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State's largest court poised for staff cutback
Court News | 2013/06/20 15:27
Los Angeles court officials will layoff or cut 539 jobs, likely resulting in long lines and reduced services.

Presiding Superior Court Judge David Wesley made the announcement Thursday, further restricting a court system that began facing cuts with the budget crisis in 2008.

"We have reached the new normal, and there is nothing to like about it," said Wesley.

He said the cuts will save $56 million a year but undermine the goal of a court system serving all areas of the county.

"This is not the neighborhood court we worked so hard to build," Wesley said in a written statement. "It is not our vision for access to justice. But this is the court the state is willing and able to support."

By the time July 1 rolls around, Wesley said the court will have eliminated 30 percent of its budgeted staff positions since 2002. It marks a 24 percent reduction since the state budget crisis began in 2008.



Court: Ariz. citizenship proof law illegal
Court News | 2013/06/19 11:17
The Supreme Court ruled Monday that states cannot require would-be voters to prove they are U.S. citizens before using a federal registration system designed to make signing up easier.

The justices voted 7-2 to throw out Arizona's voter-approved requirement that prospective voters document their U.S. citizenship in order to use a registration form produced under the federal "Motor Voter" voter registration law.

Federal law "precludes Arizona from requiring a federal form applicant to submit information beyond that required by the form itself," Justice Antonia Scalia wrote for the court's majority.

The court was considering the legality of Arizona's requirement that prospective voters document their U.S. citizenship in order to use a registration form produced under the federal "motor voter" registration law. The 9th U.S. Circuit Court of Appeals said that the National Voter Registration Act of 1993, which doesn't require such documentation, trumps Arizona's Proposition 200 passed in 2004.

Arizona appealed that decision to the Supreme Court.

The case focuses on Arizona, which has tangled frequently with the federal government over immigration issues involving the Mexican border. But it has broader implications because four other states — Alabama, Georgia, Kansas and Tennessee — have similar requirements, and 12 other states are contemplating such legislation.


NJ court: Special US Senate election in Oct. OK
Headline Legal News | 2013/06/14 08:48
A special U.S. Senate election to replace the late Democratic Sen. Frank Lautenberg can be held in October, as it was scheduled by Republican Gov. Chris Christie, a state court ruled Thursday.

The ruling could be appealed. And while it keeps an election on course it does not seem likely to chill criticism of the popular governor for how he chose to replace Lautenberg, the Senate's oldest member, who died last week at age 89.

Four Democrats and two Republicans have filed petitions to run in the Senate race to complete Lautenberg's term, with three early polls showing Democratic Newark Mayor Cory Booker as the front-runner.

Christie scheduled the election for Oct. 16. A group of Democrats sued, saying it should be held Nov. 5, the day voters are going to the polls in the general elections anyway.

Christie's critics have complained that holding the election in October will cost taxpayers unnecessarily. Officials say each election costs the state about $12 million to run.

Judge Jane Grall wrote Thursday that objections to the costs of the election are policy matters that aren't questions for the court.


Court hears arguments on NYC's big soda ban
Court Watch | 2013/06/13 22:38
A state appeals court panel had few sweet words Tuesday for a city health regulation that would fight diabetes and obesity by setting a size limit on sugary beverages sold in restaurants.

The four justices peppered a city lawyer with tough questions during a Manhattan court session aimed at determining whether health officials exceeded their authority in placing a 16-ounce limit on most sweetened beverages at city-licensed eateries.

The regulation would apply to thousands of fast food joints, fine restaurants and sports stadiums, but not to supermarkets or most convenience stores. It was struck down in March by a lower-court judge, who found that the rules had too many loopholes that would undermine the health benefits while arbitrarily applying to some businesses but not others. The city appealed.

During oral arguments in the case Tuesday, the judges repeatedly challenged city attorney Fay Ng to defend the rule's scientific and legal underpinnings.


Court says human genes cannot be patented
Court News | 2013/06/13 09:21
The Supreme Court ruled Thursday that companies cannot patent parts of naturally-occurring human genes, a decision with the potential to profoundly affect the emerging and lucrative medical and biotechnology industries.

The high court's unanimous judgment reverses three decades of patent awards by government officials. It throws out patents held by Salt Lake City-based Myriad Genetics Inc. on an increasingly popular breast cancer test brought into the public eye recently by actress Angelina Jolie's revelation that she had a double mastectomy because of one of the genes involved in this case.

Justice Clarence Thomas, who wrote the court's decision, said that Myriad's assertion — that the DNA it isolated from the body for its proprietary breast and ovarian cancer tests were patentable — had to be dismissed because it violates patent rules. The court has said that laws of nature, natural phenomena and abstract ideas are not patentable.

"We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated," Thomas said.

Patents are the legal protection that gives inventors the right to prevent others from making, using or selling a novel device, process or application. The U.S. Patent and Trademark Office has been awarding patents on human genes for almost 30 years, but opponents of Myriad Genetics Inc.'s patents on the two genes linked to increased risk of breast and ovarian cancer say such protection should not be given to something that can be found inside the human body.


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