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Court blocks Ind. defunding of Planned Parenthood
Legal News | 2012/10/24 23:44

Indiana stepped between women and their physicians when it enacted a law that blocked Medicaid funds for Planned Parenthood just because the organization provides abortions, a federal appeals court ruled Tuesday.

The 7th U.S. Circuit Court of Appeals in Chicago upheld a lower court's finding that Indiana violated federal regulations when it enacted a law that denied Planned Parenthood Medicaid funds for general health services including cancer screenings.

The ruling is the latest setback in conservative efforts in several states to cut off funding for abortion providers that judges say go too far, intruding on women's right to choose their own medical care.

On Friday, a federal judge blocked Arizona from applying a similar law to Planned Parenthood. Also last week, Texas released new rules for a state women's health program requiring officials to shut down the program entirely if a court asks the state to include providers tied to groups like Planned Parenthood. The state broke the program off from Medicaid funding after federal officials determined it violated women's right to choose their own doctor.

And earlier this month, Oklahoma withdrew federal funding to three Planned Parenthood clinics in Tulsa that for 18 years has allowed them to provide food and nutritional counseling to low-income mothers.

Ken Falk, legal director of the American Civil Liberties Union of Indiana that handled the case, said that while people often associate Planned Parenthood with abortion, it also is a critical provider of non-abortion-related health services to both women and men.


Court won't hear anti-gay marriage group appeal
Legal News | 2012/10/04 23:01

The Supreme Court on Monday declined to hear an appeal from a national anti-gay marriage group that tried to thwart Maine's campaign disclosure law requiring it to release its donor list.

The high court turned aside an appeal from the National Organization for Marriage, which donated $1.9 million to a political action committee that helped repeal Maine's same-sex marriage law.

Maine's campaign disclosure law requires groups that raise or spend more than $5,000 to influence elections to register and disclose donors. NOM contends that releasing the donor list would stymie free speech and subject donors to harassment, but the lower court refused to throw out the law.

Voters repealed Maine's gay marriage law in 2009, but it's on the ballot again this November.

For now, the 2009 donor list remains under wraps.

The state ethics commission is still investigating whether NOM falls under the state's ballot question committee requirements, said its executive director, Jonathan Wayne.

"Today's decision by the Supreme Court is an important development, but no decision has been reached by the commission regarding the National Organization for Marriage's 2009 activities," he said.

Matt McTighe, campaign manager for Mainers United for Marriage, which supports the gay marriage proposal on the Nov. 6 ballot, said gay marriage supporters don't care so much about who's on NOM's list of donors but rather want the organization to play by the same rules as everybody else.


Justices step back from Pa. court funding dispute
Legal News | 2012/09/27 17:54

The Pennsylvania Supreme Court is declining a request by county governments that the justices force the General Assembly to provide more money for state courts and bring more uniformity to the court system.

The court ruled unanimously on Wednesday against the County Commissioners Association of Pennsylvania and 10 counties. The decision could end litigation over funding levels and uneven standards across the state that goes back a quarter century.

Chief Justice Ronald Castille's written opinion says there's been progress in recent years and the justices believe that "further enhancements" of the state courts should be a product of cooperation among the three branches of government.

An association spokesman says he's disappointed, while spokesmen for state House and Senate leaders didn't immediately respond to messages.


W.Va. court hears 'rescue' funding arguments
Legal News | 2012/09/07 22:18

Whether West Virginia Supreme Court candidate Allen Loughry receives additional public funds for his campaign hinges on whether the U.S. Supreme Court sees a difference between elections for the judiciary and races for other political posts, the state court was told during a hearing Tuesday.

Adam Skaggs, lawyer for the Republican hopeful, argued that legislative and executive branch officeholders are expected to favor agendas and interest groups that helped them win. But judges are supposed to harbor no bias, and West Virginia created the public financing pilot program amid concerns about campaign cash influencing the judiciary, said Skaggs, an official with the nonpartisan Brennan Center for Justice at New York University's law school.

"The state has compelling interests in the context of judicial elections that are absent from any other type of election," Skaggs told the court.

The point is crucial to Loughry's pursuit of "rescue" funds, normally triggered by spending by a traditionally financed candidate or outside group. With two, 12-year terms up on the court this year, Loughry alone among the four Supreme Court candidates has sought and received funding through the pilot program. Provided $350,000 for the general election, Loughry is seeking another $144,500 or so in matching funds.


Ohio man pleads guilty to scamming storm victims
Legal News | 2012/08/31 16:28

A man accused of ripping off storm victims in Ohio and Kentucky has pleaded guilty to nine counts of theft.

Ohio Attorney General Mike DeWine said Joshua Salyers entered the guilty pleas in Hamilton County court in southern Ohio Tuesday. He admitted stealing more than $43,000 from the victims.

DeWine spokesman Mark Moretti said the 39-year-old Salyers ran a storm damage restoration business and took money from homeowners in Butler, Hamilton and Stark counties in Ohio and in Campbell County, Ky., to repair their homes after storms in 2010 and in 2011.

But Moretti said Salyers never began the work and refused to refund the money.


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