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Justices pepper health care law opponents with questions
Court Line |
2015/03/05 21:53
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Supreme Court justices peppered opponents of President Barack Obama's health care law with skeptical questions during oral arguments Wednesday on the latest challenge to the sweeping legislation.
Justice Anthony Kennedy, whose vote is seen as pivotal, suggested that the plaintiffs' argument raises a "serious" constitutional problem affecting the relationship between states and the federal government.
The plaintiffs argue that only residents of states that set up their own insurance markets can get federal subsidies to help pay their premiums.
Millions of people could be affected by the court's decision. The justices are trying to determine whether the law makes people in all 50 states eligible for federal tax subsidies to cut the cost of insurance premiums. Or, does it limit tax credits only to people who live in states that created their own health insurance marketplaces?
During oral arguments, the courts' liberal justices also expressed doubts. In an earlier case involving the law, however, Kennedy was on the opposite side, voting to strike down a key requirement.
A ruling that limits where subsidies are available would have dramatic consequences because roughly three dozen states opted against their own marketplace, or exchange, and instead rely on the U.S. Health and Human Services Department's healthcare.gov. Independent studies estimate that 8 million people could lose insurance coverage. |
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Court: Not disclosing HIV before sex is a misdemeanor
Attorney News |
2015/02/25 18:06
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An HIV-positive man who told a partner that they could safely have unprotected sex should face a misdemeanor reckless endangerment charge, not a felony, New York's highest court ruled Thursday.
The Court of Appeals said Terrance Williams didn't expose his partner "out of any malevolent desire" to give him the virus that causes AIDS, though he lied about having the infection and his partner did get sick. The court said the Syracuse man didn't show "depraved indifference," which is necessary to support the felony charge.
The judges declined to decide whether HIV infection no longer "creates a grave and unjustifiable risk of death" because of advances in medical treatment. Two lower courts had reached that conclusion while knocking down the felony indictment to the lesser charge.
The felony could have sent Williams to prison for seven years. He still faces the misdemeanor and a possible year in jail if convicted.
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Philippine court enters not guilty plea for US Marine
Court Watch |
2015/02/25 18:06
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A Philippine court entered a not guilty plea Monday for a U.S. Marine charged with murdering a transgender Filipino, allegedly after he discovered her gender when they checked into a hotel.
Marine Pfc. Joseph Scott Pemberton refused to enter a plea in the brief proceeding in a court in Olongapo city northwest of Manila, according to Justice Secretary Leila de Lima. Journalists were barred from the courtroom.
Dozens of left-wing protesters waved red flags outside the courthouse, demanding justice and an end to the U.S. military presence in the former American colony. Gay and lesbian groups have also staged protests denouncing the killing of Jennifer Laude, whose former name was Jeffrey, as a hate crime.
Monday's arraignment paves the way for Pemberton's trial, which lawyers of the victim's family said is scheduled to start next month.
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NC Supreme Court considers status of private school vouchers
Attorney News |
2015/02/16 20:03
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The state Supreme Court is about to decide whether millions of dollars in taxpayer money that started flowing this year to pay student tuition at private and religious schools continues for a second year.
The state's highest court hears arguments Tuesday on a ruling last summer that the Opportunity Scholarships program violates the state constitution because religious schools can discriminate based on faith. Wake County Superior Court Judge Robert Hobgood also said privately run K-12 schools are not required to meet state curriculum standards.
Supreme Court justices showed they're in a hurry to decide whether private school vouchers will continue by latching on to the case early. Parents are already looking ahead and the deadline for them to submit scholarship applications for the next academic year is March 1.
So far, more than $4.2 million has paid for 1,200 students to attend 216 private schools around the state, according to the State Education Assistance Authority. That's a fraction of the 5,500 students whose families sought one of the scholarships, said Darrell Allison, who heads a group that advocates for expanding the program. Three out of four applicants for the vouchers, which pay private schools up to $4,200 per child per year to schools that admit them, were minority students.
"There are literally thousands of families who are looking forward to their day in court — desperately hopeful for a favorable ruling," Allison, president of Parents for Educational Freedom in North Carolina, said in a statement.
The program opened this year to families whose income qualified their children for free or discounted school lunches, a ceiling of about $44,000 for a family of four. Eligibility increases for the year starting in August as the ceiling rises to nearly $59,000 per family.
Opponents of the voucher law complain that it violates the constitution because money from collected taxes goes to religious schools that have the option of ruling out students who don't follow their faith's beliefs, turning away the disabled or refusing the children of gay parents. |
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Court says Chuck Yeager can sue Utah gun safe company
Attorney News |
2015/02/16 20:03
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A federal appeals court says record-setting test pilot Chuck Yeager can sue a Utah gun safe company that named a line of safes after him.
The 10th U.S. Circuit Court of Appeals in Denver ruled Tuesday that the 91-year-old can sue Fort Knox Security Products over an oral agreement from the 1980s that allowed the use of his name and picture in exchange for free safes.
The decision says the arrangement ended around 2008, after Yeager's wife started asking questions about it.
The court dismissed some claims but ruled that Yeager can sue over claims that the company kept using his likeness after the agreement ended. The company disputes that accusation.
Yeager served during World War II and became the first person to break the sound barrier in 1947. |
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