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Kansas high court justices defend handling of capital cases
Legal News | 2016/11/02 22:47

Four Kansas Supreme Court justices facing a campaign to oust them in the Nov. 8 election say the court has decided capital murder cases on legal and constitutional issues while avoiding politics and emotion.

Past high court rulings overturning death sentences are at the center of the effort to remove Chief Justice Lawton Nuss and Justices Carol Beier, Dan Biles and Marla Luckert. They face statewide yes-or-no votes on whether they stay on the court for another six years.

The court's critics are particularly upset about July 2014 rulings overturning death sentences for Jonathan and Reginald Carr. The two brothers had faced lethal injection for shooting four people in December 2000 after forcing them to perform sex acts and robbing them. Among other things, the court concluded that fairness required the brothers to be sentenced separately.


Solar Advocates Ask Florida High Court to Invalidate Measure
Attorney News | 2016/11/02 22:46

throw out votes cast for it.

The legal challenge was filed Wednesday with the Florida Supreme Court.

It comes after a leading proponent of Amendment 1 was recorded saying that the measure was written to appear pro-solar, even though it could end up restricting solar growth in Florida by raising costs.

Solar advocates are asking the court to revisit a previous ruling which found that Amendment 1's language was not misleading.

Sarah Bascom, spokeswoman for a utility-funded group that supports the amendment, called the legal challenge "political grandstanding" and said the amendment will protect consumers.

Amendment 1 seeks to change the state constitution to say consumers shouldn't "subsidize" solar growth.


Supreme Court gives new chance to 5 Arizona inmates
Court Line | 2016/11/01 22:47

The Supreme Court is ordering Arizona judges to reconsider life sentences with no chance of parole for five inmates who were convicted of murder for crimes they committed before they turned 18.

The court on Monday said the state judges did not pay sufficient attention to high court rulings that held that life sentences for young killers should be imposed only rarely.

The state courts ruled in all five Arizona cases before the Supreme Court's most recent ruling on juvenile sentences in January.

Justices Samuel Alito and Clarence Thomas dissented from Monday's order.



Ted Cruz's Supreme Court remark draws White House criticism
Attorney News | 2016/10/29 00:00

Sen. Ted Cruz's suggestion of an indefinite Supreme Court vacancy under a President Hillary Clinton raises questions about the credibility and integrity of Republicans who have said the next president should get to the choose who fills the vacancy, White House spokesman Josh Earnest said Thursday.

Earnest was asked during Thursday's White House press briefing about the Texas Republican's statement that there is a long historical precedent for a Supreme Court operating with fewer justices.

Earnest replied that the notion of opposing any nomination put forward by a Democratic president would be inconsistent with longstanding Senate tradition. He said historically that the Senate has evaluated candidates based on their merits.

"Republicans this year have deviated from that tradition by refusing to even consider Chief Judge Merrick Garland to fill the vacancy on the Supreme Court," Earnest said.

Cruz's comment also seemingly contradicts an earlier position he took during the GOP primary when he told CNN, "I think 2016 should be a referendum on the Supreme Court."

Sen. John McCain said earlier this month that Republicans would unite against any Supreme Court nominee that Clinton puts forward if she becomes president, though an aide later said that McCain would examine the record of anyone nominated for the high court and vote for or against that person based on their qualifications.

Obama nominated Garland in March to fill the vacancy left by the death of former Justice Antonin Scalia, but Senate Republicans, led by Majority Leader Mitch McConnell, declined to hold hearings as they insisted the voters choosing the next president would have the final say on the vacancy.


Greece court cancels TV license overhaul; blow to government
Court Line | 2016/10/24 00:00

A high court has canceled a television license auction in Greece, dealing a blow to the country's left-wing government which carried out the sale as part of an anti-corruption drive.

Judges from the Council of State court ruled 14-11 late Wednesday that the auction in September was unconstitutional because the process bypassed an independent media regulator.

The ruling means the government will have to pay back money it has received from the 246 million euro ($275 million) sale. And its plans to reduce the number of national private broadcasters from seven to four will be canceled.

The auction triggered a major political spat over corruption and control of the news media.

Opposition parties accused Prime Minister Alexis Tsipras — whose left-wing Syriza party is a relative newcomer to mainstream politics — of trying to gain influence over the news media.

Tsipras had made the auction the centerpiece of his reforms. He argued it would sever a corrupt relationship between traditionally powerful political parties and industrialists who used media ownership to seek lucrative state contracts — a relationship the government said created decades of financial mismanagement and was a cause of Greece's crippling financial crisis.

In weekend speech to party members, Tsipras had promised to defend the license overhaul.


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