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Kansas' high court rules for governor on religious services
Legal World News |
2020/04/12 13:01
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The Kansas Supreme Court ruled Saturday that a Republican-dominated legislative panel exceeded its authority when it tried to overturn the Democratic governor’s executive order banning religious and funeral services of more than 10 people during the coronavirus pandemic.
The decision letting Gov. Laura Kelly’s order stand came after the justices heard oral arguments one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance. The Saturday hearing was the court’s first conducted completely via video conferencing.
The court ruled that legislative action designed to give the legislative leadership panel the ability to overrule Kelly’s executive orders was flawed and didn’t legally accomplish that.
The hearing, which was the court’s first conducted completely via video conferencing, came one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance.
“In this time of crisis, the question before the court is whether a seven-member legislative committee has the power to overrule the governor. The answer is no,” said Clay Britton, chief counsel for the governor. |
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Texas clinics ask Supreme Court to abortions during pandemic
Legal World News |
2020/04/10 13:02
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Abortion clinics in Texas on Saturday asked the Supreme Court to step in to allow certain abortions to continue during the coronavirus pandemic.
The clinics filed an emergency motion asking the justices to overturn a lower-court order and allow abortions when they can be performed using medication.
Texas Gov. Greg Abbott issued an executive order last month that bars non-essential medical procedures so that medical resources can go to treating coronavirus patients. Texas' attorney general has said that providing abortions other than for an immediate medical emergency would violate the order.
A three-judge panel of the 5th U.S. Circuit Court of Appeals on Friday allowed abortions to proceed in cases where a woman would be beyond 22 weeks pregnant, the legal limit for abortions in Texas, on April 22, the day after the governor's order barring non-essential medical procedures is set to expire. |
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Wisconsin’s pandemic election puts focus on state’s court
Law Firm News |
2020/04/09 13:06
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Anyone needing proof of the power and significance of the Wisconsin Supreme Court can look no further than the lines of mask-wearing voters that stretched for hours in Milwaukee during an election held despite a stay-at-home order because of the coronavirus pandemic.
An election-eve decision by the court overturning the governor’s order to postpone the vote made the state an outlier in pushing ahead with voting, ignoring pleadings from health experts and local officials about the danger of spreading the virus.
The fact that Wisconsin went forward when other states delayed their elections, and that many voters were willing to endure long waits to cast ballots, reflects the hotly disputed role the court has taken in a state with outsize importance in national politics.
Republicans and Democrats both see Wisconsin as crucial to winning national elections and gaining control of Congress. Historically, elections in the state are decided by close margins and power has flipped between the parties.
Since conservatives have held a majority on the state Supreme Court, the Republican-dominated Legislature has been able to enact laws that enhanced the GOP’s position, including voter ID laws and limits on labor unions, despite legal challenges from Democrats. The court would play a pivotal role in reviewing the drawing of new district lines for legislative and congressional offices following the 2020 census, which has a major impact on the balance of political power.
On the ballot Tuesday for a 10-year term was one of the justices in the court’s 5-2 conservative majority, Dan Kelly.
Democrats charged that holding the election when many voters might stay home would unduly benefit Republicans, who generally fare better in low-turnout ballots. Wisconsin’s Supreme Court elections are nonpartisan in name only.
No turnout information was available from Tuesday’s vote. The results can’t be posted until April 13, allowing time for counting absentee ballots.
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Court lifts part of order blocking Texas abortion ban
Legal Information |
2020/04/09 13:03
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A federal appeals court on Friday partially rescinded a lower-court order that had largely blocked the enforcement of an abortion ban in Texas during the coronavirus pandemic.
By a 2-1 vote, the three-judge panel of the 5th U.S. Circuit Court of Appeals upheld enforcement of an executive order by Texas Gov. Greg Abbott that includes abortion among non-essential medical procedures banned during the state of emergency.
However, the appeals court allowed the procedure to go ahead if delays would place the pregnancy beyond the 22-week state cutoff for abortions.
The ruling was agreed to by Judges Jennifer Walker Elrod, an appointee of President George W. Bush, and Kyle Duncan, an appointee of President Donald Trump. Judge James L. Dennis, an appointee of President Bill Clinton, dissented and opposed any stay of the lower-court order.
COVID-19 is the illness caused by the new coronavirus. For most people, the virus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia.
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