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Appeals court removes key civil service protection
Court Line |
2012/08/22 21:02
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A federal appeals court ruling that has taken key civil service protection away from government employees involved in national security work will have far-reaching implications, advocates for federal workers say.
Tom Devine, legal director of the Government Accountability Project, a whistle-blower advocacy group, said Tuesday that the appeals court has given agencies "a blank check to cancel all government accountability in civil service law."
In a 2-1 decision Friday involving two Defense Department employees, the U.S. Court of Appeals for the Federal Circuit said the Merit Systems Protection Board is prohibited from reviewing dismissals and demotions of government employees who hold "noncritical sensitive" positions, regardless of whether those jobs require access to classified information.
The dissenting judge in the case said the decision "effectively nullifies" the 1978 civil service law. Advocates for federal workers point out that federal employees in "noncritical sensitive" jobs work at many federal agencies, making the impact of the ruling government-wide. |
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3M Co. sues former law firm for switching sides
Law Firm Topics |
2012/08/17 17:46
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The 3M Co. has filed a lawsuit against one of its former law firms, claiming its attorneys were motivated by "greed" when they switched sides in an environmental case against the conglomerate.
3M is suing Covington & Burling which is helping the state with a lawsuit against the company for environmental damage, allegedly caused by a chemical made by 3M and found in the Mississippi River and several lakes.
The Minnesota attorney general says the law firm agreed to help the state only after its work with 3M was finished. A statement from Covington says the firm had no "active matters" with 3M when it decided to help the attorney general in its case against the company. |
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Judge won't halt Pa. voter identification law
Court Watch |
2012/08/15 17:45
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A Pennsylvania judge isn't stopping a tough new voter identification law from going into effect.
Commonwealth Court Judge Robert Simpson on Wednesday refused to grant an injunction that would have halted the law requiring each voter to show a valid photo ID. Opponents are expected to file a prompt appeal to the state Supreme Court as the Nov. 6 presidential election looms.
The law is the subject of a furious debate over voting rights. People challenging it include some who say they'll be unable to vote.
Democrats say the law will make it harder for the elderly, minorities, poor and young adults to vote, and is designed to help Republican challenger Mitt Romney beat Democratic President Barack Obama.
Republicans who control the Legislature and the governor's office say they think it'll prevent voter fraud. |
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Appeals court affirms that cheering is not a sport
Court Watch |
2012/08/10 19:07
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A federal appeals court has ruled that colleges cannot count competitive cheerleading as a sport when trying to comply with gender-equity requirements, upholding a U.S. District Court decision against Quinnipiac University.
In a decision released Tuesday, the 2nd U.S. Circuit Court of Appeals found that competitive cheerleading does not yet meet the standards of a varsity sport under Title IX, the 1972 federal law that mandates equal opportunities for men and women in education and athletics.
The ruling comes on an appeal filed by Quinnipiac, a school with about 8,000 students in Hamden, which had been successfully sued by its volleyball coach after it tried to eliminate the women's volleyball program in favor of competitive cheering.
"Like the district court, we acknowledge record evidence showing that competitive cheerleading can be physically challenging, requiring competitors to possess 'strength, agility, and grace,' the court wrote. "Similarly, we do not foreclose the possibility that the activity, with better organization and defined rules, might someday warrant recognition as a varsity sport. But, like the district court, we conclude that the record evidence shows that 'that time has not yet arrived.'"
The appeals court agreed with U.S. District Judge Stefan Underhill, who found in 2010 that competitive cheerleading did not have the organization, post-season structure or standardized rules required to be considered a varsity sport. |
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Pa. high court fast tracks juvenile lifer appeals
Court Line |
2012/08/08 19:06
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Pennsylvania's highest court is moving quickly to determine how to respond to a recent U.S. Supreme Court ruling that mandatory life-without-parole sentences for juveniles aren't constitutional.
The Sentencing Project, an advocacy group based in Washington, has said Pennsylvania leads the nation in the number of juvenile lifers.
The state Supreme Court scheduled oral argument for Sept. 13 in a pair of cases that will determine what to do about the hundreds of people serving such sentences, as well as how to handle the issue going forward.
The 5-to-4 U.S. Supreme Court decision issued June 25 still makes it possible for juveniles to get life, but it can't be automatic.
The Pennsylvania Department of Corrections says 373 lifers were under age 18 at the time they were sentenced. |
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