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Challenge filed in court to Australian gay marriage ballot
Court News | 2017/07/31 09:26
Gay-rights advocates filed a court challenge Thursday to the government's unusual plan to canvass Australians' opinion on gay marriage next month, while a retired judge said he would boycott the survey as unacceptable.

The mail ballot is not binding, but the conservative government won't legislate the issue without it. If most Australians say "no," the government won't allow Parliament to consider lifting the nation's ban on same-sex marriage.

Lawyers for independent lawmaker Andrew Wilkie and marriage equality advocates Shelley Argent and Felicity Marlowe, applied to the High Court for an injunction that would prevent the so-called postal plebiscite from going ahead.

"We will be arguing that by going ahead without the authorization of Parliament, the government is acting beyond its power," lawyer Jonathon Hunyor said.

Prime Minister Malcolm Turnbull said the government had legal advice that the postal ballot would withstand a court challenge.

"I encourage every Australian to exercise their right to vote on this matter. It's an important question," Turnbull said.

Gay-rights advocates and many lawmakers want Parliament to legislate marriage equality now without an opinion poll, which they see as an unjustifiable hurdle to reform.

Retired High Court judge Michael Kirby, a gay man who supports marriage equality, dismissed the ballot as "irregular and unscientific polling."

"It's just something we've never done in our constitutional arrangements of Australia, and it really is unacceptable," Kirby told Australian Broadcasting Corp.

Kirby would not comment on the legality of the government proceeding with the 122 million Australian dollar ($96 million) ballot without Parliament's approval, but said: "I'm not going to take any part in it whatsoever."

Plebiscites in Australia are referendums that don't deal with questions that change the constitution. Voting at referendums is compulsory to ensure a high voter turnout and that the legally-binding result reflects the wishes of a majority of Australians.


Idaho Supreme Court upholds grocery tax veto
Court News | 2017/07/20 13:08
The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.

The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.

Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.

However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.

"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.

Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.

For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session.


North Carolina Court to Rule on Law on Gov's Elections Role
Court News | 2017/07/18 13:09
North Carolina's highest court is speeding up a final decision on whether Republican legislators could strip down the election oversight powers of the state's new Democratic governor.

The state Supreme Court said Wednesday it will take up Gov. Roy Cooper's lawsuit against state legislative leaders. The decision bypasses an intermediate appeals court and schedules a Supreme Court hearing on Aug. 28.

GOP lawmakers have sought to dilute Cooper's powers since he narrowly beat incumbent GOP Gov. Pat McCrory last year.

The contested law takes away Cooper's ability to appoint a majority of the state elections board and make every county's elections board a Democratic majority. The law would make a Republican head of the decision-making state board in presidential election years when most people vote and ballot disputes are hottest.



Hearing In San Diego Unified Suit Against The College Board
Court News | 2017/07/12 10:24
Judge Michael M. Anello will hear San Diego Unified's motion for a temporary restraining order in federal court 4 p.m. Friday, according to court records. The district filed a lawsuit Friday against the College Board and Educational Testing Services, the company that administers Advanced Placement tests, seeking to have the results of 844 voided Scripps Ranch High School AP exams released.

The district, along with 23 students, is alleging that withholding the scores is a breach of contract. The students say they would face thousands of dollars in damages if they miss out on college credits because of the decision.

An attorney for the San Diego Unified School District was in court Monday seeking a temporary restraining order on a College Board ruling to invalidate several hundred Advanced Placement exams taken at Scripps Ranch High School in May. The testing nonprofit voided the tests after learning the school did not follow proper seating protocols.


Rob Kardashian's ex-fiancee arrives at court for hearing
Court News | 2017/07/11 10:11
Rob Kardashian's former fiancée Blac Chyna has arrived at a Los Angeles courthouse to seek a restraining order against the reality television star.

Chyna and her attorney Lisa Bloom walked into the downtown Los Angeles courthouse Monday morning without speaking to reporters.

Bloom has accused Kardashian of cyber bullying over a series of lurid Instagram posts he made last week. The posts got Kardashian's Instagram account shut down, but he continued his attacks on Twitter. The posts became a worldwide trending topic

Kardashian and Chyna announced their engagement in April 2016 and starred in an E! reality show about their relationship. The couple split up a month later. Their daughter, Dream, was born last November.



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