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Trump admin asks Supreme Court to restore travel ban
Legal Information |
2017/06/01 17:01
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The Trump administration has asked the Supreme Court to restore the ban on travel to the U.S. from citizens of six Muslim-majority countries.
Per Reuters: "The administration filed two emergency applications with the nine Court justices seeking to block two different lower court rulings that went against Trump's March 6 order barring entry for people from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days while the U.S. government implements stricter visa screening."
Last week, an appeals court in Richmond upheld the block on Trump's order. Chief Judge Roger Gregory ruled that it, "speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination." There have been conflicting rulings on the order, and on Trump's earlier attempt to implement the ban, as it has worked its way though the courts.
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U.S. high court ruling deals blow to patent trolls
Legal Information |
2017/05/23 12:36
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The Supreme Court is making it easier for companies to defend themselves against patent infringement lawsuits.
The justices ruled unanimously on Monday that such lawsuits can be filed only in states where defendants are incorporated. The issue is important to many companies that complained about patent owners choosing more favorable courts in other parts of the country to file lawsuits.
The case involved an appeal from TC Heartland, an Indiana-based food sweetener company sued by Kraft Foods in Delaware. Lower courts refused to transfer the case to Indiana.
But the Supreme Court’s ruling will have the biggest impact on federal courts in eastern Texas, where more than 40 percent of patent lawsuits are now filed. Local rules there favor quick trials and juries tend to be more sympathetic to plaintiffs.
The ruling will have a major effect on lawsuits from so-called patent trolls — companies that buy up patents and force businesses to pay license fees or face expensive litigation. Many of those cases now may have a tougher time getting to trial or result in jury verdicts that are less generous.
Companies including eBay, Kickstarter and online crafts site Etsy had urged the high court to restrict where such cases can be filed, saying they have been sued repeatedly in courts hundreds or thousands of miles away from corporate headquarters. Even Texas Attorney General Scott Keller led a coalition of 17 states calling for an end to so-called “forum shopping” in patent cases.
Groups representing inventors and patent owners said new restrictions would place burdens on patent holders and encourage infringing behavior and piracy.
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Supreme Court strikes down 2 NC congressional districts
Legal Information |
2017/05/20 12:37
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The Supreme Court struck down two congressional districts in North Carolina Monday because race played too large a role in their creation.
The justices ruled that Republicans who controlled the state legislature and governor's office in 2011 placed too many African-Americans in the two districts. The result was to weaken African-American voting strength elsewhere in North Carolina.
Both districts have since been redrawn and the state conducted elections under the new congressional map in 2016. Even with the new districts, Republicans maintained their 10-3 edge in congressional seats.
Justice Elena Kagan, writing for the court, said the state did not offer compelling justifications to justify its reliance on race in either district.
The issue of race and redistricting one is a familiar one at the Supreme Court and Kagan noted that one of the districts was "making its fifth appearance before this court."
States have to take race into account when drawing maps for legislative, congressional and a host of municipal political districts. At the same time, race can't be the predominant factor without very strong reasons, under a line of high court cases stretching back 20 years.
A three-judge federal court had previously struck down the two districts. The justices upheld the lower court ruling on both counts.
The court unanimously affirmed the lower court ruling on District 1 in northeastern North Carolina. Kagan wrote that the court will not "approve a racial gerrymander whose necessity is supported by no evidence."
The justices split 5-3 on the other district, District 12 in the southwestern part of the state. Justice Clarence Thomas joined the four liberal justices to form a majority. Chief Justice John Roberts and Justices Samuel Alito and Anthony Kennedy dissented. Justice Neil Gorsuch did not part in the case.
The state insisted that race played no role at all in the creation of one district. Instead, the state argued that Republicans who controlled the redistricting process wanted to leave the district in Democratic hands, so that the surrounding districts would be safer for Republicans. |
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Ohio Supreme Court justice backs legalizing marijuana
Legal Information |
2017/05/17 12:35
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An Ohio Supreme Court justice who’s mulling a run for governor thinks it’s time for the state to decriminalize marijuana.
Justice William O’Neill, the lone Democrat holding an Ohio statewide office, said making marijuana legal is working in Colorado and doing it in Ohio would bring hundreds of millions of dollars in sales taxes.
O’Neill announced earlier this year that he’s considering stepping down and making a run for governor, but he doesn’t plan on making a decision until the end of the year.
In a speech mixed with his analysis of last year’s presidential election and thoughts about problems facing the state, O’Neill said he not only wants to legalize marijuana but also release all non-violent marijuana offenders from prison.
Doing those two things would generate an estimated $350 million to both combat drug addiction and create a mental health network run by the state, he told members of the Wayne County Democratic Party on Friday night.
“The time has come for new thinking,” O’Neill said in his prepared remarks. “We regulate and tax alcohol and tobacco and imprison people for smoking grass.”
He said the Democratic Party needs new ideas in 2018 if it wants to knock off Republicans who control all branches of Ohio government.
O’Neill wants to see the Ohio Department of Mental Health re-open the network of state hospitals that were closed decades ago and change how the state deals with addiction.
“Treat addiction like the disease it is in the name of compassion,” he said.
There’s already a crowded field lining up on both sides of the governor’s race.
For the Democrats, Dayton Mayor Nan Whaley, former U.S. Rep. Betty Sutton, former state Rep. Connie Pillich and state Sen. Joe Schiavoni are making runs.
The field on the Republican side includes U.S. Rep. Jim Renacci and Secretary of State Jon Husted while Lt. Gov. Mary Taylor and Attorney General Mike DeWine are widely expected to seek the GOP nomination.
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