Both sides planning for new state-by-state abortion fight

As the Supreme Court court weighs the future of the landmark 1973 Roe v. Wade decision, a resurgent anti-abortion movement is looking to press its advantage in state-by-state battles while abortion-rights supporters prepare to play defense. Both sides seem to be operating on the assumption that a court reshaped by former President Donald Trump will either overturn or seriously weaken Roe. “We have a storm to weather,” said Elizabeth Nash, state policy analyst for the Guttmacher Institute, a research organization that supports abortion rights. “We have to weather the storm so that in the future — five, 10, 15 years from now — we’re talking about how we managed to repeal all these abortion bans.” The institute estimates that as many as 26 states would institute some sort of abortion-access restrictions within a year, if permitted by the court. At least 12 states have “trigger bans” on the books, with restrictions that would kick in automatically if the justices overturn or weaken federal protections on abortion access. The current case before the court, Dobbs v. Jackson Women’s Health Organization, concerns a Mississippi law that bans abortion after 15 weeks of pregnancy. Roe v. Wade, which was reaffirmed in a subsequent 1992 ruling in Planned Parenthood v. Casey, allows states to regulate but not ban abortion up until the point of fetal viability, at roughly 24 weeks.

Federal judge in Mississippi to take Senior Status

A federal judge in Mississippi has decided to take senior status beginning Monday. U.S. District Judge Michael P. Mills told the Northeast Mississippi Daily Journal that he’s making the move after serving two decades on the federal bench. Senior status opens a vacancy on the court for the Northern District of Mississippi and will allow Mills to handle a reduced caseload on the federal court. In his Oct. 13 letter to President Joe Biden, he stated he had attained the age and met the service requirements for that status. Still, he said, he intends to continue to carry a full case load until his replacement is sworn in. “It’s been great,” Mills said.. “I have thoroughly enjoyed working with the other judges, lawyers, and staff and hope to continue to do so.” Mills was nominated by former President George W. Bush to the seat after U.S. District Judge Neal Biggers decided to take senior status. He was confirmed by the U.S. Senate in October 2001. Prior to his service on the federal level, Mills served on the Mississippi Supreme Court, in the state House representing Itawamba and Monroe counties. Longtime friend and attorney Steve Farese told the newspaper that Mills is well versed in the law and applies that knowledge in his decision-making process. “The Northern District of Mississippi has been blessed before and throughout my 44-year career with excellent Article 3 judges,” said Farese. “Judge Mills is certainly of that ilk. A true Renaissance Man, Judge Mills loves literature and the outdoors.” Farese said Mills is empathetic when it’s called for and balances justice with mercy. “His personality and demeanor give all participants a sense of understanding of his procedures,” he said. “I look forward to continuing practicing before him as he takes senior status.” Attorney Rachel Pierce Waide said Mill’s presence in her life as well as on the bench has been a gift. “I’m sad to hear this news. I have known Judge Mills my entire life and his presence both personally and professionally has truly been a gift,” Waide said. “His chief goal in life and on the bench is to be fair and he practices that routinely.”

Judge to review Arizona audit records for possible release

An Arizona judge on Tuesday ordered the state Senate to immediately provide text messages and emails related to the Senate Republicans’ partisan review of the 2020 vote count. Maricopa County Superior Court judge John Hannah said he will review the records and decide whether they must be given to The Arizona Republic, which has requested them under the state’s public records law. The Senate’s GOP leaders say the records don’t have to be publicly disclosed because of legislative privilege, which is meant to promote frank and honest debate among lawmakers. The Republic has good reason to believe that legislative privilege does not apply to at least some of the records, Hannah wrote in a 13-page ruling. Kory Langhofer, a lawyer representing the Senate, said the records were given to the court. The judge’s ruling did not say how long he would take to review them and decide whether they should be given to the newspaper.

Ex-cop’s murder verdict reversed in Australian woman’s death

The Minnesota Supreme Court on Wednesday reversed the third-degree murder conviction of a former Minneapolis police officer who fatally shot an Australian woman in 2017, saying the charge doesn’t fit the circumstances in the case. Mohamed Noor was convicted of third-degree murder and second-degree manslaughter in the death of Justine Ruszczyk Damond, a dual U.S.-Australian citizen who called 911 to report a possible sexual assault behind her home. He was sentenced to 12 1/2 years on the murder count but was not sentenced for manslaughter. The ruling means his murder conviction is overturned and the case will now go back to the district court, where he will be sentenced on the manslaughter count. He has already served more than 28 months of his murder sentence. If sentenced to the presumptive four years for manslaughter, he could be eligible for supervised release around the end of this year. Caitlinrose Fisher, one of the attorneys who worked on Noor’s appeal, said she’s grateful that the Minnesota Supreme Court clarified what constitutes third-degree murder, and she hopes that will lead to greater equity and consistency in charging decisions. “We’ve said from the beginning that this was a tragedy but it wasn’t a murder, and now the Supreme Court agrees and recognizes that,” she said. Messages left Wednesday with the Hennepin County Attorney’s Office, which prosecuted the case, were not immediately returned. The ruling could give former Minneapolis Officer Derek Chauvin grounds to contest his own third-degree murder conviction in George Floyd’s death in May 2020. But that wouldn’t have much impact on Chauvin since he was also convicted of the more serious count of second-degree murder and is serving 22 1/2 years. Experts say it’s unlikely Chauvin would be successful in appealing his second-degree murder conviction.

SC high court rejects capital city’s school mask mandate

South Carolina’s highest court on Thursday tossed out a school mask mandate in the state’s capital city, saying it contradicts a state budget measure aimed at preventing face covering requirements. State Attorney General Alan Wilson had sued the city of Columbia after its City Council passed the ordinance requiring masks at elementary and middle schools. City leaders said the mask requirement, which carries a $100 violation fine, was meant to protect children too young to be approved for the coronavirus vaccine. But Wilson argued the city’s mask rule conflicts with the budget requirement that went into effect July 1 and bans school districts from using appropriated funds to require face coverings. On Thursday, the state Supreme Court sided unanimously with the attorney general. The Columbia ordinance is written so that the burden of enforcing the mask rule falls on school employees, “all of whom have an obvious connection to state-appropriated funds,” wrote Justice John Kittredge. That means school employees have to choose between violating state or city laws, the opinion reads. “The City has made clear that every school employee is in the crosshairs,” Kittredge wrote. “Simply put, whether intentionally or inadvertently, the City threatens all school personnel with far-reaching and unknown legal liability unless all school personnel ensure obedience to the ordinances.” Attorneys for Columbia had argued days prior that city and school authorities could draw from separate pots of money, such as local funds, to enforce mask-wearing. They also claimed the legislature overstepped constitutional boundaries by putting the mask rule — a policy unrelated to state finances — in the budget, which aims to raise and spend money.

West African court to rule on Venezuelan’s extradition to US

A protracted legal battle over the extradition from Cape Verde to the United States of a businessman close to Venezuelan President Nicolas Maduro comes to a head next week when the West African country’s Constitutional Court is due to rule on the case. Alex Saab was arrested when his jet made a refueling stop on the small island chain, formerly a Portuguese colony, on a June 2020 flight to Iran. U.S. officials believe Saab holds numerous secrets about how Maduro, the president’s family and his top aides allegedly siphoned off millions of dollars in government contracts amid widespread hunger in oil-rich Venezuela. Saab is fighting extradition. His lawyers argue that he has diplomatic immunity because he was acting as a special envoy for Venezuela when he was detained in Cape Verde. Jose Pinto Monteiro, Saab’s lead counsel in Cape Verde, said Friday there are two possible outcomes when the Constitutional Court sits on Aug. 13. Either the judges throw out Saab’s appeal and the extradition goes ahead, or they accept that there are unconstitutional elements in the case and send it back to a lower court to correct them, Pinto Monteiro told a press conference via video link. Cape Verde’s Supreme Court ruled last March that the extradition could proceed, and the Constitutional Court appeal is Saab’s last hope. Saab’s international legal team argues that the extradition has a political motive. Federal prosecutors in Miami indicted Saab in 2019 on money-laundering charges connected to an alleged bribery scheme that pocketed more than $350 million from a low-income housing project for the Venezuelan government that was never built.

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West African court to rule on Venezuelan’s extradition to US

A protracted legal battle over the extradition from Cape Verde to the United States of a businessman close to Venezuelan President Nicolas Maduro comes to a head next week when the West African country’s Constitutional Court is due to rule on the case. Alex Saab was arrested when his jet made a refueling stop on the small island chain, formerly a Portuguese colony, on a June 2020 flight to Iran. U.S. officials believe Saab holds numerous secrets about how Maduro, the president’s family and his top aides allegedly siphoned off millions of dollars in government contracts amid widespread hunger in oil-rich Venezuela. Saab is fighting extradition. His lawyers argue that he has diplomatic immunity because he was acting as a special envoy for Venezuela when he was detained in Cape Verde. Jose Pinto Monteiro, Saab’s lead counsel in Cape Verde, said Friday there are two possible outcomes when the Constitutional Court sits on Aug. 13. Either the judges throw out Saab’s appeal and the extradition goes ahead, or they accept that there are unconstitutional elements in the case and send it back to a lower court to correct them, Pinto Monteiro told a press conference via video link. Cape Verde’s Supreme Court ruled last March that the extradition could proceed, and the Constitutional Court appeal is Saab’s last hope. Saab’s international legal team argues that the extradition has a political motive. Federal prosecutors in Miami indicted Saab in 2019 on money-laundering charges connected to an alleged bribery scheme that pocketed more than $350 million from a low-income housing project for the Venezuelan government that was never built.

Parking tickets hit the docket of federal appeals court

A federal appeals court has heard arguments in a challenge to a Michigan city’s practice of marking tires to catch people who ignore time limits on parking. Alison Taylor is appealing a decision that went in favor of Saginaw. Her attorney argues that chalking tires violates the Fourth Amendment’s protection against unreasonable searches. The case made headlines in 2019 when the same appeals court said marking tires could be illegal without a warrant in some circumstances. The court sent the lawsuit back to a federal judge in Bay City for more work, but he eventually ruled against Taylor again. A different three-judge panel at the appeals court heard arguments Thursday. In court papers, Saginaw said it’s a “novel issue” but not a violation of the constitution. “The city used the chalk to inform vehicle owners that that their vehicle is subject to the time limitations as set forth by the local ordinances,” attorneys for Saginaw said. The city said Taylor had 14 parking tickets, some issued after a tire was marked. Taylor’s attorney, Philip Ellison, said a chalk line on a tire might be “low tech” but it’s still an illegal trespass against her car. He wants to make the case a class-action.

Bankruptcy proceedings can have long-term benefits

What Is Bankruptcy? Bankruptcy is a Federal system of laws, rules, and procedures designed to help legal residents of the U.S. deal with their debts, which, for whatever reason, individuals or businesses cannot pay as they are due. The most common types of Bankruptcy are for people (called Consumer Bankruptcies). Two major types of Consumer Bankruptcy are: Chapter 7 (liquidation or debt-elimination), Chapter 13 (wage-earner reorganization for individuals or people running unincorporated businesses). Chapter 11 is a type of Corporate Bankruptcy (reorganization for businesses and certain individuals with extremely large amounts of debt). The Chapter number refers to the section of the Bankruptcy law, called the Bankruptcy Code (which is in Title 11 of the U.S. Code). Bankruptcy cases almost exclusively fall under federal law, though states may pass laws governing issues that federal law doesn’t address. Special bankruptcy courts nationwide handle only debtor-creditor cases. Generally, any bankruptcy-related claim must be filed with the U.S. Bankruptcy Court. Chicago Bankruptcy Law Firm Covers Bankruptcy in the Wake of COVID-19 The COVID-19 pandemic has damaged the economy, leaving many families and business owners worried about how they will pay for even the most basic expenses. In the midst of this crisis, you might be considering filing for bankruptcy or wondering how COVID-19 will affect an existing bankruptcy filing. No matter your situation, Chicago Bankruptcy Law Firm of Daniel J. Winter is here to help give you the answers and assistance that you need. We are more than happy to explain to anyone in financial distress exactly what their options are.

Tests: Broken pipe didn’t pollute Georgia government center

Two courtrooms in Columbus’ main government building are reopening after tests found a ruptured pipe did not introduce mold or harmful fungi into the air. A ruptured drainpipe from the roof had dumped leaves, bird feces and other debris into the 11th-floor office of Muscogee County Superior Court Judge Gil McBride in June. Documents obtained by the Ledger-Enquirer show tests of pipe debris showed no fungi associated with bird and bat droppings that can cause infections in people with weakened immune systems. Samples also showed no significant amounts of mold. Mold levels in the outside air were higher, suggesting the building’s air filtration system is working. “The courts have been assured by the city that the courtrooms are safe for public use,” McBride wrote in a text message. “This is good news, especially for judges who were without courtrooms for next week.” The 51-year-old building flooded because of water leaks twice in 2018. Columbus leaders say they plan to ask voters to approve a special sales tax in November to repair or replace the building. A nearly 80-pound panel fell in a seventh-floor courtroom and hit a court official a few weeks ago, prompting safety inspections of all courtrooms. Columbus Mayor Skip Henderson could not be reached Friday for an update on inspections. McBride said Muscogee County jurors will continue to be selected at the municipal ice rink for now. Once jurors are selected, trials will take place in the regular courtrooms.

Prosecutors seek 35-year sentence for gang member in killing

Federal prosecutors in Maryland are seeking a 35-year prison sentence for a gang member who pleaded guilty to participating in the killing of a 16-year-old boy who was stabbed and cut more than 100 times before his body was set on fire. A judge is scheduled to sentence Kevin Alexis Rodriguez-Flores on July 19. He pleaded guilty in April to conspiracy to participate in a racketeering enterprise and conspiracy to destroy and conceal evidence. Rodriguez admitted that he was a member of Mara Salvatrucha street gang, or MS-13 for short, and took part in the March 2019 killing over the mistaken belief that the boy, a fellow member, was working with police, prosecutors said in a court filing on Friday. The boy was beaten and stabbed or cut roughly 144 times by Rodriguez and others whom he believed to be his friends, they wrote. The killing took place during an MS-13 clique meeting in the Hyattsville, Maryland, home of the clique’s leader. After the boy’s killing, clique members took his body to a secluded location in Stafford County, Virginia, and set it on fire, according to prosecutors. Rodriguez was 20 when a grand jury indicted him and three other men in July 2020 on charges stemming from the boy’s killing. He was the first and only defendant to plead guilty as of Monday. U.S. District Judge Paula Xinis has set a Sept. 17 deadline for the U.S. Justice Department to notify the court whether it intends to seek the death penalty against co-defendant Jose Domingo Ordonez-Zometa. The indictment describes Ordonez as the MS-13 clique leader and claims he ordered the boy’s killing after questioning him about a recent encounter with police. Rodriguez came to the U.S. from El Salvador in 2016, living with his mother in New Jersey before he moved to Virginia approximately a month before the killing. The plea agreement between prosecutors and Rodriguez calls for a sentence ranging from 30 years to life imprisonment, but Xinis isn’t bound by that recommendation.

Court hears bail arguments for driver in crash that killed 7

A truck driver charged with causing the deaths of seven motorcyclists in 2019 deserves a bail hearing despite a judge’s ruling that he should remain jailed, a defense attorney argued before the New Hampshire Supreme Court on Tuesday. Volodymyr Zhukovskyy, 25, of West Springfield, Massachusetts, has been in jail since the crash happened in Randolph on June 21, 2019. He pleaded not guilty to multiple counts of negligent homicide, manslaughter, driving under the influence and reckless conduct. His trial is scheduled to start on Nov. 29. His lawyers asked a judge for a bail hearing twice in 2020 and again in April. The judge denied the requests, agreeing with the state that Zhukovskyy is a danger to himself and others. Christopher Johnson, appellate defender, said among the issues in dispute are statements Zhukovskyy made to police after the collision; the degree and extent of Zhukovskyy’s impairment that day; the amount of reaction time available when the motorcyclists and Zhukovskyy came into each other’s field of vision; whether Zhukovskyy did react by braking; and his lane location. Johnson added that Zhukovskky has maintained his sobriety while he has been jailed for the last two years. Johnson also said the state, in its written arguments supporting the judge’s decision, relied on part of a statute that says people on probation have a right to a bail hearing. He said he didn’t think the Legislature would need to make that right explicit in the law for people who are not on probation. “It would be an absurd result, I think, to say that probationers are the class of people more entitled to an evidentiary hearing than non-probationers,” he said, adding, “You give it to them, but not everybody else?” Assistant Attorney General Scott Chase said the judge was not required to hold a bail hearing or use any specific method to assess Zhukovskyy’s dangerousness. He said evidence on that point was “glaring.” For example, there is no dispute that Zhukovskyy said he mixed heroin and cocaine before getting behind the wheel that day, Chase said.

Judge upholds dismissal of case against resort developer

A U.S. bankruptcy judge has upheld court decisions that the state of Montana lacked legal standing to file an involuntary bankruptcy petition nearly a decade ago against Yellowstone Club co-founder Tim Blixseth. Judge Mike N. Nakagawa of Nevada on June 3 confirmed the ruling by previous judges to dismiss the involuntary petition, noting the case has lingered for nearly 10 years. The 9th Circuit Court of Appeals ruled in 2019 the Montana Department of Revenue (MDOR) lacked legal standing to file an involuntary bankruptcy petition against Blixseth and referred the case to bankruptcy court to see if it should be dismissed. The Yellowstone Club, a private ski and golf resort in Big Sky founded by Blixseth and his now ex-wife in 1997, filed for bankruptcy in 2008. Blixseth was accused of pocketing much of a $375 million Credit Suisse loan to the resort and later gave up control of the enterprise to his ex-wife during their 2008 divorce. The club, which has touted billionaire Microsoft co-founder Bill Gates and former Vice President Dan Quayle as members, has emerged from bankruptcy under new ownership. The Montana Department of Revenue had done an audit of Blixseth and in 2009 said he owed $56.8 million in taxes, penalties and interest arising from eight audit issues, court documents stated. The Montana action against Blixseth is separate from Blixseth’s claims against Montana in Nevada for damages due to the involuntary petition , the Independent Record reported. In 2011, Montana joined with the Idaho State Tax Commission and the California Franchise Tax Board against Blixseth, however, those two states had settled agreements and withdrew from the petition, according to court documents. Nakagawa noted that as of the hearing date, close to a decade has passed since the Involuntary Petition was filed. He said that since April 20, 2011, only Montana has continuously pursued this issue against Blixseth. He said Yellowstone Club Liquidating Trustee apparently was interested in pursuing the involuntary proceeding against Blixseth, but gave up nearly two years before the 9th Circuit mandate was received by this bankruptcy court.

Ruling: Missed court date in Washington does not imply guilt

The Washington state Supreme Court this month unanimously rejected the notion that a man who skipped his court date could be presented as evidence that he felt guilty about the original crime. State Supreme Court justices agreed that criminalizing a single missed court date could disproportionately harm people of color, poor people or people without reliable transportation or scheduling conflicts due to child care or work, The Daily Herald reported. The ruling came less than a year after the state Legislature revised the bail jumping law, which gives people more time to respond to a warrant. Samuel Slater, 27, had one unexcused absence in his case, which predated the new law. Records show Slater was convicted of violating no-contact orders five times in five years, multiple driving offenses and domestic violence charges. He pleaded guilty in 2016 to assault in Washington state. A judge ordered him not to have contact with the woman, who was not identified, but he showed up within a day of being let out of jail. He was charged in 2017 with alleged felony violation of a no-contact order and felony bail jumping after missing a court date later in the year. Slater’s attorney, Frederic Moll, asked for separate trials on the counts. Snohomish County Superior Court Judge Anita Farris, a former public defender, found that the charges could be tried together for “judicial economy reasons” and that they were cross-admissible, meaning one could be used to prove the other. Judge Ellen Fair presided over the trial and agreed with Farris. State Court of Appeals judges also agreed. During the trial, deputy prosecutor Adam Sturdivant repeatedly noted how the defendant missed his court date, asking: “If he didn’t do it, why didn’t he show up for trial call a year ago?” Slater was found guilty on both counts and sentenced to more than two years in prison and a year of probation.

Court to hear appeal of Dallas officer who killed neighbor

A Texas court is scheduled to hear arguments Tuesday on overturning the conviction of a former Dallas police officer who was sentenced to prison for fatally shooting her neighbor in his home. An attorney for Amber Guyger and prosecutors are set to clash before an appeals court over whether the evidence was sufficient to prove that her 2018 shooting of Botham Jean was murder. The hearing before a panel of judges will examine a Dallas County jury’s 2019 decision to sentence Guyger to 10 years in prison for murder. It follows the recent conviction of a former Minneapolis police officer who was found guilty of murdering George Floyd, again focusing national attention on police killings and racial injustice. Guyger is not expected to appear in court Tuesday and the appeals panel will hand down a decision at an unspecified later date. More than two years before Floyd’s death set off protests across the country, Guyger’s killing of Jean drew national attention because of the strange circumstances and because it was one in a string of shootings of Black men by white police officers. The basic facts of the case were not in dispute. Guyger, returning home from a long shift, mistook Jean’s apartment for her own, which was on the floor directly below his. Finding the door ajar, she entered and shot him, later testifying that she through he was a burglar. Jean, a 26-year-old accountant, had been eating a bowl of ice cream before Guyger shot him. She was later fired from the Dallas Police Department. The appeal from Guyger, now 32, hangs on the contention that her mistaking Jean’s apartment for her own was reasonable and, therefore, so too was the shooting. Her lawyers have asked the appeals court to acquit her of murder or to substitute in a conviction for criminally negligent homicide, which carries a lesser sentence. In court filings, Dallas County prosecutors countered that Guyger’s error doesn’t negate “her culpable mental state.” They wrote, “murder is a result-oriented offense.” Jean’s mother, Allison Jean, told the Dallas Morning News that the appeal has delayed her family’s healing. ”I know everyone has a right of appeal, and I believe she’s utilizing that right,” Jean said. “But on the other hand, there is one person who cannot utilize any more rights because she took him away. “So having gotten 10 years, only 10, for killing someone who was in the prime of his life and doing no wrong in the comfort of his home, I believe that she ought to accept, take accountability for it and move on,” she said. Guyger could have been sentenced to up to life in prison or as little as two years. Prosecutors had requested a 28-year sentence ? Botham Jean would have been 28 if he were still alive during the trial. Under her current sentence, Guyger will become eligible for parole in 2024, according to state prison records. Following the trial, two members of the jury said the diverse panel tried to consider what the victim would have wanted when they settled on a 10-year prison sentence. Jean ? who went by “Bo” ? sang in a church choir in Dallas and grew up in a devout family on the island nation of St. Lucia. After sentencing, Brandt Jean embraced Guyger in court and told her his older brother would have wanted her to turn her life over to Christ. He said if she asked God for forgiveness, she would get it.

Judge: Boston exam schools admissions policy ‘race-neutral’

A federal judge has upheld a temporary admissions policy at Boston’s elite exam high schools, ruling against a parents group that said in a lawsuit it discriminated against white students and those of Asian descent. “This court finds and rules that the plan is race-neutral, and that neither the factors used nor the goal of greater diversity qualify as a racial classification,” U.S. District Judge William Young in Boston wrote in the ruling released Thursday night. The ruling applies only to the current exam cycle. The Boston School Committee last fall temporarily dropped the entrance exam for Boston Latin School, Boston Latin Academy and the O’Bryant School of Math and Science because it was not safe to hold exams in-person during the pandemic. Instead, the committee used student performance and ZIP code to weigh admission. A group called the Boston Parent Coalition for Academic Excellence, filed a lawsuit in February on behalf of 14 white and Asian applicants in which it called the new policy “wholly irrational.” William Hurd, an attorney for the coalition, said there will be an appeal. “We respectfully disagree with the court’s decision,” Hurd said in a statement. The Boston Public Schools in a statement said its goal has always been to “ensure a safe, fair, and equitable exam school admissions process.”

Alaska denied oil check benefits to gay couples, dependents

Alaska discriminated against some same-sex spouses for years in wrongfully denying them benefits by claiming their unions were not recognized even after courts struck down same-sex marriage bans, court documents obtained by The Associated Press show. The agency that determines eligibility for the yearly oil wealth check paid to nearly all Alaska residents denied a dividend for same-sex spouses or dependents of military members stationed in other states for five years after a federal court invalidated Alaska’s ban on same-sex marriage in 2014, and the Supreme Court legalized the unions nationwide in June 2015, the documents show. In one email from July 2019, a same-sex spouse living out-of-state with his military husband was denied a check because “unfortunately the state of Alaska doesn’t recognize same sex marriage yet,” employee Marissa Requa wrote to a colleague, ending the sentence with a frown face emoji. This Permanent Fund Dividend Division practice continued until Denali Smith, who was denied benefits appealed and asked the state to start including her lawyer in its correspondence. Smith later sued the state, seeking an order declaring that state officials violated the federal court decision and Smith’s constitutional rights to equal protection and due process Smith and the state on Wednesday settled the lawsuit. Alaska admitted denying benefits to same-sex military spouses and dependents for five years in violation of the permanent injunction put in place by the 2014 U.S. District Court decision. The state also vowed to no longer use the outdated state law, to deny military spouses and dependents oil checks going forward, and updated enforcement regulations. There were no financial terms to the settlement. In fact, Smith had to pay $400 out of pocket to file the federal lawsuit to get her oil check, and her attorney worked pro bono. In Alaska, the oil wealth check is seen as an entitlement that people use to buy things like new TVs or snowmobiles, fund college savings accounts or, in rural Alaska, weather high heating and food costs. The nest-egg fund, seeded with oil money, has grown into billions of dollars. A portion traditionally goes toward the checks, but the amount varies. Last year, nearly every single resident received $992. The year before, the amount was $1,606. About 800 pages of emails provided by the state for the lawsuit show a clear misunderstanding or outright disregard of the 2014 precedent and reluctance to reach out to the attorney general’s office for guidance.

High court nixes Alex Jones’ appeal in Newtown shooting case

The U.S. Supreme Court on Monday declined to hear an appeal by Infowars host and conspiracy theorist Alex Jones, who was fighting a Connecticut court sanction in a defamation lawsuit brought by relatives of some of the victims of the Sandy Hook Elementary School shooting. Jones was penalized in 2019 by a trial court judge for an angry outburst on his web show against an attorney for the relatives and for violating numerous orders to turn over documents to the families’ lawyers. Judge Barbara Bellis barred Jones from filing a motion to dismiss the case, which remains pending, and said she would order Jones to pay some of the families’ legal fees. Jones argued he should not have been sanctioned for exercising his free speech rights. The Connecticut Supreme Court upheld Bellis’ ruling last year. The families and an FBI agent who responded to the shooting, which left 20 first-graders and six educators dead, are suing Jones and his show over claims that the massacre was a hoax. The families said they have been subjected to harassment and death threats from Jones’ followers because of the hoax conspiracy. Jones, whose show is based in Austin, Texas, has since said he believes the shooting occurred. The U.S. Supreme Court turned down Jones’ request to hear his appeal without comment. Jones’ attorney, Norman Pattis, called the court’s decision “a disappointment.” “Judge Bellis, and the Connecticut Supreme Court, asserted frightening and standardless power over the extrajudicial statements of litigants,” Pattis said in an email to The Associated Press. “Mr. Jones never threatened anyone; had he done so, he would have been charged with a crime. We are inching our way case-by-case toward a toothless, politically correct, First Amendment.” Joshua Koskoff, a lawyer for the Sandy Hook families, said Jones deserved to be sanctioned for his threatening comments on his show. “The families are eager to resume their case and to hold Mr. Jones and his financial network accountable for their actions,” Koskoff said in a statement. “From the beginning, our goal has been to prevent future victims of mass shootings from being preyed on by opportunists.” The sanction came after Jones, on Infowars in 2019, accused an attorney for the families, Christopher Mattei, of planting child pornography that was found in email metadata files that Jones turned over to the Sandy Hook families’ lawyers. Pattis has said the pornography was in emails sent to Jones that were never opened.

New Mexico governor appoints judge to court of appeals

New Mexico Gov. Michelle Lujan Grisham has appointed a judge to the state Court of Appeals to fill a vacancy created by Justice Julie J. Vargas’ appointment to the state Supreme Court. The state’s 4th Judicial District Chief Judge Gerald E. Baca was appointed to the New Mexico Court of Appeals on Friday. “Judge Baca has extensive experience on all sides of criminal and civil litigation as well as a diverse and rigorous background on the bench,” said Lujan Grisham, a Democrat, in a statement. “Our state Court of Appeals will greatly benefit from his decades of judicious and exemplary practice as an attorney and jurist.” Baca, a New Mexico native, has presided over criminal cases in the district court that serves the counties of Guadalupe, Mora and San Miguel since 2013. “I’m so excited and looking forward to doing this work,” Baca said. “But at the same time, a little saddened because I’ve been here in my hometown serving my community. It’s hard to leave hoping that I’ve done a good job but looking forward to being able to do good things for the people of New Mexico and the Court of Appeals.” Baca, 59, will now be one of 10 judges tasked with reviewing appeals from the state’s lower courts. New Mexico Court of Appeals judges serve eight-year terms and must be retained by at least 57% of voters at the end of each term, the Santa Fe New Mexican reported. Baca, a registered Democrat, will have to win the 2022 primary and general elections to remain on the Court of Appeals, the newspaper reported. This is Baca’s third gubernatorial appointment. Former Democratic Gov. Bill Richardson appointed Baca to the 4th Judicial District seat in 2007. Baca then lost his job in an election the following year. In 2013, former Republican Gov. Susana Martinez appointed Baca to the 4th Judicial District again. Baca was elected to remain in his post in 2014.

Philippine Supreme Court slams killings of lawyers, judges

The Philippine Supreme Court on Tuesday condemned the alarming number of killings and threats against lawyers and judges. One legal group has said these attacks are considerably higher under President Rodrigo Duterte compared to the past 50 years under six former presidents. The 15-member high court asked lower courts, law enforcement agencies and lawyers and judges’ groups to provide information about such attacks in the last 10 years, in order for the court to take preemptive steps. The attacks, it said, endanger the rule of law in an Asian bastion of democracy. “To threaten our judges and our lawyers is no less than an assault on the judiciary. To assault the judiciary is to shake the very bedrock on which the rule of law stands,” the high court said in a rare, strongly-worded censure of the attacks. “This cannot be allowed in a civilized society like ours.” The court said it would not “tolerate such acts that only perverse justice, defeat the rule of law, undermine the most basic of constitutional principles and speculate on the worth of human lives.” The Free Legal Assistance Group, a prominent group of lawyers, said at least 61 lawyers have been killed in the five years of Duterte’s presidency compared to at least 25 lawyers and judges slain under six presidents since 1972, when dictator Ferdinand Marcos placed the Philippines under martial law. Lawyers’ groups said the court’s denunciation was long overdue but nevertheless welcomed it. “We have been sounding out the clarion call and providing information and concrete recommendations for the longest time,” said lawyer Edre Olalia, who heads the left-wing National Union of People’s Lawyers. A number of lawyers who represented suspected drug dealers or were linked to the illegal drug trade were among those gunned down under Duterte’s rule. When he took office in mid-2016, Duterte launched a massive anti-drug crackdown that has left more than 6,000 mostly petty suspects dead and alarmed Western governments and human rights groups.

Feds drop legal battle over tribe’s reservation status

The Mashpee Wampanoag Tribe scored a legal victory Friday when the U.S. Interior Department withdrew a Trump administration appeal that aimed to revoke federal reservation designation for the tribe’s land in Massachusetts. A federal judge in 2020 blocked the U.S. Interior Department from revoking the tribe’s reservation designation, saying the agency’s decision to do so was “arbitrary, capricious, an abuse of discretion, and contrary to law.” The Trump administration appealed the decision, but the Interior Department on Friday moved to dismiss the motion. In a filing in a federal appeals court in Washington, D.C., the Interior Department said it had “conferred with the parties and none opposes this motion.” A judge granted the motion and dismissed the case. The tribe’s vice chair, Jessie Little Doe Baird, called it a triumph for the tribe and for ancestors “who have fought and died to ensure our Land and sovereign rights are respected.” “We look forward to being able to close the book on this painful chapter in our history,” Baird said in a statement. “The decision not to pursue the appeal allows us continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.” The Cape Cod-based tribe was granted more than 300 acres (1.2 square kilometers) of land in trust in 2015 by then-President Barack Obama, a move that carved out the federally protected land needed for the tribe to develop its planned $1 billion First Light casino, hotel and entertainment resort. The tribe learned in March 2020 that the federal government was moving to reverse the reservation designation. The Trump administration decided it could not take the land into trust because the tribe was not officially recognized as of June 1, 1934. That was the year the federal Indian Reorganization Act, which laid the foundation for modern federal Indian policy, became law. At the time, the tribe’s chair called it a “sucker punch.” The tribe, which traces its ancestry to the Native Americans that shared a fall harvest meal with the Pilgrims in 1621, gained federal recognition in 2007. U.S. Representative Bill Keating, D-Mass., whose district includes Cape Cod, applauded the decision to drop the appeal.

Justice: Technology helped Nebraska courts face pandemic

Nebraska’s courts have faced a big challenge due to the coronavirus pandemic but continue to serve the public with the use of technology, the state’s chief justice said Thursday. Nebraska Supreme Court Chief Justice Michael Heavican said the pandemic forced the courts to turn to livestreaming and video chatting services to ensure that proceedings were accessible to the public and people involved in the system. “We would not have had the ability to rapidly respond to the pandemic if the courts had not built a strong technological foundation over the past decade,” Heavican said in his annual State of the Judiciary address to lawmakers. “As we entered 2020, we were well positioned to transition to distance operations because we had already begun to implement new courtroom technology and programming.” Heavican said the court’s online payment systems allowed residents to pay traffic tickets and court fines without leaving their homes, and the judiciary also offered an online education system to help judges, lawyers, guardians and others meet continuous education requirements. New attorneys were sworn into office via online ceremonies across the state, Heavican said. In Dawson County, one judge is broadcasting court proceedings on YouTube. Heavican said schools and private organizations have hosted trials in counties whose courthouses are too small for adequate social distancing to prevent transmission of the coronavirus. He said jury trials were held at the University of Nebraska-Kearney, Grand Island Central Community College and local K-12 schools and the Lincoln Masonic Lodge. Heavican also touted the benefits of probation services and problem-solving courts. He said probation costs nearly $2,000 per person, per year, and problem-solving courts costs about $4,000, compared to $41,000 for a person in prison.

India's top court suspends implementation of new farm laws

India’s top court on Tuesday temporarily put on hold the implementation of agricultural reform laws and ordered the creation of an independent committee of experts to negotiate with farmers who have been protesting against the legislation. The Supreme Court's ruling came a day after it heard petitions filed by the farmers challenging the legislation. It said the laws were passed without enough consultation, and that it was disappointed with the way talks were proceeding between representatives of the government and farmers. Tens of thousands of farmers protesting against the legislation have been blocking half a dozen major highways on the outskirts of New Delhi for more than 45 days. Farmers say they won’t leave until the government repeals the laws. They say the legislation passed by Parliament in September will lead to the cartelization and commercialization of agriculture, make farmers vulnerable to corporate greed and devastate their earnings. The government insists the laws will benefit farmers and enable them to market their produce and boost production through private investment. Chief Justice Sharad Arvind Bobde said the independent committee of four experts would “amicably resolve” the standoff between the farmers and the government. The court, however, did not provide details as to how it selected the committee experts. Farmer unions rejected the idea of an expert committee and said all four members have publicly favored the contentious legislation. They reiterated their demand for the total repeal of the laws. A key union said the court’s decision to suspend the implementation of the legislation was welcome but “not a solution.” “The government must withdraw. It must understand that farmers and people of India are opposed to the laws,” the All India Kisan Sangharsh Coordination Committee said. During a virtual hearing on Monday, Bobde said the impasse was causing distress to farmers and the situation at the protest sites was only getting worse. “Each one of us will be responsible if anything goes wrong,” Bobde told India's attorney general, K.K. Venugopal, who was arguing for the government. The two sides have failed to make progress in multiple rounds of talks over the farmers’ main demand that the laws be scrapped. The government has ruled out withdrawing the laws, but says it could make some amendments.

Supreme Court won't hear PA abortion clinic free speech case

The Supreme Court is declining to get involved in a case about free speech outside a Pittsburgh abortion clinic. The high court turned away the case Monday. The court's decision not to hear the case leaves in place a 2019 appeals court decision that upheld a Pittsburgh ordinance creating a 15-foot “buffer zone” where protests are barred around entrances to health care facilities. The decision by the 3rd U.S. Circuit Court of Appeals allowed “sidewalk counseling” within that zone. The appeals court said the city can restrict congregating, picketing, patrolling and demonstrating in the immediate vicinity of clinics, but the zone restrictions do not apply to “calm and peaceful” one-on-one conversations by anti-abortion activists seeking to speak with women entering a clinic. Justice Clarence Thomas wrote that he agreed with the court's decision not to take up this particular case because it "involves unclear, preliminary questions about the proper interpretation of state law." But he said the court should take up the issue of buffer zones in an appropriate case.

Arizona Supreme Court upholds election challenge dismissal

 The Arizona Supreme Court on Tuesday upheld a lower court decision dismissing the last in a series of challenges that sought to decerify Democrat Joe Biden’s victory in the state.

The high court ruling is the second time the majority-Republican court has turned aside an appeal of a court loss by backers of President Donald Trump seeking to overturn the results of the election. In all, eight lawsuits challenging Biden’s Arizona win have failed. It comes the day before a divided Congress is set to certify Biden’s victory.

Tuesday’s ruling from a four-judge panel of the high court agreed with a trial court judge in Pinal County that plaintiff Staci Burk lacked the right to contest the election. That’s because she wasn’t a registered voter at the time she filed her lawsuit, as required in state election contests. Both courts also agreed that she made her legal challenge too late, after the five-day period for filing such an action had passed.

Burk said in her lawsuit that she was a qualified Arizona voter, but officials said they discovered she wasn’t registered to vote. She later said she mistakenly thought “qualified electors” were people who were merely eligible to vote, and that her voter registration was canceled because election workers were unable to verify her address.

The Supreme Court said the fact that she wasn’t a registered voter was fatal to her ability to file an election challenge and that Burk admitted she knew she wasn’t registered.

“There is nothing before the Court to indicate that Appellant timely contacted the appropriate authorities to correct any problems with her voter registration,” Chief Justice Robert Brutinel wrote. “An election challenge ... is not the proper vehicle to reinstate voter registration.”

Biden won the state over Republican President Donald Trump by more than 10,000 votes and the results were certified last month.

The lawsuit brought by Burk, who isn’t a lawyer but represented herself, is nearly identical to a lawsuit dismissed in early December in federal court in Phoenix.

Burk’s lawsuit alleged Arizona’s election systems have security flaws that let election workers and foreign countries manipulate results. Opposing attorneys said the lawsuit used conspiracy theories to make allegations against a voting equipment vendor without any proof to back up claims of widespread election fraud in Arizona.

No evidence of voter or election fraud has emerged in Arizona. Despite that, Republicans who control the Legislature are pushing to review how Maricopa County, the state’s most populous, ran its election. Two subpoenas issued by the state Senate seeking an audit and to review voting machines, ballots and other materials are being challenged by Maricopa County.

Two of the failed legal challenges focused on the use of Sharpies to complete ballots were dismissed. Another lawsuit in which the Trump campaign sought inspection of ballots was dismissed after the campaign’s lawyer acknowledged the small number of ballots at issue wouldn’t have changed the outcome.

A judge dismissed a lawsuit in which the Arizona Republican Party tried to determine whether voting machines had been hacked.

Then a separate challenge by Arizona GOP Chairwoman Kelli Ward was tossed out by a judge who concluded the Republican leader failed to prove fraud and that the evidence presented at trial wouldn’t reverse Trump’s defeat. The state Supreme Court upheld that decision in an earlier ruling.

And a federal judge dismissed a lawsuit by conservative lawyer Sidney Powell, who alleged widespread election fraud through the manipulation of voting equipment. Burk’s lawsuit repeated some of Powell’s allegations word-for-word.