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High court ruling could reshape Virginia political map
Headline Legal News | 2017/02/26 08:39
A U.S. Supreme Court decision reviving a challenge to several Virginia legislative districts could send lawmakers back to the drawing board, but Republicans say they are confident the state's current electoral map will withstand further scrutiny.

The justices on Wednesday tossed out a ruling that upheld 11 districts in which African-Americans made up at least 55 percent of eligible voters and ordered the lower court to re-examine the boundaries. The lawsuit accused lawmakers of illegally packing black voters into certain districts to make surrounding districts whiter and more Republican.

Democrats say they're certain the lower court will find the districts unconstitutional and force lawmakers to redraw them. Marc Elias, an attorney for the Virginia voters who brought the case, said they will push for that to happen before the November elections.

"It's important that the people of the Commonwealth don't have to have another election using unconstitutional district lines, and we will move forward as quickly as possible to make sure we have constitutional and fair lines in place for the 2017 elections," Elias said.

The top Republican in the Virginia House, however, said he's confident that the current boundaries will stand.



Supreme Court won't hear Ohio man's Amish hair-cutting case
Headline Legal News | 2017/02/24 08:44
The U.S. Supreme Court won't review the case of the Ohio leader of a breakaway group that was accused in hair- and beard-cutting attacks on fellow Amish.

Defense lawyers challenged the constitutionality of the federal hate crimes law and how a kidnapping allegation was used to stiffen the sentence for 71-year-old Samuel Mullet Sr. He petitioned the Supreme Court after a federal court rejected his appeal last May.

Mullet's attorney, Ed Bryan, told Cleveland.com he is disappointed by the high court's decision this week not to take up the case.

Prosecutors said some of the victims in the 2011 attacks were awakened in the middle of the night and restrained as others cut their hair and beards, which have spiritual significance in the Amish faith. Prosecutors alleged the motive was religious, while the defense attributed it to family disputes.

Mullet, who led a group in the eastern Ohio community of Bergholz near the West Virginia panhandle, was accused of orchestrating the attacks. Despite arguments that he wasn't present during the hair-cuttings, he received an 11-year sentence.



Partisan struggle over NC governor's authority back in court
Headline Legal News | 2017/02/11 23:47
Judges are hearing more arguments about North Carolina Republican lawmakers' efforts to reduce Democratic Gov. Roy Cooper's authority in choosing his Cabinet.

A three-judge panel scheduled arguments Friday on whether to extend their recent temporary block of a law requiring Senate confirmation of Cooper's Cabinet secretaries.

The GOP-controlled legislature passed the law shortly before Cooper took office, one of several provisions designed to limit Cooper's powers.

Cooper's attorneys say confirmation usurps his authority to carry out core executive functions. Republicans respond that the state Constitution gives senators "advice and consent" powers with gubernatorial appointees.

The governor wants the law blocked at least until a hearing scheduled for March.

In another gubernatorial power issue, a state appeals court on Thursday temporarily reinstated a law stripping Cooper of his oversight of elections.


Travel ban decision in hands of federal appeals court judges
Headline Legal News | 2017/02/10 23:46
A federal appeals court will decide whether to reinstate President Donald Trump's travel ban after a contentious hearing in which the judges hammered away at the administration's motivations for the ban, but also directed pointed questions to an attorney for two states trying to overturn it.

It was unclear which way the three judges of the San Francisco-based 9th Circuit Court of Appeals would rule, though legal experts said the states appeared to have the edge.

"I'm not sure if either side presented a compelling case, but I certainly thought the government's case came across as weaker," said Stephen Vladeck, a professor at the University of Texas School of Law.

A ruling could come as early as Wednesday and could be appealed to the U.S. Supreme Court.

Trump tweeted early Wednesday: "If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!"

The appeals court challenged the administration's claim that the ban was motivated by terrorism fears, but it also questioned the argument of an attorney challenging the executive order on grounds that it unconstitutionally targeted Muslims.

The contentious hearing before three judges on the San Francisco-based 9th Circuit Court of Appeals focused narrowly on whether a restraining order issued by a lower court should remain in effect while a challenge to the ban proceeds. But the judges jumped into the larger constitutional questions surrounding Trump's order, which temporarily suspended the nation's refugee program and immigration from seven mostly Muslim countries that have raised terrorism concerns.


Kenya court blocks closing of world's biggest refugee camp
Headline Legal News | 2017/02/08 23:47
A Kenyan court ruled Thursday that the government must not close the world's largest refugee camp and send more than 200,000 people back to war-torn Somalia, a decision that eases pressure on Somalis who feared the camp would close by the end of May.

Kenya's internal security minister abused his power by ordering the closure of Dadaab camp, Judge John Mativo said, adding that the minister and other officials had "acted in excess and in abuse of their power, in violation of the rule of law and in contravention of their oaths of office."

Rights groups Amnesty International, Kituo cha Sheria and the Kenyan National Commission on Human Rights had challenged the government's order to close the camp, which has operated for more than a quarter-century.

Kenya's government quickly said it will appeal the ruling. "Being a government whose cardinal responsibility is first to Kenyans, we feel this decision should be revoked," spokesman Eric Kiraithe said.

The judge called the order discriminatory, saying it goes against the Kenyan constitution as well as international treaties that protect refugees against being returned to a conflict zone.

President Uhuru Kenyatta's government has not proved Somalia is safe for the refugees to return, the judge said, also calling the orders to shut down the government's refugee department "null and void."

Somalia remains under threat of attacks from homegrown extremist group al-Shabab. Some Kenyan officials have argued that the sprawling refugee camp near the border with Somalia has been used as a recruiting ground for al-Shabab and a base for launching attacks inside Kenya. But Kenyan officials have not provided conclusive proof of that.



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