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Pandemic means a silent June at the Supreme Court
Court Line |
2020/06/04 16:57
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It’s the time of the year when Supreme Court justices can get testy. They might have to find a new way to show it.
The court’s most fought-over decisions in its most consequential cases often come in June, with dueling majority and dissenting opinions. But when a justice is truly steamed to be on a decision’s losing side, the strongest form of protest is reading a summary of the dissent aloud in court. Dissenting justices exercise what a pair of scholars call the “nuclear option” just a handful of times a year, but when they do, they signal that behind the scenes, there’s frustration and even anger.
The coronavirus pandemic has kept the justices from their courtroom since March and forced them to change their ways in many respects. Now, in their season of weighty decisions, instead of the drama that can accompany the announcement of a majority decision and its biting dissent, the court’s opinions are being posted online without an opportunity for the justices to be heard.
University of Maryland, Baltimore County political science professor William Blake, who co-authored the article calling oral dissents the nuclear option, says a June without them would be a “missed opportunity.” They are “a chance to see the justices as exhibiting emotions,” not just the logic of their opinions, he said.
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Big Oil loses appeal, climate suits go to California courts
Court Line |
2020/05/26 01:34
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Big Oil lost a pair of court battles Tuesday that could lead to trials in lawsuits by California cities and counties seeking damages for the impact of climate change.
The 9th U.S. Circuit Court of Appeals rejected arguments by energy companies and ruled state courts are the proper forum for lawsuits alleging producers promoted petroleum as environmentally responsible when they knew it was contributing to drought, wildfires, and sea level rise associated with global warming.
The lawsuits claim Chevron, Exxon Mobil, ConocoPhillips, BP, Royal Dutch Shell and other companies created a public nuisance and should pay for damage from climate change and help build sea walls and other infrastructure to protect against future impact construction that could cost tens of billions of dollars.
The ruling overturned a decision by one federal judge, who had tossed out lawsuits brought by the cities of San Francisco and Oakland.
“It is time for these companies to pay their fair share,” San Francisco City Attorney Dennis Herrera said in a statement applauding the ruling. “They should not be able to stick taxpayers with the bill for the damage they knew they were causing. We will continue to hold these companies accountable for their decades-long campaign of public deception about climate change and its consequences.”
While the rulings were victories for the coastal counties and cities all in the San Francisco Bay Area except for the tiny city of Imperial Beach in San Diego County and cheered by environmental groups, it could take years before they ever get to a jury, if they make it that far. |
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Virus whistleblower tells lawmakers US lacks vaccine plan
Court Line |
2020/05/14 17:19
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Whistleblower Dr. Rick Bright warned on Thursday that the U.S. lacks a plan to produce and fairly distribute a coronavirus vaccine when it becomes available. The nation could face “the darkest winter in modern history” unless leaders act decisively, he told a congressional panel.
Bright alleges he was ousted from a high-level scientific post after warning the Trump administration to prepare for the pandemic.
Testifying Thursday, Bright said, “We don’t have (a vaccine plan) yet, and it is a significant concern.” Asked if lawmakers should be worried, Bright responded, “absolutely.”
Bright, a vaccine expert who led a biodefense agency in the Department of Health and Human Services, said the country needs a plan to establish a supply chain for producing tens of millions of doses of a vaccine, and then allocating and distributing them fairly. He said experience so far with an antiviral drug that has been found to benefit COVID-19 patients has not given him much confidence about distribution. Hospital pharmacies have reported problems getting limited supplies.
The White House has begun what it calls “Operation Warp Speed” to quickly produce, distribute and administer a vaccine once it becomes available.
Bright testified Thursday before the House Energy and Commerce Committee. Aspects of his complaint about early administration handling of the crisis were expected to be backed up by testimony from an executive of a company that manufactures respirator masks.
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Washington Supreme Court to hear COVID-19 inmate case online
Court Line |
2020/04/24 03:23
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In an historic setting, the Washington Supreme Court will hear oral arguments Thursday while sitting alone in their separate chambers using Zoom technology in a case that addresses the safety of inmates in the state’s prisons during the coronavirus outbreak.
At the same time, conservative lawmakers, law enforcement officials and some victims plan to hold news conferences on both sides of the state to protest the release of some offenders.
At least 24 corrections employees and 13 inmates have tested positive for COVID-19, almost 100 offenders were placed in isolation and more than 1,000 are being quarantined. The majority of the positive cases occurred at the Monroe Correctional Complex where seven staff and 12 inmates have the disease.
After the virus hit the facility, the second largest in Washington, inmates filed a petition with the Supreme Court asking the justices to order Gov. Jay Inslee and Corrections Secretary Stephen Sinclair to release inmates who are older than 60, have underlying conditions and are within 60 days of their release date.
In an unanimous ruling on April 10, the justices ordered the state to devise a plan to protect inmates from the disease. Several days later, Inslee announced plans to release almost 1,000 non-violent offenders who are close to their release date.
As of Wednesday, about 41 inmates received work release furloughs, 293 had their sentences commuted and another 600 were on a list to be considered for a release into the community using electronic monitoring.
The corrections department has also told the court that it has imposed a list of measures designed to keep incarcerated people healthy, including mandatory face masks and hand-sanitizer dispensers.
Lawyers for the inmates say their efforts fall short. They say the prisons are too crowded to allow for social distancing.
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Virginia high court rejects bid to keep slave block in place
Court Line |
2020/04/18 13:22
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The Virginia Supreme Court has rejected a petition to prohibit the city of Fredericksburg from moving a historic slave auction block.
The sandstone block was installed in the city’s downtown in the 1840s. After years of debate the city council voted to moved the block to a museum.
A judge upheld the move after business owners in the city sued to keep the stone where it is. But in February the judge delayed implementation of the order so the Supreme Court could take up the case.
City officials say plans to move the block are currently on hold because of the coronavirus. |
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