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15 states urge Supreme Court to uphold gay marriage bans
Attorney News | 2015/04/07 19:42

Eight states where same-sex couples can marry are among 15 states urging the Supreme Court to uphold gay marriage bans and leave the matter to voters and lawmakers.

Louisiana and 14 other states are telling the justices in a brief filed Thursday that the court would do "incalculable damage to our civic life" if it decides that same-sex couples must be allowed to marry everywhere in the United States.

The states say they should be free to decide the issue for themselves.

Those seeking a nationwide decree in favor of same-sex marriage "urge the court to declare that the Constitution compels all 50 states to adopt this new form of marriage that did not exist in a single state 12 years ago. The court should decline that invitation," the states wrote.

Plaintiffs from Kentucky, Michigan, Ohio and Tennessee are asking the court to declare that the Constitution forbids states from denying same-sex couples the right to marry. The justices are scheduled to hear arguments on April 28.

Same-sex couples can marry in 37 states as a result of court decree, voter approval or legislative action.

The eight states on Thursday's legal filing where gay and lesbian couples can marry after courts struck down bans on gay marriage are: Alaska, Arizona, Idaho, Kansas, Montana, Oklahoma, Utah and West Virginia.

Seven other states where same-sex marriage remains illegal also joined the brief. They are: Arkansas, Georgia, Louisiana, Nebraska, North Dakota, South Dakota and Texas.


Jury finds ex-San Francisco bank executive guilty of fraud
Attorney News | 2015/03/31 20:09

A former executive of a San Francisco-based bank that received federal bailout money has been convicted of fraud.

U.S. Attorney Melinda Haag said Thursday a federal jury in Oakland found 66-year-old Ebrahim Shabudin guilty of conspiring with others within the bank to falsify key bank records as part of a scheme to conceal millions of dollars in losses and falsely inflate the bank's financial statements.

Shabudin was Chief Operating Officer for United Commercial Bank between 2008 and 2009.

United Commercial Bank received $298 million from the Troubled Asset Relief Program, or TARP, in 2008 during the height of the nation's financial crisis. That money was lost when the bank was seized by regulators, shuttered and filed for bankruptcy the following year. Shabudin faces up to 25 years in prison.


Afghan Court Sentences AP Journalist’s Killer to 20 Years
Legal Focuses | 2015/03/31 20:03

Afghanistan’s highest court has ruled that the police officer convicted of murdering Associated Press photographer Anja Niedringhaus and wounding AP correspondent Kathy Gannon almost one year ago should serve 20 years in prison, according to documents sent to the country’s attorney general on Saturday.

The final sentence for former Afghan police unit commander Naqibullah was reduced from the death penalty recommended by a primary court last year. Twenty years in prison is the maximum jail sentence in Afghanistan, said Zahid Safi, a lawyer for the Associated Press who had been briefed on the decision by the Supreme Court. The Supreme Court ruling upholds an intermediate court’s decision, which was opposed by the Military Attorney General’s office.

Naqibullah, who uses only one name, opened fire on Ms. Niedringhaus and Ms. Gannon without warning on April 4 as the two were covering the first round of the country’s presidential election outside the city of Khost in southeastern Afghanistan.

An award-winning German photographer, Ms. Niedringhaus was renowned for her humane depictions of ordinary life as well as for her coverage of conflict zones from the Balkans to Iraq, Libya and Afghanistan. She died instantly of her wounds at the age of 48. Ms. Gannon, a senior correspondent for Afghanistan and Pakistan with decades of experience in the region, was hit with six bullets that ripped through her left arm, right hand and left shoulder, shattering her shoulder blade. She is recovering from her injuries while undergoing physical therapy in her native Canada.

According to witnesses and court testimony, Ms. Gannon and Ms. Niedringhaus were seated in the back seat of a car parked in a crowd of police and election officials at a police station when Naqibullah walked up to the vehicle, shouted “Allahu Akbar,” and fired on them with a Kalashnikov assault rifle. He surrendered immediately. Witness and official accounts suggested the shooting was not planned.


Tenn. Attorney General Wants Court to Set Aside Municipal Broadband Ruling
Attorney News | 2015/03/27 23:34

Tennessee's attorney general wants a federal appeals court to set aside a recent decision by the Federal Communications Commission to allow cities like Chattanooga to offer municipal broadband beyond their normal service area.

State Attorney General Herbert Slatery said in the filing with the 6th U.S. Circuit Court of Appeals that the FCC had "unlawfully inserted itself between the state of Tennessee and the state's own subdivisions."

Slatery had been among several prominent Tennessee Republicans who had urged the FCC not to override a state law that blocks Chattanooga's electric utility from expanding its super-fast Internet network to surrounding areas. Other letter writers included Tennessee Gov. Bill Haslam and the state House and Senate speakers.

The FCC nevertheless voted 3-2 last month in favor of the utilities in Chattanooga and Wilson, North Carolina. President Barack Obama had pushed for the FCC's decision, saying the state laws stifled competition and economic development.

FCC Chairman Tom Wheeler, who voted with the majority, said at the time that some states have created "thickets of red tape designed to limit competition." The ruling was opposed by the commission's two Republican members, who argued it was outside the panel's authority, violated states' rights and undermined private enterprise.


Supreme Court rejects challenge to voter ID law in Wisconsin
Attorney News | 2015/03/27 23:34

The U.S. Supreme Court on Monday turned away a challenge to Wisconsin's voter identification law, allowing the law to stand and handing a victory to Gov. Scott Walker following a long fight by opponents who say it's a thinly veiled attempt to make it more difficult for Democratic backers to vote.

The law won't be enforced for an April 7 election because it's only two weeks away, but it will be in subsequent elections, the state attorney general said. Walker, a likely 2016 Republican presidential candidate, is a longtime proponent of voter ID requirements and signed Wisconsin's into law in 2011. But it was only in effect for one low-turnout primary in 2012 before legal challenges kept it on hold.

The Supreme Court's decision not to take up the case ends the legal fight, for now. "This is great news for Wisconsin voters," Walker said in a statement. "As we've said, this is a common sense reform that protects the integrity of our voting process, making it easy to vote and hard to cheat."

Democratic critics, as well as a federal judge in Milwaukee who last year declared the law to be unconstitutional, say in-person voting fraud is extremely rare. In his ruling striking down the law, U.S. District Judge Lynn Adelman said there appears to have been one documented case of voter fraud in Wisconsin between 2004 and 2012, and that was committed by a man who obtained a ballot in the name of his deceased wife.

Opponents of the law say its true intent is to make it more difficult for older, poor and minority voters who tend to support Democrats and are more likely not to have the proper ID. The American Civil Liberties Union and allied groups persuaded Adelman to declare the law unconstitutional last year. But the 7th U.S. Circuit Court of Appeals in Chicago later ruled that the law did not violate the Constitution.


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