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Supreme Court rules Texas abortion clinics can remain open
Court News | 2015/06/30 16:01
The Supreme Court acted Monday to keep Texas' 19 abortion clinics open, amid a legal fight that threatens to close more than half of them.

The justices voted 5-4 to grant an emergency appeal from the clinics after a federal appeals court upheld new clinic regulations and refused to keep them on hold while the clinics appealed to the Supreme Court.

The Supreme Court order will remain in effect at least until the court decides whether to hear the clinics' appeal of the lower court ruling, not before the fall.

The court's decision to block the regulations is a strong indication that the justices will hear the full appeal, which could be the biggest abortion case at the Supreme Court in nearly 25 years.

If the court steps in, the hearing and the eventual ruling would come amid the 2016 presidential campaign.

Chief Justice John Roberts and Justices Samuel Alito, Antonin Scalia and Clarence Thomas would have allowed the state to move ahead with regulations requiring abortion facilities to be constructed like surgical centers. Doctors at all clinics also would be required to have admitting privileges at a local hospital.

The clinics said enforcing the new regulations would lead to a second major wave of clinic closures statewide since the law was enacted in 2013. Texas had 41 abortion clinics in 2012; 19 remain.


US court agrees Apple violated antitrust law in e-book entry
Securities Class Action | 2015/06/28 16:01

Apple violated antitrust laws by colluding with publishers to raise electronic book prices when it entered a market in 2010 that had been dominated by Amazon.com, a federal appeals court said Tuesday.

The 2nd U.S. Circuit Court of Appeals in Manhattan ruled 2-to-1 that a lower court judge was right to find Apple Inc. violated the laws to upset Amazon.com Inc.'s control of the market.

The appeals court also agreed that U.S. District Judge Denise Cote was right to order injunctive relief to ensure the Cupertino, California-based company didn't commit additional violations of antitrust laws.

An Apple lawyer said in an email that comment would be issued soon.

Cote ruled against Apple after a civil trial in summer 2013. She ordered the technology giant to modify contracts with publishers to prevent price fixing and appointed a monitor to review the company's antitrust policies. The appeals court weeks ago upheld the appointment of the monitor.



Supreme Court upholds key tool for fighting housing bias
Court News | 2015/06/25 09:04
The Supreme Court handed a surprising victory to the Obama administration and civil rights groups on Thursday when it upheld a key tool used for more than four decades to fight housing discrimination.

The justices ruled 5-4 that federal housing laws prohibit seemingly neutral practices that harm minorities, even without proof of intentional discrimination.

Justice Anthony Kennedy, often a swing vote, joined the court's four liberal members in upholding the use of so-called "disparate impact" cases.

The ruling is a win for housing advocates who argued that the housing law allows challenges to race-neutral policies that have a negative impact on minority groups. The Justice Department has used disparate impact lawsuits to win more than $500 million in legal settlements from companies accused of bias against black and Hispanic customers.

In upholding the tactic, the Supreme Court preserved a legal strategy that has been used for more than 40 years to attack discrimination in zoning laws, occupancy rules, mortgage lending practices and insurance underwriting. Every federal appeals court to consider it has upheld the practice, though the Supreme Court had never previously taken it up.

Writing for the majority, Kennedy said that language in the housing law banning discrimination "because of race" includes disparate impact cases. He said such lawsuits allow plaintiffs "to counteract unconscious prejudices and disguised animus that escape easy classification" under traditional legal theories.

"In this way disparate-impact liability may prevent segregated housing patterns that might otherwise result from covert and illicit stereotyping," Kennedy said.

Kennedy was joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.



Same-sex marriage opponents urge Supreme Court to go slow
Opinions | 2015/06/24 09:05
Same-sex marriage opponents acknowledge they face a tough task in trying to persuade the Supreme Court to allow states to limit marriage to a man and a woman.

But they are urging the court to resist embracing what they see as a radical change in society's view of what constitutes a marriage, especially without more information about how same-sex marriage affects children who are raised by two fathers or two mothers.

The idea that same-sex marriage might have uncertain effects on children is strongly contested by those who want the court to declare that same-sex couples have a right to marry in all 50 states. Among the 31 plaintiffs in the cases that will be argued at the court on April 28 are parents who have spent years seeking formal recognition on their children's birth certificates or adoption papers.

But opponents, in dozens of briefs asking the court to uphold state bans on same-sex marriage, insist they are not motivated by any prejudice toward gays and lesbians.

"This is an issue on which people of good will may reasonably disagree," lawyer John Bursch wrote in his defense of Michigan's gay-marriage ban. Bursch argued on behalf of the states that same-sex couples can claim no constitutional right to marriage.

Same-sex couples now can marry in 36 states and the District of Columbia, the product of a dizzying pace of change in state marriage laws. Just three years ago, only six states allowed it.


Supreme Court Voids Routine Police Check Of Hotel Registries
Court Watch | 2015/06/23 09:05
The Supreme Court struck down a Los Angeles ordinance Monday that allowed police to inspect hotel guest records on demand.

The justices voted 5-4 to reject the city's argument that the measure was needed to help fight prostitution, drug trafficking and illegal gambling at budget hotels and motels.

Los Angeles said that people engaging in those activities are less likely to use hotels if they know the facilities must collect guest information and turn it over at a moment's notice.

But Justice Sonia Sotomayor said for the court that the law is unconstitutional because it penalizes the hotel owners if they don't comply. "A hotel owner who refuses to give an officer access to his or her registry can be arrested on the spot," Sotomayor wrote. Business owners must at least be given a chance to object to a judge, she said.

Justice Anthony Kennedy and Sotomayor's three liberal colleagues joined her in the majority.

In dissent, Justice Antonin Scalia said the law "is eminently reasonable" given the use of cheap motels as places to stash migrants who have been smuggled across the border and as rendezvous points for child sex workers and their clients.


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