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W.Va. Supreme Court hears arguments in school voucher case
Court Watch |
2022/10/05 17:05
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A voucher program that would provide West Virginia parents state money to pull their children out of K-12 public schools is blatantly unconstitutional and would disproportionately impact poor children and those with disabilities, a lawyer representing parents who sued the state argued Tuesday in West Virginia’s Supreme Court.
The Hope Scholarship Program, which was passed by the GOP-controlled state legislature last year and would have been one of the most far-reaching school choice programs in the country, “negatively and intentionally” impacts West Virginia’s system of free schools, lawyer Tamerlin Godley told justices during oral arguments.
“It decreases enrollment, and thus funding,” said Godley, who is representing two parents of children who receive special education supports in West Virginia public schools. “It utilizes public funding for subsidizing more affluent families that have chosen private and homeschooling and it silos the poor and special needs children who cannot use the vouchers.”
Signed by Republican Gov. Jim Justice last year, the program was set to go into effect this school year but was blocked by Circuit Court Judge Joanna Tabit in July. In a lawsuit supported by the West Virginia Board of Education and Superintendent of Schools, three parents of special education students said the scholarship program takes money away from already underfunded public schools and is prohibitive because there aren’t local private schools that could meet their children’s needs. One family has since withdrawn from the case.
The state immediately appealed the ruling. It’s unclear when justices will make a decision on the program, although the court’s current term ends in November.
The law that created the Hope Scholarship Program allows families to apply for state funding to support private school tuition, homeschooling fees and a wide range of other expenses. More than 3,000 students had been approved to receive around $4,300 each during the program’s inaugural cycle, according to the West Virginia State Treasurer’s Office.
Families could not receive the money if their children were already homeschooled or attending private school. To qualify, students had to have been enrolled in a West Virginia public school last year or set to begin kindergarten this school year.
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CAS asked to judge Ecuador case by 10 days before World Cup
Court Watch |
2022/09/28 06:23
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Sport’s highest court has been asked to judge a case that aims to remove Ecuador from the World Cup by no later than Nov. 10 — just 10 days before the team should face host Qatar in the opening game.
The Court of Arbitration for Sport said it registered appeals by the Chilean and Peruvian soccer federations against a FIFA ruling this month that Ecuador defender Byron Castillo was in fact eligible to play in the eight qualifying games he was selected for.
CAS gave no timetable for appointing judges and organizing a hearing, though said both parties appealing asked for a final award by Nov. 10.
Chile officials claim to have documents proving Castillo is actually Colombian and that Ecuador should forfeit all eight games he played in as 3-0 losses.
That legal argument was dismissed by FIFA’s disciplinary committee in June and upheld by FIFA appeal judges two weeks ago.
Ecuador placed fourth in the South American qualifying group in March and claimed a direct World Cup entry. Days later it was drawn into Group A with Qatar – playing the host on Nov. 20 in Doha -- Netherlands and Senegal.
If the qualifying games were forfeited, the revised points totals would lift Chile to fourth from seventh.
Peru placed fifth and has asked CAS to get Ecuador’s entry as the next highest placed South American team. Peru already lost an intercontinental playoff to Australia in June.
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Family loses Supreme Court bid to extend boy’s life support
Court Watch |
2022/08/02 18:51
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Britain’s Supreme Court on Tuesday refused to prevent a hospital withdrawing life support from a 12-year-old boy with catastrophic brain damage, rejecting a bid by his parents to extend his treatment.
The parents of Archie Battersbee had aske Supreme Court justices to block a lower court’s ruling that the Royal London Hospital can turn off the boy’s ventilator and stop other interventions that are keeping him alive.
Archie’s treatment had been due to end at noon on Tuesday, but the hospital said it would await the decision of the Supreme Court.
Justices at the U.K.’s top court said Archie had “no prospect of any meaningful recovery,” and even with continued treatment would die in the next few weeks from organ and heart failure.
The judges agreed with a lower court that continuing treatment “serves only to protract his death.”
Archie was found unconscious at home with a ligature over his head on April 7. His parents believe he may have been taking part in an online challenge that went wrong.
Doctors believe Archie is brain-stem dead and say continued life-support treatment is not in his best interests. Several British courts have agreed.
The family appealed to the U.N. Committee on the Rights of Persons with Disabilities, and wanted the withdrawal of treatment put on hold while the committee examines the case.
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Supreme Court Notebook: Roberts pays tribute to Breyer
Court Watch |
2022/04/27 07:12
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The fertile mind of Justice Stephen Breyer has conjured a stream of hypothetical questions through the years that have, in the words of a colleague, “befuddled” lawyers and justices alike.
Breyer, 83, seemed a bit subdued as he sat through the last of more than 2,000 arguments Wednesday in which he has taken part during 28 years on the high court. His wife, Joanna, also was in the courtroom.
But at the end of the case about Oklahoma’s authority to prosecute people accused of crimes on Native American lands, an emotional Chief Justice John Roberts paid tribute to Breyer for his prowess during arguments.
“For 28 years, this has been his arena for remarks profound and moving, questions challenging and insightful, and hypotheticals downright silly,” Roberts said.
A day earlier, Breyer provided only the most recent example, inventing a prison inmate named John the Tigerman in a case involving transporting an inmate for a medical test. Breyer called him “the most dangerous prisoner they have ever discovered.”
Just since Breyer announced in late January that he was retiring, he has asked lawyers to answer questions involving spiders, muskrats and “4-foot-long cigars smoked through hookahs” — none of which, it’s fair to say, had any actual links to the cases at hand.
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Arizona court won’t halt sex suits naming Boy Scouts, others
Court Watch |
2022/04/13 05:42
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Arizona victims of long-ago child sex abuse can proceed with lawsuits against groups like the Boy Scouts of America after the state Supreme Court rejected claims that a state law extending victims’ right to sue was unconstitutional.
Arizona is among many states that have reacted to child sex abuse in recent years by allowing victims of even decades-old abuse to sue groups that didn’t protect them from predators. That has led to lawsuits against the Roman Catholic Church, Scouts and others.
The high court last week rejected appeals by Big Brothers Big Sisters of America and its affiliates in central and southern Arizona of lower court rulings that found a 2019 law extending the statute of limitations was constitutional.
The rulings appear to be the first to directly address whether the Arizona law is legal, according to Phoenix attorney Robert Pastor, who represents victims in the two cases the high court considered.
Those lawsuits allege that the group that connects youth called “Littles” with adult mentors known as “Bigs” did not properly oversee the Bigs. The cases involved two men who abused boys, one in 1983 and one in the 1970s, court filings show. The men are not defendants.
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