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Ohio governor’s race split by pandemic, abortion, gun rights
Legal World News |
2022/10/20 12:35
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Just three years ago, Ohio Republican Gov. Mike DeWine and Dayton Mayor Nan Whaley, a Democrat, stood side by side, promising to push together for gun control proposals after a gunman killed nine people and wounded more than two dozen in the city’s nightclub district. It was a short-lived pledge.
Allies then, DeWine and Whaley are now facing each other in a partisan governor’s race defined by events that neither could have predicted at the time: the coronavirus pandemic and a U.S. Supreme Court’s ruling overturning Roe v. Wade.
They no longer see eye-to-eye on guns either. Their gun control proposals never came about, and since the Dayton mass shooting DeWine signed legislation loosening gun restrictions — including a so-called stand your ground bill eliminating the duty to retreat before using force and another making concealed weapons permits optional for those legally allowed to carry a weapon.
“The politics got hard and Mike DeWine folded,” Whaley said this year.
Both candidates survived contested primaries to face each other in November. DeWine overcame two far-right opponents who criticized him for his aggressive decisions early in the pandemic, including a business shut-down order and a statewide mask mandate. Despite more than four decades in Ohio politics, DeWine failed to secure 50% of the primary vote.
Whaley easily defeated former Cincinnati mayor John Cranley and is now trying to regain a seat last won by Democrats 16 years ago.
Since the primary, Whaley has hammered DeWine for signing those gun bills and for his anti-abortion positions, including his 2019 signing into law of Ohio’s anti-abortion “ fetal heartbeat bills.”
But despite criticism that DeWine took from members of his own party over his approach to the coronavirus and Democratic furor over the Supreme Court’s abortion ruling, most polls show DeWine comfortably ahead. Ultimately, that still comes down to DeWine’s long years in Ohio politics, said Tom Sutton, a political science professor at Baldwin-Wallace University.
Sutton noted that a September Marist poll found that 42% of adults statewide had either never heard of Whaley — who also ran briefly for governor in 2018 — or didn’t know how to rate her. Meanwhile, DeWine has previously won statewide races for lieutenant governor, U.S. senator, attorney general and governor.
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Kenya’s Supreme Court upholds Ruto’s narrow presidential win
Legal World News |
2022/09/06 09:34
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Kenya’s Supreme Court on Monday unanimously rejected challenges to the official results of the presidential election and upheld Deputy President William Ruto’s narrow win in East Africa’s most stable democracy.
Ruto is expected to be sworn in on Sept. 13. Opposition candidate Raila Odinga had alleged irregularities in the otherwise peaceful Aug. 9 election that was marked by last-minute drama when the electoral commission split and traded accusations of misconduct.
The court found little or no evidence for the various allegations and called some “nothing more than hot air.” It also expressed puzzlement why the four dissenting commissioners participated until the final minutes in a vote-tallying process they criticized as opaque.
The commission “needs far-reaching reforms,” the court acknowledged, “but are we to nullify an election on the basis of a last-minute boardroom rupture?”
The Supreme Court shocked Kenyans in the previous election in 2017 by overturning the results of the presidential election, a first in Africa, and ordered a new vote after Odinga filed a challenge. He then boycotted that new election.
This time, Odinga was backed by former rival and outgoing President Uhuru Kenyatta in the latest example of shifting political alliances. Odinga’s team had challenged the technology used by the electoral commission and alleged that voting results had been tampered with, and it argued that the electoral commission chair had essentially acted alone in declaring the winner.
The election had been seen as the country’s most transparent, with results from tens of thousands of polling stations posted online within hours of the vote for Kenyans to follow the tally themselves. Such reforms were in part the result of Odinga’s previous election challenge.
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Court puts on hold Graham’s testimony in Ga. election probe
Legal World News |
2022/08/18 15:24
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A federal appeals court on Sunday agreed to temporarily put on hold a lower court’s order requiring that U.S. Sen. Lindsey Graham testify before a special grand jury that’s investigating possible illegal efforts to overturn then-President Donald Trump’s 2020 election loss in Georgia.
A subpoena had instructed the South Carolina Republican to appear before the special grand jury on Tuesday.
U.S. District Judge Leigh Martin May last Monday denied Graham’s request to quash his subpoena and on Friday rejected his effort to put her decision on hold while he appealed. Graham’s lawyers then appealed to the 11th U.S. Circuit Court of Appeals.
On Sunday, a three-judge panel of the appeals court issued the order temporarily pausing May’s order declining to quash the subpoena. The panel sent the case back to May to decide whether the subpoena should be partially quashed or modified because of protections granted to members of Congress by the U.S. Constitution.
Once May decides that issue, the case will return to the 11th Circuit for further consideration, according to the appeals court order.
Graham’s representatives did not immediately respond Sunday to messages seeking comment on the appellate ruling. A spokesperson for Fulton County District Attorney Fani Willis declined to comment.
Willis opened the investigation early last year, prompted by a Jan. 2, 2021, phone call between Trump and Georgia Secretary of State Brad Raffensperger. During that conversation, Trump suggested Raffensperger could “find” the votes needed to overturn his narrow loss in the state.
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Court reinstates ban on lobster gear to protect right whales
Legal World News |
2022/07/13 12:29
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A federal circuit court has reinstated a ban on lobster fishing gear in a nearly 1,000-square-mile area off New England to try to protect endangered whales.
The National Marine Fisheries Service issued new regulations last year that prohibited lobster fishing with vertical buoy lines in part of the fall and winter in the area, which is in federal waters off Maine’s coast. The ruling was intended to prevent North Atlantic right whales, which number less than 340, from becoming entangled in the lines.
The U.S. District Court for the District of Maine issued a preliminary injunction to halt enforcement of the rules. The U.S. Court of Appeals for the First Circuit in Boston vacated that ruling Tuesday.
The circuit court sent the case back to the district court level, but noted in its ruling that it does not think the lobster fishing groups that sued to stop the regulations are likely to succeed because Congress has clearly instructed the fisheries service to protect the whales.
“Although this does not mean the balance will always come out on the side of an endangered marine mammal, it does leave plaintiffs beating against the tide, with no more success than they had before,” the court ruled.
The ruling was the second by a federal court in favor of right whale protection in the past week. A U.S. District judge ruled last week that the federal government hasn’t done enough to protect the whales from entanglement in lobster fishing gear, which can be lethal, and new rules are needed to protect the species from extinction.
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