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Jerry Sandusky appears remotely ahead of federal bid for new trial
Law Firm News/New Mexico | 2026/09/09 06:46

Former Penn State assistant football coach Jerry Sandusky appeared in court remotely Tuesday where he said he agreed with his lawyers not to go forward with testimony from an accuser who wants to recant allegations that Sandusky sexually abused him years ago.

The hearing was part of the latest bid by Sandusky's lawyers to secure a new trial for him as his lawyers prepare to go to federal court to seek a new trial after failing repeatedly in state courts.

In court, Sandusky, 82, appeared on a video screen in a spare room in Laurel Highlands state prison, seated at a small table in a maroon-colored shirt looking up at the camera through glasses.

Under questioning, he told Centre County Judge Maureen Skerda he had consulted with his lawyers about the decision not to present the accuser's testimony recanting the allegations from Sandusky's 2012 trial.

"I'm making this decision on advice of counsel," Sandusky said, his arms on the table in front of him, a notepad between them. "Is there anything wrong with that?"

Sandusky, 82, has been serving a decades-long prison sentence since he was convicted of 45 counts of sexual abuse in 2012, after eight young men testified about what happened to them as boys.

Sandusky's lawyer, Jerry Russo, told reporters later that state courts frown on granting new trials based on a witness recantation, seeing it as "inherently unreliable."

Instead, Russo said, he plans to take Sandusky's broader claims for a new trial to federal court — Sandusky's made at least three attempts in state courts — after one more procedural appeal in state court.

Last year, Sandusky's lawyers had asked for a new trial, claiming there were inconsistencies in the accusers' testimony and that their testimony was driven by the possibility of financial gain, coaching by prosecutors and "therapy intended to (help) them reconstruct memories of alleged abuse."

Skerda months ago had refused to hear the claims, except for the recantation of the victim identified in court documents as R.R.

On Tuesday, Russo suggested that it wasn't worth taking the time for the judge to hear and consider the recantation testimony if it has no chance to win a new trial in a state court.

"If that's the only issue that remains for us to litigate, there's no purpose being served litigating it here in state court," Russo said.

Skerda told Russo and Sandusky that withdrawing the request to present the recantation from the accuser, identified in court documents as R.R., meant that it could not be litigated again in state or federal court.

Russo agreed with that assessment, saying "technically" it is true, but also suggested that the recantation could find its way into federal court, saying that "there are other witnesses that can testify" about R.R.'s recantation.

The Pennsylvania Office of Attorney General had said the supposed recantation was "highly suspect" and said it had prepared to rebut the recantation claim with testimony from six witnesses and other evidence.

In a statement, Attorney General David Sunday called Sandusky a "convicted child predator" and said he is making another attempt to "avoid accountability and escape punishment for years of abuse he perpetrated."

Sandusky was the defensive coordinator at one of the country's top football programs under Hall of Fame head coach Joe Paterno. The scandal led to Paterno's firing, and the university paid more than $100 million to people who said they were abused by Sandusky.

Authorities said he found and groomed boys at The Second Mile, a charity he founded for at-risk youth. Sandusky has repeatedly declared his innocence.

R.R., who was 25 years old at trial, testified that when he was 11, Sandusky sexually abused him in the coach's basement in 1998, a transcript shows.



Court asked to review Texas law requiring the Ten Commandments in public schools
Law Firm News | 2026/08/18 07:15

Civil rights advocates on Monday asked the U.S. Supreme Court to review a Texas law requiring public schools to display the Ten Commandments, teeing up a potential new test of state-sponsored religious expression in classrooms.

Posters featuring the Ten Commandments began going up almost a year ago in classrooms across Texas, which educates about 5.5 million students. An appeals court earlier this year cleared the way for Texas’ law and one in Louisiana, and similar laws have been passed in Arkansas and Alabama.

“This is an issue of nationwide importance because a number of states have been considering these laws in recent years,” said Heather Weaver, an attorney with the American Civil Liberties Union.

Over two dozen Texas families represented by the ACLU and other groups petitioned the nation’s highest court to hear their challenge after the conservative-leaning 5th U.S. Circuit Court of Appeals in April upheld the Texas law in a 9-8 ruling.

“We would like for the Supreme Court to make clear that singling out Scripture for display in public schools is a violation of the First Amendment,” Weaver said.

The office for Texas Attorney General Ken Paxton did not immediately comment Monday.

In the families’ Supreme Court brief, their attorneys argue that the law violates basic First Amendment principles governing the separation of church and state.

“The question of whether a state may impose scripture on impressionable, captive-audience children — for nearly every hour of every school day, for up to (13) years — implicates the most fundamental guarantees of the First Amendment and our Nation’s highest ideals,” they wrote.

The New Orleans-based 5th Circuit reversed lower federal court rulings that had blocked some Texas school districts from putting up the posters.

Republican Gov. Greg Abbott signed the law, which took effect last September. Because Texas’ law only requires districts to hang the Ten Commandments if they are donated, conservative groups and individuals began dropping off boxes of posters at campuses across the state as the school year began last year.

“No child is made to recite the Commandments, believe them, or affirm their divine origin,” the 5th Circuit’s ruling says.

In 1980, the U.S. Supreme Court ruled that a similar Kentucky law violated the establishment clause of the U.S. Constitution, which says Congress can “make no law respecting an establishment of religion.” The high court found that the law had no secular purpose but rather served a plainly religious purpose.



A pillar of environmental enforcement is targeted by Trump
Law Firm News | 2026/08/09 10:15

Right-leaning legal activists along with Elon Musk’s artificial intelligence company have brought sweeping challenges against a cornerstone of legal enforcement in the United States: the right of private groups, people and local governments to sue over violations of many major laws.

Their argument, supported by the Trump administration, is that the Constitution reserves tremendous power for the president and federal agencies to decide how — or whether at all — to enforce federal law. They contend Congress should never have handed that power to others through so-called citizen suits that are part of environmental, campaign finance and certain other laws.

Environmentalists say it would be devastating to lose this essential, decades-old tool that is used to impose fines and halt lawbreaking by bad actors. Citizen suits, for example, have extracted millions from heavily polluting oil and gas operations, and ensured that lead pipes in Flint, Michigan, would be removed after its water crisis.

Legal experts say four pending federal cases — one of them filed last week — are moving forward at a time when the conservative majority on the Supreme Court gives opponents of citizen suits a greater chance than ever of success. The hard part for those opponents now is winning early federal cases and creating disagreement between the country’s appeals courts, which may help convince the Supreme Court the issue is important enough for a nationwide ruling.

Back in 2000, a Supreme Court opinion opened the door for that possibility.

“Many of us who worked in this area have been waiting basically 26 years for this shoe to drop,” said Richard Lazarus, a Harvard professor with decades of experience in environmental law.

Lazarus was referring to former moderate Justice Anthony Kennedy’s comments in a Clean Water Act case that citizen suits raised “difficult and fundamental” questions about whether they improperly dilute executive power. The late conservative Justice Antonin Scalia wrote in a dissenting opinion in the same case that citizen suits turn “over to private citizens the function of enforcing the law.” He avoided explicitly saying they were constitutional.

“The court is more like Scalia’s court since he died than it ever was when he was there,” said Lazarus.

He observed that those who lost cases where Scalia dissented are rushing back to today’s court hoping for a more favorable result.

The critical issue for citizen suits is who — the government or private citizens — collects fines and has control. A person filing a citizen suit must tell the government ahead of time. The government can stop the suit if it sufficiently pursues the case itself, but its options are limited and the person suing can stay involved. Citizen suits can force compliance with the law and result in fines, which go to the U.S. Treasury.



Small businesses file lawsuits against Trump’s new sweeping tariffs
Law Firm News | 2026/08/03 07:31

Two lawsuits filed by small businesses are challenging Trump’s sweeping tariffs announced Thursday that impose double-digit levies on 60 trading partners.

The tariffs, implemented under Section 301 of the Trade Act of 1974 for what the Trump administration says is countries’ failure to prevent imports produced by forced labor, cover 99% of U.S. imports. Critics say the goal is less to prevent forced-labor imports and more to replace the worldwide tariffs that Trump imposed last year that were struck down by the Supreme Court in February. They came just as temporary 10% worldwide tariffs — that had also been challenged in court — expired.

Educational toy company Learning Resources, which was part of the tariff lawsuit that won in the Supreme Court, filed a new suit along with several other small businesses in the Court of International Trade on Friday over the current round of tariffs.

The second lawsuit was filed by Burlap and Barrel, a New York-based spice company, and Collective Horology, a watch retailer based in Ventura, California. They are represented by Liberty Justice Center, a libertarian advocacy group.

Both lawsuits argue that the government didn’t adequately establish its case against each specific economy or spell how the tariffs will eliminate the specified practice they are being levied for, as required by Section 301.

“Forced labor is morally indefensible, but an important objective does not give the government permission to ignore the law,” said Sara Albrecht, chairman and CEO of the Liberty Justice Center. “The administration allowed one global tariff to expire and immediately replaced it with another under a different statute. Changing the statute doesn’t change the law.”

The White House did not immediately respond to a request for comment.

Experts say it might be tougher to successfully challenge the current round of tariffs than previous rounds. Trump used Section 301 to impose big tariffs on China in his first term, and they survived court challenges.

Unlike the Section 122 levies that expired Friday, “these tariffs will be with us for the long haul,” said lawyer Patrick Childress, a partner at Holland & Knight and a former U.S. trade official.

Even if countries enact the precise policies the U.S. wants, he said, they will still need to prove that they’re enforcing them to Washington’s satisfaction before the tariffs are removed. “This suggests that no short-term path for country-wide relief from the new Section 301 tariffs will be available.”



The U.S. government can continue collecting the 10% worldwide tariff it imposed
Law Firm News | 2026/07/27 07:26

The U.S. government can continue collecting the 10% worldwide tariff it imposed in February while legal challenges to the levies continue to work their way through the courts, a federal court ruled Thursday.

The Court of Appeals for the Federal Circuit in Washington decision handed a procedural win to the Trump administration, concluding that its case was “likely to succeed on the merits.”

At issue are temporary 10% worldwide tariffs President Donald Trump imposed after the Supreme Court in February struck down even broader double-digit tariffs the president had imposed last year on almost every country on Earth. The new tariffs, invoked under Section 122 of the Trade Act of 1974, are set to expire July 24.

Section 122, which had never been used to justify import taxes before, allows the president to impose worldwide tariffs of up to 15% for 150 days, after which congressional approval is needed to extend them.

Section 122 is aimed at what it calls “fundamental international payments problems.” In dispute is whether that wording covers trade deficits — the gap between what the U.S. sells other countries and what it buys from them — as the Trump administration contends.

A split three-judge panel of the specialized Court of International Trade in New York last month found the 10% global tariffs were illegal after small businesses sued to stop them. The trade court ruled 2-1 that Trump overstepped the tariff power that Congress had delegated to the president under the law. The tariffs are “invalid” and “unauthorized by law,” the majority wrote.



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