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Supreme Court won't hear challenge to FBI fitness test
Legal Information | 2016/11/02 22:15
The Supreme Court won't hear a dispute over whether a physical fitness test for FBI special agents is biased against men.

The justices on Monday turned down an appeal from an Illinois man who failed the test after completing 29 out of 30 untimed pushups.

Jay Bauer said it's unfair that female trainees have to do only 14 pushups as part of the fitness test that includes situps, a 300-meter sprint and 1.5-mile run.

A federal judge ruled that the test discriminates on the basis of sex. But a federal appeals court sided with the FBI, saying it used "gender-normed" standards that require the same level of fitness for all trainees.



Solar Advocates Ask Florida High Court to Invalidate Measure
Legal Information | 2016/10/22 22:15
Solar advocates are asking Florida's high court to invalidate Amendment 1, a ballot measure they argue is misleading, and throw out votes cast for it.

The legal challenge was filed Wednesday with the Florida Supreme Court.

It comes after a leading proponent of Amendment 1 was recorded saying that the measure was written to appear pro-solar, even though it could end up restricting solar growth in Florida by raising costs.

Solar advocates are asking the court to revisit a previous ruling which found that Amendment 1's language was not misleading.

Sarah Bascom, spokeswoman for a utility-funded group that supports the amendment, called the legal challenge "political grandstanding" and said the amendment will protect consumers.

Amendment 1 seeks to change the state constitution to say consumers shouldn't "subsidize" solar growth.


DC appeals court hears arguments in Clean Power Plan case
Legal Information | 2016/09/27 20:18
The federal appeals court in Washington began hearing oral arguments Tuesday in the legal fight over President Barack Obama's plan to curtail greenhouse gas emissions.

The Clean Power Plan, which aims to slow climate change by reducing power-plant emissions by one-third, has been challenged by more than two dozen mostly Republican-led states, including Texas, and allied business and industry groups tied to fossil fuels. The states deride the carbon-cutting plan unveiled by the Environmental Protection Agency as an "unlawful power grab" that will kill coal-mining jobs and drive up electricity costs.

The Supreme Court has delayed implementation until the legal challenges are resolved.

Implementation of the rules is considered essential to the United States meeting emissions-reduction targets in a global climate agreement signed in Paris last year. The Obama administration and environmental groups also say the plan will spur new clean-energy jobs.

Regardless of which side prevails at the appeals level, the issue is considered likely to end up being decided by the Supreme Court.



Court rejects challenge to Michigan's emergency manager law
Legal Information | 2016/09/17 20:15
An appeals court on Monday rejected a challenge to Michigan's emergency manager law, saying Gov. Rick Snyder's remedy for distressed communities doesn't violate the constitutional rights of residents.

Emergency managers have exceptional power to run city halls and school districts, while elected officials typically are pushed aside for 18 months or more while finances are fixed. The most significant use of emergency management occurred in Detroit, where Snyder appointed bankruptcy expert Kevyn Orr in 2013. Orr seved for two years.

Critics who sued argued that the law violated a variety of rights — free speech, voting, even protections against slavery — especially in cities with large black populations.

The law might not be the "perfect remedy" but it's "rationally related" to turning around local governments, the 6th U.S. Circuit Court of Appeals said in a 3-0 decision.

"The emergency manager's powers may be vast, but so are the problems in financially distressed localities, and the elected officials of those localities are most often the ones who ... led the localities into their difficult situations," the court said in upholding a decision by U.S. District Judge George Caram Steeh.



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