearing for Supreme Court nominee poses challenges
U.S. Legal News | 2009/06/15 15:58

U.S. Senate Republicans are in a quandary over the Supreme Court nomination of Sonia Sotomayor, aiming to raise pointed questions about her record without angering increasingly influential Hispanic voters.

Senator John Cornyn exemplifies the Republican dilemma over Sotomayor, who is the daughter of Puerto Rican parents who seems certain to be confirmed by the Democratic-led Senate as the first Hispanic Supreme Court justice.

One of seven Republicans on the 19-member Senate Judiciary Committee, Cornyn will take part in what he promises will be tough but civil questioning of Sotomayor, Democratic President Barack Obama's choice, at her hearing starting on July 13.

Cornyn is also chairman of the Senate Republican campaign committee that is charged with expanding a shrinking party and winning seats in the overwhelmingly Democratic Senate.

Hispanics, the fastest-growing U.S. minority who make up 15 percent of the population, are a key to any expansion plans.

Hispanics voted by a two-to-one margin for Obama in last year's presidential election. Many Hispanic voters greeted news of Sotomayor's nomination with joy, and Republicans are aware that Hispanics will be watching carefully how she is handled.



DOJ moves to dismiss first fed gay marriage case
U.S. Legal News | 2009/06/12 16:36
The U.S. Justice Department has moved to dismiss the first gay marriage case filed in federal court, saying it is not the right venue to tackle legal questions raised by a couple already married in California.


The motion, filed late Thursday, argued that the case of Arthur Smelt and Christopher Hammer does not address the right of gay couples to marry but rather questions whether their marriage must be recognized nationwide by states that have not approved gay marriage.

"This case does not call upon the Court to pass judgment ... on the legal or moral right of same-sex couples, such as plaintiffs here, to be married," the motion states. "Plaintiffs are married, and their challenge to the federal Defense of Marriage Act ("DOMA") poses a different set of questions."

It's a different case from a recent federal lawsuit by two unmarried gay couples in California who claim a civil right to marry under the U.S. Constitution.

The government said Smelt and Hammer seek a ruling on "whether by virtue of their marital status they are constitutionally entitled to acknowledgment of their union by states that do not recognize same-sex marriage, and whether they are similarly entitled to certain federal benefits.



SC high court orders Gov. Sanford to request money
U.S. Legal News | 2009/06/05 11:50
South Carolina's Supreme Court ordered Gov. Mark Sanford on Thursday to request $700 million in federal stimulus money aimed primarily at struggling schools, ending months of wrangling with legislators who accused him of playing politics with people's lives.


The nation's most vocal anti-bailout governor had refused to take the money designated for the state over the next two years, facing down protesters and legislators who passed a budget requiring him to. While other Republican governors had taken issue with requesting money from the $787 billion federal stimulus package, Sanford was the first to defend in court his desire to reject the money.

But he said Thursday he will not appeal the Supreme Court ruling and plans to sign paperwork to request the money Monday.

Educators quickly hailed the court decision. They had predicted hundreds of teachers would lose jobs and colleges would see steep tuition increases without the money, though sharp budget cuts will still take a toll.

"Finally. It took way too long. It was so unnecessary and took so long to do what 49 other states figured out how to do a long time ago, but finally is better than not at all. It will allow districts to immediately begin to reconstitute programs and fill positions they didn't think they could fill," state Education Superintendent Jim Rex said.

While Sanford raised the issue, it was Casey Edwards, a Chapin High School student graduating Friday, who brought it to the state's highest court. She beamed as she told reporters she "was very excited that our schools and our teachers and our education system will be getting the funds that are so desperately needed here in South Carolina."



Obama reverses Bush immigration lawyer rule
U.S. Legal News | 2009/06/04 15:19
A rule limiting access to lawyers for immigrants facing deportation has been tossed out by the Obama administration.


The rule was issued in the waning days of the Bush administration, angering immigrants rights groups that immediately sought to persuade the incoming Democratic administration to discard it.

On Wednesday, Attorney General Eric Holder did just that, saying he is vacating the order issued by predecessor Michael Mukasey which said that immigrants facing deportation do not have an automatic right to an effective lawyer.

Holder said he is also instructing the Justice Department to begin working on a new rule.

Charles Kuck, president of the American Immigration Lawyers Association, called the move "the beginning of the restoration of due process in the immigration system."

Kuck said that Holder's decision "recognizes we can't treat immigrants any differently than ourselves if we expect to receive the same benefits the Constitution provides."

Mukasey had issued a 33-page decision in January saying the Constitution does not entitle someone facing deportation to have a case reopened based upon shoddy work by a lawyer. Mukasey also said, however, that Justice Department officials have the discretion to reopen such cases if they choose.

Immigrant rights groups had criticized the Mukasey decision, saying such immigrants subject to deportation are particularly susceptible to sham lawyers claiming to do legal work on their behalf.

Holder said in a statement that Mukasey's decision had not allowed for enough public comment on the issue.



Minn. high court hears Senate case arguments
U.S. Legal News | 2009/06/01 12:06
Republican Norm Coleman is asking the Minnesota Supreme Court to toss out a lower-court ruling that gave Democrat Al Franken a victory in the state's U.S. Senate race.


Coleman attorney Joe Friedberg argued before the high court Monday that counties were inconsistent in the way they decided whether absentee ballots were filled out correctly.

Franken's attorney gets a chance to present his side after Friedberg finishes.

Coleman wants justices to instruct a trial court to open 4,400 rejected absentee ballots.

Franken, potentially a critical 60th Senate vote for Democrats, hopes the court sweeps aside the appeal and is demanding that he get the election certificate required to take office.

There's no telling when Minnesota's highest court will act.



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