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Appeals court: Week of early voting shouldn't return to Ohio
Legal PR | 2016/08/24 16:43

A federal appeals court on Tuesday upheld an Ohio law that trims a week of early voting in the swing state, reversing a judge's decision that had restored the time.

Democrats had challenged a series of Republican-backed voting changes they claimed disproportionately burdened black voters and those who lean Democratic. Among the policies was the elimination of early voting days in which Ohioans could also register to vote, a period known as golden week.

The state's attorneys argued that scrapping the days helped alleviate administrative burdens for local elections officials while reducing costs and the potential of fraud. But plaintiffs, who include the state's Democratic Party, said the burden on voters outweighed any benefit to the state.

In a 2-1 decision, a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati ruled the golden-week cut still allows for "abundant" opportunities to vote within a 29-day window. Prior to the law, Ohioans had a 35-day period.



Federal lawyer gets 30 days for forging document
Legal PR | 2016/04/22 17:14

A U.S. Immigration and Customs Enforcement attorney was sentenced to 30 days in jail Wednesday for forging a document to make it look like a Mexican man who wanted to stay in the United States was not eligible to do so.

Jonathan M. Love was also sentenced to 100 hours of community service, must resign his law license and must pay Ignacio Lanuza $12,000 in restitution, Seattlepi.com reported. Love, 58, previously pleaded guilty to a federal deprivation of rights misdemeanor charge, acknowledging he used his position to deprive Lanuza of due process.

The U.S. Attorney's Office says Lanuza was stopped by an ICE officer in 2008, and ICE started removal proceedings.

Love was assigned the case in 2009 and submitted a document to the Immigration Court that he said was signed by Lanuza in 2000. Prosecutors say Love doctored the date to make Lanuza ineligible to have his removal cancelled.

Lanuza should have been eligible to contest his deportation because he had been living in the United States for over 10 years, showed good moral character and had a family made up of U.S. citizens. Love's forgery was meant to make it appear as though Lanuza hadn't been in the United States for 10 years and was therefore ineligible for deportation relief.

The motive for Love's actions remains unclear. He said in court Wednesday he didn't know why he did it.



High court raises doubts over Puerto Rico sovereignty
Legal PR | 2016/01/30 21:12

The Supreme Court on Wednesday raised doubts about whether Puerto Rico should be treated as a sovereign state with powers that go beyond its status as a territory of the United States.
 
The justices considered the question during arguments in a criminal case involving two men who claim that Puerto Rico and the federal government can't prosecute them for the same charges of selling weapons without a permit.

The double jeopardy principal prevents defendants from being tried twice for the same offense. But there is an exception that allows prosecution under similar state and federal laws, since states are considered separate sovereigns.

Several justices said Puerto Rico's power to enforce local laws really comes from Congress, which in theory could take it away.

The case has broad political and legal implications that could affect Puerto Rico on issues ranging from taxation and bankruptcy to federal benefits. It comes as the high court prepares to hear a separate dispute later this year over whether the financially struggling Puerto Rican government can give its municipalities the power to declare bankruptcy.


Supreme Court torn over Texas affirmative action program
Legal PR | 2015/12/11 16:19

Torn as ever over race, the Supreme Court on Wednesday weighed whether it's time to end the use of race in college admissions nationwide or at least at the University of Texas.

With liberal and conservative justices starkly divided, the justice who almost certainly will dictate the outcome suggested that the court may need still more information to make a decision in a Texas case already on its second trip through the Supreme Court.

"We're just arguing the same case," Justice Anthony Kennedy said, recalling arguments first held in 2012 in the case of Abigail Fisher. "It's as if nothing has happened."

Kennedy said additional hearings may be needed to produce information that "we should know but we don't know" about how minority students are admitted and what classes they take to determine whether the use of race is necessary to increase diversity at the University of Texas.

Fisher has been out of college since 2012, but the justices' renewed interest in her case appeared to be a sign that the court's conservative majority is poised to cut back, or even end, affirmative action in higher education.


Court won’t hear case over grant to Planned Parenthood
Legal PR | 2015/11/16 06:02

The Supreme Court has rejected an anti-abortion group’s bid to force disclosure of confidential Planned Parenthood and federal government records about a contract for family planning services in New Hampshire.

The justices on Monday let stand a ruling that allowed the U.S. Health and Human Services Department to withhold some documents in a Freedom of Information Act lawsuit filed by New Hampshire Right to Life.

Abortion opponents objected to a $1 million contract HHS awarded Planned Parenthood in 2011 for family planning services in New Hampshire. The move followed action by the state’s Executive Council to stop a long-standing practice of funneling federal money to the clinics. Councilors who opposed funding Planned Parenthood said they didn’t want grant money given to the organization because it provides abortions using private funds.


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