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High court halts new Texas electoral maps
State Law Issues |
2011/12/11 11:11
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Texas' March primary will likely be delayed after the Supreme Court on Friday blocked the use of state legislative and congressional district maps that were drawn by federal judges.
The court issued a brief order late Friday that applies to electoral maps drawn by federal judges in San Antonio for the Texas Legislature and Congress that would have ensured minorities made up the majority in three additional Texas congressional districts. The justices said they will hear arguments on Jan. 9.
The judges issued the new maps for the 2012 election in Texas after a lawsuit was filed in San Antonio over redistricting maps drawn by the GOP-led Legislature. The maps were to remain in place until the lawsuit was resolved.
The Supreme Court's order brings to a halt filing for legislative and congressional primary elections that began Nov. 28. The primaries had been scheduled to take place in March, but the Supreme Court's decision means those elections almost certainly will be delayed, possibly until May. |
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Appeals court allows Albany hospital merger
Law Firm Press Release |
2011/12/10 11:11
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A federal appeals court has ruled that Albany's Phoebe Putney Memorial Hospital can buy Palmyra Medical Center.
The Albany Herald reports that the 11th U.S. Circuit Court of Appeals upheld a lower court decision that said the sale was not subject to federal antitrust oversight.
The Federal Trade Commission had appealed the lower court ruling. The commission argued that Phoebe Putney and Hospital Corporation of America, Palmyra's parent company, were using the Hospital Authority of Albany-Dougherty County to conceal their actions from federal scrutiny.
Phoebe Putney CEO Joel Wernick said Friday he's eager to move forward with the consolidation of the two hospitals.
The FTC said in a statement Friday that it is concerned the deal will raise health care costs in Albany and said it is considering its options. |
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CA same-sex marriage ban gets another day in court
Law Firm News |
2011/12/09 13:17
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The sponsors of California's gay marriage ban renewed their effort Thursday to disqualify a federal judge because of his same-sex relationship, but they met a skeptical audience in an appeals court panel.
It's the first time an American jurist's sexual orientation has been cited as grounds for overturning a court decision.
Lawyers for a coalition of religious conservative groups told a three-judge panel of the 9th U.S. Circuit Court of Appeals that Chief U.S. District Judge Vaughn Walker should have revealed he had a long-term male partner before he presided over a trial on the measure's constitutionality. He also should have stated whether he had any interest in getting married, the lawyers said.
Because he did not, Walker's impartiality stands in doubt and the decision he ultimately made to strike down Proposition 8 as a violation of Californians' civil rights must be reversed, said Charles Cooper, an attorney for the ban's backers.
In May 2009, when Judge Walker read the allegations of the complaint, he knew something the litigants and the public did not know: He knew that he, too, like the plaintiffs, was a gay resident of California who was involved in a long-term, serious relationship with an individual of the same sex, Cooper said. The litigants did not have any knowledge of these facts, and it appears that Judge Walker made the deliberate decision not to disclose these facts. |
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Appeals court blocks cement plant pollution rule
Law Firm Press Release |
2011/12/08 13:17
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A federal appeals court is blocking an Environmental Protection Agency rule designed to reduce pollution at cement plants.
A three-judge panel of the U.S. Court of Appeals in Washington agreed with cement makers that the EPA did not properly draft the rule governing storage of material used in the manufacturing process. The judges ordered the agency to rewrite the 2010 regulation and urged them to do so quickly.
Other rules affecting pollutants in the cement making process were left in place by the judges.
Congress also had been considering a challenge to the rule. More than 100 lawmakers with plants in their districts pushed the House to pass a bill Oct. 6 that would have forced the EPA to rewrite the measure and give manufacturers years to comply. |
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