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High court poised to upend civil rights policies
Legal News |
2013/04/02 17:33
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Has the nation lived down its history of racism and should the law become colorblind?
Addressing two pivotal legal issues, one on affirmative action and a second on voting rights, a divided Supreme Court is poised to answer those questions.
In one case, the issue is whether race preferences in university admissions undermine equal opportunity more than they promote the benefits of racial diversity. Just this past week, justices signaled their interest in scrutinizing affirmative action very intensely, expanding their review as well to a Michigan law passed by voters that bars "preferential treatment" to students based on race. Separately in a second case, the court must decide whether race relations - in the South, particularly - have improved to the point that federal laws protecting minority voting rights are no longer warranted.
The questions are apt as the United States closes in on a demographic tipping point, when nonwhites will become a majority of the nation's population for the first time. That dramatic shift is expected to be reached within the next generation, and how the Supreme Court rules could go a long way in determining what civil rights and equality mean in an America long divided by race.
The court's five conservative justices seem ready to declare a new post-racial moment, pointing to increased levels of voter registration and turnout among blacks to show that the South has changed. Lower federal courts just in the past year had seen things differently, blunting voter ID laws and other election restrictions passed by GOP-controlled legislatures in South Carolina, Texas and Florida, which they saw as discriminatory. |
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NY court hears arguments on town fracking bans
Court Watch |
2013/03/25 22:04
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Backers of natural gas drilling and environmental advocates wrangled Thursday over whether New York's towns have the legal right to ban oil and gas development in a fight that could ultimately be decided by the state's highest court.
A four-judge appellate panel heard arguments over the local bans in Dryden and Middlefield, two central New York towns among dozens in the state that have passed zoning laws prohibiting drilling. Opponents argue state rules supersede such local restrictions.
The Dryden law is being challenged by drilling company Norse Energy and the Middlefield ban by a dairy farmer who said the town's action prevents her from making money from gas wells that had been planned for her land.
The cases are being closely watched by other towns across the state as a test of their constitutional right of "home rule." They're also of keen interest to the industry, which has claimed it can't operate profitably in a state with a patchwork of local regulation that may shift with each town board election. |
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Man pleads not guilty in Oakland bank bomb case
Court Watch |
2013/03/15 06:46
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A 28-year-old former Marine has pleaded not guilty to charges that he tried to blow up an Oakland bank with a car bomb.
The Oakland Tribune reports Matthew Aaron Llaneza of San Jose entered the plea Friday in federal court. If convicted, he could face life in prison for attempting to use a weapon of mass destruction.
LLaneza's attorney says his client was found to suffer from significant mental illness but was competent to stand trial.
Authorites say Llaneza tried to blow up a Bank of America branch last month and ignite a civil war by blaming the bombing on anti-government militias.
LLaneza has been held in jail since he was caught in an FBI sting operation involving an agent posing as a member of the Taliban. |
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Former Chicago Bear pleads guilty to tax charges
Court Line |
2013/03/11 22:18
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Former Chicago Bears player Chris Zorich pleaded guilty Thursday to federal tax charges, admitting to the judge that he didn't file "in a timely fashion."
The 43-year-old faced four misdemeanor counts of not filing federal income tax returns from 2006 to 2009. Over that time, he allegedly made more than $1 million, including income from a charity he founded.
The judge asked Zorich if he knew he was wrong not to file the returns.
"Yes, your honor," Zorich said, wearing a black suit and tie.
His attorney previously said Zorich was looking forward to putting the case behind him.
The Chicago native was on the 1988 Notre Dame team that won a national championship. He played for the Bears from 1991 to 1996 and ended his career with the Washington Redskins in 1997. |
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Court says Guam man can sue gov't over surgery
Court Watch |
2013/03/04 20:39
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The Supreme Court says a Guam man can sue the government for a Navy surgeon's unsuccessful cataract surgery.
A unanimous court ruled on Monday for Steven Alan Levin, who was operated on in March 2003 at the United States Naval Hospital in Guam, a U.S. territory. Levin said he withdrew his consent before the operation began but doctors proceeded anyway. Levin suffered complications, which require ongoing treatment.
Levin sued for medical malpractice and battery. The courts threw out the medical malpractice complaint and kept the battery charge. But the 9th U.S. Circuit Court of Appeals said the government is also immune from being sued for battery.
The Supreme Court reversed that decision, with Justice Ruth Bader Ginsburg writing for the court that Levin's battery lawsuit against the government can move forward. |
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