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Court reinstates ban on lobster gear to protect right whales
Business Law Info | 2022/07/13 16:49
A federal circuit court has reinstated a ban on lobster fishing gear in a nearly 1,000-square-mile area off New England to try to protect endangered whales.

The National Marine Fisheries Service issued new regulations last year that prohibited lobster fishing with vertical buoy lines in part of the fall and winter in the area, which is in federal waters off Maine’s coast. The ruling was intended to prevent North Atlantic right whales, which number less than 340, from becoming entangled in the lines.

The U.S. District Court for the District of Maine issued a preliminary injunction to halt enforcement of the rules. The U.S. Court of Appeals for the First Circuit in Boston vacated that ruling Tuesday.

The circuit court sent the case back to the district court level, but noted in its ruling that it does not think the lobster fishing groups that sued to stop the regulations are likely to succeed because Congress has clearly instructed the fisheries service to protect the whales.

“Although this does not mean the balance will always come out on the side of an endangered marine mammal, it does leave plaintiffs beating against the tide, with no more success than they had before,” the court ruled.

The ruling was the second by a federal court in favor of right whale protection in the past week. A U.S. District judge ruled last week that the federal government hasn’t done enough to protect the whales from entanglement in lobster fishing gear, which can be lethal, and new rules are needed to protect the species from extinction.


Kansas Supreme Court upholds Republican congressional map
Business Law Info | 2022/05/18 19:35
Kansas’ highest court on Wednesday upheld a Republican redistricting law that makes it harder for the only Democrat in the state’s congressional delegation to win reelection in a big victory for the GOP.

The state Supreme Court declined for now to declare that overly partisan gerrymandering violates the Kansas Constitution. The ruling sets district boundaries less than a month before the state’s June 10 filing deadline for congressional candidates.

The court’s opinion was two paragraphs long, saying only that the voters and voting rights group challenging the map “have not prevailed on their claims” that the map violated the state constitution and that a full opinion would come later.

The brief decision was written by Justice Caleb Stegall, who is seen as the most conservative of the court’s seven justices, five of whom were appointed by Democratic governors. During arguments from attorneys on Monday, he questioned whether anyone could clearly define improper partisan gerrymandering.

Lawsuits over new congressional district lines have proliferated across the U.S., with Republicans looking to recapture a U.S. House majority in this year’s midterm elections. Congressional maps in at least 17 states have inspired lawsuits, according to the nonpartisan Brennan Center for Justice.

In the past, congressional district lines have been reviewed by federal judges and not the state Supreme Court. The conservative-leaning U.S. Supreme Court ruled in a 5-4 decision in 2019 that complaints about partisan gerrymandering are political issues and not for the federal courts to resolve.

The state’s Republican-appointed solicitor general argued in defending the GOP-drawn map that because the state constitution doesn’t specifically mention gerrymandering or congressional redistricting, the Kansas Supreme Court should reject the legal challenges. He and other state officials said that the justices had no guidance on how to define improper political gerrymandering.


Tennessee, South Carolina extend health care for new moms
Business Law Info | 2022/05/06 19:12
Tennessee and South Carolina are joining five other states in extending health care coverage to women with low-to-modest incomes for a full year after childbirth, U.S. Health and Human Services Secretary Xavier Becerra announced on Friday.

The expansion of Medicaid and the Children’s Health Insurance Program comes as the U.S. Supreme Court could be poised to overturn women’s constitutional right to abortion. That could make the coverage more urgently needed than ever if more women, especially older women or those in poorer health, end up carrying pregnancies to term. In Tennessee, a trigger law would outlaw abortion in the state if Roe v. Wade were overturned. South Carolina has a law banning abortions after six weeks.

States are currently required to provide 60 days of coverage after childbirth, but medical experts say women can die from pregnancy-related conditions up to a year after giving birth and that most pregnancy-related deaths are preventable. Maternal mortality is particularly serious for Black women, whose pregnancy-related death rate is three times that of white women.

Asked about the effect of an abortion ban on Tennessee women at a Thursday news conference, Republican Gov. Bill Lee, who opposes abortion, pointed to the extension.

“It’s important that we recognize that women in crisis need support and assistance through this process. For example, that’s why we’ve expanded our postpartum coverage for women in TennCare,” Lee said.

TennCare is Tennessee’s version of Medicaid, the federal-state program covering about one in five Americans, from many newborns, to low-income adults and frail nursing home residents. The program pays for about four out of every 10 births in the United States.

About 700 U.S. women die annually because of pregnancy-related problems, a little over half after the woman has given birth, according to data from the Centers for Disease Control and Prevention. Nearly 12% of maternal deaths occur 43 to 365 days after delivery.

The expanded coverage is made possible by a provision in the COVID-19 relief bill that will expire after five years unless Congress reapproves it or makes it permanent.



Supreme Court Notebook: Roberts pays tribute to Breyer
Business Law Info | 2022/04/27 07:11
The fertile mind of Justice Stephen Breyer has conjured a stream of hypothetical questions through the years that have, in the words of a colleague, “befuddled” lawyers and justices alike.

Breyer, 83, seemed a bit subdued as he sat through the last of more than 2,000 arguments Wednesday in which he has taken part during 28 years on the high court. His wife, Joanna, also was in the courtroom.

But at the end of the case about Oklahoma’s authority to prosecute people accused of crimes on Native American lands, an emotional Chief Justice John Roberts paid tribute to Breyer for his prowess during arguments.

“For 28 years, this has been his arena for remarks profound and moving, questions challenging and insightful, and hypotheticals downright silly,” Roberts said.

A day earlier, Breyer provided only the most recent example, inventing a prison inmate named John the Tigerman in a case involving transporting an inmate for a medical test. Breyer called him “the most dangerous prisoner they have ever discovered.”

Just since Breyer announced in late January that he was retiring, he has asked lawyers to answer questions involving spiders, muskrats and “4-foot-long cigars smoked through hookahs” — none of which, it’s fair to say, had any actual links to the cases at hand.



Arizona judge nixes suit that wants Trump backers off ballot
Business Law Info | 2022/04/23 04:01
A judge in Phoenix has dismissed lawsuits seeking to disqualify three Republican lawmakers from this year’s ballot because they participated in or helped organize the Jan. 6, 2021, rally in Washington that led to an unprecedented attack on Congress.

The decision from Maricopa County Superior Court Judge Christopher Coury made public Friday means Reps. Paul Gosar and Andy Biggs and state Rep. Mark Finchem remain on the primary ballot barring a reversal by the state Supreme Court. Gosar and Biggs are seeking reelection and Finchem is running for Secretary of State, Arizona’s chief election officer.

The lawsuits filed on behalf of a handful of Arizona voters alleged that Gosar, Biggs and Finchem can’t hold office because they participated in an insurrection. They cited a section of the 14th Amendment to the U.S. constitution enacted after the Civil War.

None of the lawmakers are accused of participating in the actual attack on Congress that was intended to stop certification of President Joe Biden’s win.

Coury agreed with the lawmakers’ attorneys who said Congress created no enforcement mechanism for the 14th Amendment, barring a criminal conviction. He noted that Congress proposed such a law in the wake of the attack on Congress but it is not been enacted.


Groups seek to stop gold mine exploratory drilling in Idaho
Business Law Info | 2022/04/05 04:52
Environmental groups are renewing efforts to stop exploratory drilling by a Canadian mining company hoping to build a gold mine in Idaho west of Yellowstone National Park.

The Idaho Conservation League and Greater Yellowstone Coalition, in documents filed in federal court last month against the U.S. Forest Service, ask that the case involving Excellon Idaho Gold’s Kilgore Gold Exploration Project in the Caribou-Targhee National Forest in Clark County be reopened.

Excellon Idaho Gold is a subsidiary of Toronto, Ontario-based Excellon Resources Inc.

The company says the area contains at least 825,000 ounces (23.4 million grams) of gold near the surface, and potentially more deeper. The company said it is looking at possibly building an open-pit mine if exploration finds that the gold is mostly near the surface, or an underground mine if the gold is deeper.




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