|
|
|
Wolf asks Pennsylvania Supreme Court to uphold shutdown
Attorney Interview |
2020/06/11 09:56
|
Democratic Gov. Tom Wolf asked the Pennsylvania Supreme Court on Friday to intervene in his dispute with legislative Republicans who have voted to end pandemic restrictions he imposed in March to slow the spread of the new coronavirus.
Republican majorities in the House and Senate, with a few Democrats in support, voted this week to end the state’s emergency disaster declaration that Wolf has used to shut down “non-life-sustaining” businesses, ban large gatherings and order people to stay at home.
Wolf asked the state’s high court to uphold the shutdown. He said that his gradual reopening plan is working, pointing to a downward trend in the number of new virus infections in Pennsylvania even as cases rise in nearly half the states.
“Pennsylvania’s measured, phased process to reopen is successful because of its cautious approach that includes factors relying on science, the advice of health experts and that asks everyone to do something as simple as wearing a mask when inside or around others outside the home,” Wolf said in a news release. “We will continue to move forward cautiously.”
Wolf has been easing restrictions in vast swaths of the state, including on Friday when he announced that another eight counties would be moving to the least restrictive “green” phase of his reopening plan. But gyms, barber shops, theaters and similar businesses in the state’s highly populated southeast corner remain closed, and many types of businesses statewide must abide by occupancy limits. |
|
|
|
|
|
|
Alaska Supreme Court justices call for system improvements
Attorney Interview |
2020/06/07 09:33
|
The justices of the Alaska Supreme Court have called for improvements within the judicial system to ensure equitable and fair treatment for people of color. The four justices posted a letter online Friday saying there needs to be systematic improvements for African Americans, Alaska Natives and other groups.
The letter is addressed to “Fellow Alaskans” and signed by Chief Justice Joel Bolger and Justices Daniel Winfree, Peter Maassen and Susan Carney. Justice Craig Stowers retired June 1, and his seat has not yet been filled.
The justices referred to the ongoing social unrest sparked by the police killing of George Floyd in Minnesota. Floyd, 46, a black man, died May 25 after a white Minneapolis police officer pressed his knee on Floyd’s neck for nearly nine minutes while he was handcuffed and lying on the ground. His death prompted protests across the U.S. and around the world against police brutality and racial injustice.
“As we watch events unfolding in the aftermath of the death of George Floyd, we are saddened to see again that the ideals on which our society is founded are far from the reality of many people’s lives,” the letter said.
The justices said they must “provide an accessible and impartial forum” for cases. “We recognize that too often African-Americans, Alaska Natives, and other people of color are not treated with the same dignity and respect as white members of our communities," the justices wrote. “And we recognize that as community members, lawyers, and especially as judicial officers, we must do more to change this reality.”
They wrote that there needs to be a continued effort to make the court system “reflect the community that we serve." The justices said they would continue to work with the court's advisory Fairness and Access Commission and outreach programs such as The Color of Justice. |
|
|
|
|
|
|
Big Oil loses appeal, climate suits go to California courts
Attorney Interview |
2020/05/27 11:50
|
Big Oil lost a pair of court battles Tuesday that could lead to trials in lawsuits by California cities and counties seeking damages for the impact of climate change.
The 9th U.S. Circuit Court of Appeals rejected arguments by energy companies and ruled state courts are the proper forum for lawsuits alleging producers promoted petroleum as environmentally responsible when they knew it was contributing to drought, wildfires, and sea level rise associated with global warming.
The lawsuits claim Chevron, Exxon Mobil, ConocoPhillips, BP, Royal Dutch Shell and other companies created a public nuisance and should pay for damage from climate change and help build sea walls and other infrastructure to protect against future impact construction that could cost tens of billions of dollars.
The ruling overturned a decision by one federal judge, who had tossed out lawsuits brought by the cities of San Francisco and Oakland.
“It is time for these companies to pay their fair share,” San Francisco City Attorney Dennis Herrera said in a statement applauding the ruling. “They should not be able to stick taxpayers with the bill for the damage they knew they were causing. We will continue to hold these companies accountable for their decades-long campaign of public deception about climate change and its consequences.”
While the rulings were victories for the coastal counties and cities all in the San Francisco Bay Area except for the tiny city of Imperial Beach in San Diego County and cheered by environmental groups, it could take years before they ever get to a jury, if they make it that far. |
|
|
|
|
|
|
Court upholds ban on in-person church services in California
Attorney Interview |
2020/05/24 12:33
|
An appeals court has upheld California Gov. Gavin Newsom’s ban on in-person church services amid the coronavirus pandemic, in a split ruling that found that government’s emergency powers override what in normal times would be fundamental constitutional rights.
The 9th Circuit Court of Appeals ruled Friday that the South Bay United Pentecostal Church in San Diego cannot reopen immediately, the Los Angeles Times reported. In this case “constitutional standards that would normally govern our review of a Free Exercise claim should not be applied,” the two judges in the majority wrote in their order.
“We’re dealing here with a highly contagious and often fatal disease for which there presently is no known cure. In the words of Justice Robert Jackson, if a ‘(c)ourt does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact,’” they wrote.
The decision is likely to further anger opponents who claim that California’s rules to stop the spread of the virus violate religious freedoms.
|
|
|
|
|
|
Law Firm News RSS Feed
