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Appeals court upholds key voting rights provision
Legal Information | 2012/05/18 22:32
A federal appeals court on Friday upheld a key provision of the Voting Rights Act, rejecting an Alabama county's challenge to the landmark civil rights law.

The provision requires state, county and local governments with a history of discrimination to obtain advance approval from the Justice Department, or from a federal court in Washington, for any changes to election procedures. It now applies to all or parts of 16 states.

In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit said that Congress developed extensive evidence of continuing racial discrimination just six years ago and reached a reasonable conclusion when it reauthorized section 5 of the law at that time.

The appellate ruling could clear the way for the case to be appealed to the Supreme Court where Chief Justice John Roberts suggested in a 2009 opinion that the court's conservative majority might be receptive to a challenge to section 5.

Judge David Tatel wrote for the Court of Appeals majority that the court owes deference to Congress' judgment on the matter.


Court to decide if deportation ruling retroactive
Legal Information | 2012/05/01 10:12
The Supreme Court will decide whether to apply retroactively its 2010 decision that immigrants have a right to be told that a guilty plea could lead to their deportation.

The high court on Monday agreed to hear an appeal from Roselva Chaidez, who was in the process of being deported when the court made that March 2010 decision.

Chaidez pleaded guilty to fraud in 2004 after falsely claiming to be a passenger in a car wreck. Authorities started deportation procedures while she was applying for U.S. citizenship in 2007.

Her lawyer never told her that her fraud conviction may lead to her deportation. Chaidez says she should be able to take advantage of the Supreme Court decision that cemented that principle.


Group wants Supreme Court to save war memorial
Legal Information | 2012/02/09 10:10
Supporters of a war memorial cross deemed unconstitutional last year by a federal court plan to ask the Supreme Court to reverse the decision, amid a growing fight nationwide over the use of religious symbols to honor fallen troops.

A nonprofit legal firm, Liberty Institute in Dallas, planned to file its petition Thursday to preserve the 43-foot monument on federal land atop San Diego's Mt. Soledad — the same day the group called on combat veterans and supporters to rally at the picturesque site overlooking the Pacific Ocean in the suburb of La Jolla.

The Supreme Court has signaled a greater willingness to allow religious symbols on public land, and the U.S. House of Representatives passed a bill last month that writes into law the propriety of displaying such markers at war memorials.

Last year's ruling by the 9th Circuit U.S. Court of Appeals capped two decades of legal challenges over the 1954 cross that became a memorial to Korean War veterans.

A number of other military memorials on public lands across the country have been challenged in recent years by civil liberty activists and atheists who say they violate the separation between church and state. The Supreme Court in 2010 refused to order the removal of a congressionally endorsed war memorial cross from its longtime home atop a remote rocky outcropping in California's Mojave Desert.


Palm Beach Construction Law Attorney
Legal Information | 2012/02/04 10:03
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