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Feds: US Supreme Court should turn down 'Bridgegate' appeal
Court Line | 2019/05/16 16:00

The U.S. solicitor general's office has recommended that the U.S. Supreme Court not hear the appeal of two convicted defendants in the "Bridgegate" case, nudging the four-year legal saga of New Jersey's most famous traffic jam toward a conclusion.

"Further review is not warranted," the brief filed late Wednesday said. The Supreme Court is expected to decide whether to hear the case by the end of its term next month.

Bridget Kelly and Bill Baroni want the court to hear the appeal of their 2016 convictions for causing gridlock near the George Washington Bridge to punish a mayor for not endorsing their boss, former Republican Gov. Chris Christie.

Christie wasn't charged, but the revelations from the scandal and conflicting accounts of when he knew about the plot combined to sabotage his 2016 presidential aspirations.

Kelly, Christie's former deputy chief of staff at the time of the 2013 lane realignments in the town of Fort Lee, and Baroni, deputy executive director of the Port Authority of New York and New Jersey, had their sentences reduced this spring after a federal appeals court tossed some convictions last fall. Kelly petitioned the Supreme Court to consider the rest of the convictions, and Baroni joined in the appeal.

They argued that while their actions may have been ethically questionable, they weren't illegal because neither derived personal benefit, and the Port Authority, which operated the bridge, wasn't deprived of tangible benefits as a result of the scheme.


Apps cost too much? Court allows suit adding to Apple’s woes
Court Line | 2019/05/14 22:53

Consumers can pursue a lawsuit complaining that iPhone apps cost too much, the Supreme Court ruled on Monday, adding to Apple’s woes that already include falling iPhone sales and a European investigation.

The lawsuit could have major implications for the tech giant’s handling of the more than 2 million apps in Apple’s App Store, where users get much of the software for their smartphones. While most of those apps are free to download, some impose fees for people to use the software and subscribe to the services.

In those cases, Apple charges a commission of 30%, a practice that the lawsuit contends unfairly drives up the price for the apps. Justice Brett Kavanaugh wrote the majority opinion that agreed the antitrust lawsuit can move forward in a lower court.

The court’s four liberal justices joined Kavanaugh, one of President Donald Trump’s two high court appointees, to reject a plea from Apple to end the lawsuit at this early stage. The decision did not involve the merits of the suit.

Apple argues it’s merely a pipeline between app developers and consumers, and that iPhone users have no claims against Apple under antitrust law and a 1977 Supreme Court decision. Tens of thousands of developers create the software and set the price, Apple says.

“We’re confident we will prevail when the facts are presented and that the App Store is not a monopoly by any metric,” Apple said in statement issued in response to Monday’s ruling. The lawsuit could take years to wind to its conclusion.


Supreme Court says 1 state can’t be sued in another’s courts
Court Line | 2019/05/10 22:51

The Supreme Court decided Monday that one state cannot unwillingly be sued in the courts of another, overruling a 40-year precedent and perhaps, foreshadowing an argument over the viability of other high court decisions.

The outcome left one dissenting justice wondering “which cases the court will overrule next.”

The justices divided 5-4 to end a long-running dispute between California officials and Nevada inventor Gilbert Hyatt.

Hyatt is a former California resident who sued California’s tax agency for being too zealous in seeking back taxes from him. Hyatt won a judgment in Nevada courts.

But Justice Clarence Thomas wrote for the court’s conservative justices that the Constitution forbids states from opening the doors of their courts to a private citizen’s lawsuit against another state. In 1979, the high court concluded otherwise.

The four liberal justices dissented, saying they would have left alone the court’s decision in Nevada v. Hall. Justice Stephen Breyer said there are good reasons to overrule an earlier case, including that it is no longer workable or a vestige of an otherwise abandoned legal doctrine.

But Breyer said that justices should otherwise adhere to the principle of stare decisis, Latin for to stand by things decided.

“It is far more dangerous to overrule a decision only because five members of a later court come to agree with earlier dissenters on a difficult legal question,” Breyer wrote. He included a reference to the court’s 1992 ruling in Planned Parenthood of Southeastern Pennsylvania v. Casey that reaffirmed the right to abortion the court declared in Roe v. Wade in 1973.

The future of abortion rights at the court is a matter of intense interest as several states have enacted increasingly restrictive abortion laws in the hope that a more conservative Supreme Court majority will uphold them.

In his majority opinion, Thomas cited other Supreme Court precedent that held “stare decisis is not an inexorable command.”

The Hyatt case had been to the Supreme Court twice before. In 2016, the justices split 4-4 over the same question that was finally answered on Monday.


EPA reaffirms glyphosate safe for users as court cases grow
Legal PR | 2019/05/01 21:53

The Environmental Protection Agency reaffirmed Tuesday that a popular weed killer is safe for people, as legal claims mount from Americans who blame the herbicide for their cancer.

The EPA’s draft conclusion Tuesday came in a periodic review of glyphosate, the active ingredient in Roundup. The agency found that it posed “no risks of concern” for people exposed to it by any means — on farms, in yards and along roadsides, or as residue left on food crops.

The EPA’s draft findings reaffirmed that glyphosate “is not likely to be carcinogenic to humans.”

Two recent U.S. court verdicts have awarded multimillion-dollar claims to men who blame glyphosate for their lymphoma. Bayer, which acquired Roundup-maker Monsanto last year, advised investors in mid-April that it faced U.S. lawsuits from 13,400 people over alleged exposure to the weed killer.

Bayer spokesmen did not immediately respond Tuesday to an email seeking comment.

Nathan Donley, a scientist at the Center for Biological Diversity environmental group, said the agency is relying on industry-backed studies and ignoring research that points to higher risks of cancer.

In 2015, the International Agency for Research on Cancer, part of the World Health Organization, classified glyphosate as ”probably carcinogenic to humans.” The agency said it relied on “limited” evidence of cancer in people and “sufficient” evidence of cancer in study animals.

The EPA draft review says the agency found potential risk to mammals and birds that feed on leaves treated with glyphosate, and risk to plants. The agency is proposing adding restrictions to cut down on unintended drift of the weed killer, including not authorizing spraying it by air when winds are above 15 mph.


Roggensack Re-Elected as Wisconsin Supreme Court Chief
Court Line | 2019/04/27 04:54

Wisconsin Supreme Court Chief Justice Patience Roggensack has been re-elected to a third, two-year term leading the court.

The court announced her re-election by fellow justices Tuesday. The result was public, but the vote was done in secret and the breakdown was not announced.

Roggensack replaced Justice Shirley Abrahamson as chief justice in 2015 after voters approved a constitutional amendment giving justices the power to elect the chief justice. Prior to that it had automatically gone to the longest-serving member, who is Abrahamson.

Roggensack is one of the four majority conservative justices. Abrahamson is one of three minority liberal members.

Roggensack says in a statement that she is honored to continue serving as chief justice. She has been on the Supreme Court since 2003.

The chief justice also serves as the administrative head of Wisconsin's judicial system.


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