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Wisconsin Supreme Court agrees to hear voter purge case
Court News | 2020/06/02 09:54
The Wisconsin Supreme Court on Monday agreed to hear a case seeking to purge about 129,000 voter registrations from the rolls ahead of the November presidential election after previously deadlocking on whether to get involved.

Democrats oppose the voter purge, arguing it is intended to make it more difficult for their voters to cast ballots. Conservatives who brought the lawsuit argue that the integrity of the vote is at stake, saying that when records indicate voters may have moved, their registrations should be deactivated.

The case is closely watched in battleground Wisconsin, a state President Donald Trump won by fewer than 23,000 votes in 2016. Winning Wisconsin is a key part of the strategy for both Trump and presumptive Democratic nominee Joe Biden.

he voter purge case was brought on behalf of three voters by the Wisconsin Institute for Law and Liberty, a conservative law firm. It won in Ozaukee County, with a judge ordering in January that the purge take place immediately. The Supreme Court deadlocked then when asked to immediately take the case. In February, a state appeals court reversed the lower court’s ruling, stopped the purge and dismissed the case.

That set up the latest request made in March for the Supreme Court to hear the case, which it agreed to do on Monday. It is likely to hear arguments this summer or early fall and could issue a ruling before the November election.


Supreme Court rules in FOIA case long delayed by lawmaker
Court News | 2020/05/28 11:29
A group of elected officials in southwest Virginia violated the state's open government law during meetings about dissolving a public library system, the Virginia Supreme Court ruled on Thursday in a case long delayed by a lawmaker's use of a privilege of his office.

State Del. Jeff Campbell, who is also an attorney in private practice, represented the Smyth County Board of Supervisors in the lawsuit brought by the head of a nonprofit that promotes the library.

The court ruled that the board had improperly entered into closed sessions and exceeded the scope of subjects it was allowed to discuss in closed meetings. The justices also found that the circuit court had erred by not awarding attorneys fees and costs to the group suing the board.

Paul Morrison, attorney for the president of the Friends of the Smyth-Bland Regional Library, said while he was pleased with the decision, the fact that the case took so long to come to a resolution means the board now has many new members. The ones who made the error won't have to face the fallout, he said.

“It sounds so cliche to say justice delayed is justice denied, but it’s really true,” he said.

Attorneys who serve in Virginia’s General Assembly or work there have broad discretion to obtain continuances in their cases “as a matter of right” under certain conditions. The Associated Press, citing court records obtained through a public records request, has previously reported that Campbell routinely uses that privilege to delay court proceedings, and has done so at least nine times in a domestic violence case against a former NASCAR driver.


Oregon high court keeps state virus restrictions in place
Court News | 2020/05/23 14:44
The Oregon Supreme Court has kept statewide virus restrictions in place by halting a judge’s order to end them in a lawsuit claiming the governor exceeded her authority when she shut down in-person religious services.

Baker County Circuit Judge Matthew Shirtcliff ruled Monday that Gov. Kate Brown erred by not seeking the Legislature’s approval to extend her stay-at-home orders beyond a 28-day limit. Brown’s lawyers appealed to the Oregon Supreme Court, which just hours later put a hold on Shirtcliff’s decree until the high court’s justices can review the matter.

Presiding Justice Thomas Balmer gave both sides until Friday to submit legal briefs. He did not give a timeline for a decision.

The lower court judge had issued his opinion in response to a lawsuit filed earlier this month by 10 churches around Oregon that argued the state’s social distancing directives were unconstitutional.

In a statement late Monday, Brown, a Democrat, praised the state Supreme Court action.

“There are no shortcuts for us to return to life as it was before this pandemic. Moving too quickly could return Oregon to the early days of this crisis, when we braced ourselves for hospitals to be overfilled,” she said.

Kevin Mannix, an attorney representing businesses in the case, said Tuesday that he was encouraged that the state Supreme Court seemed to be taking the case seriously. Normally, briefings in cases before the court wouldn’t be due until June 1, he said.

“Every day that the governor’s order remains in effect, people are prevented from being able to assemble peaceably, their free expression rights are limited … and most significantly, their freedom of religion rights are restricted,” he said. “This extraordinary power that she’s been exercising has a time limit on it.”

In his opinion, Shirtcliff wrote that the damage to Oregonians and their livelihood was greater than the dangers presented by the coronavirus. He also noted that other businesses deemed essential, such as grocery stores, had been allowed to remain open even with large numbers of people present and have relied on masks, social distancing and other measures to protect the public.



Lawyer: Security video in Arbery case may show water breaks
Court News | 2020/05/15 13:11
A young black man filmed by a security camera walking through a home under construction in December and in February may have stopped at the site for a drink of water, according to an attorney for the homeowner thrust into the investigation of the fatal shooting of Ahmaud Arbery.

Arbery was killed Feb. 23 in a pursuit by a white father and son who armed themselves after the 25-year-old black man ran past their yard just outside the port city of Brunswick. Right before the chase, Arbery was recorded inside an open-framed home being built on the same street.

Gregory McMichael, 64, and Travis McMichael, 34, have been jailed on murder charges since May 7. The elder McMichael told police he suspected Arbery was responsible for recent break-ins in the neighborhood. He also said Arbery attacked his son before he was shot.

Arbery’s mother has said she believes her son was merely out jogging.

On Friday, an attorney for the owner of the house under construction released three security camera videos taken Dec. 17, more than two months before the shooting. They show a black man in a T-shirt and shorts at the site. In the final clip, he walks a few steps toward the road, then starts running at a jogger's pace.


Virus whistleblower tells lawmakers US lacks vaccine plan
Court News | 2020/05/14 09:48
Whistleblower Dr. Rick Bright warned on Thursday that the U.S. lacks a plan to produce and fairly distribute a coronavirus vaccine when it becomes available. The nation could face “the darkest winter in modern history” unless leaders act decisively, he told a congressional panel.

Bright alleges he was ousted from a high-level scientific post after warning the Trump administration to prepare for the pandemic.

Testifying Thursday, Bright said, “We don’t have (a vaccine plan) yet, and it is a significant concern.” Asked if lawmakers should be worried, Bright responded, “absolutely.”

Bright, a vaccine expert who led a biodefense agency in the Department of Health and Human Services, said the country needs a plan to establish a supply chain for producing tens of millions of doses of a vaccine, and then allocating and distributing them fairly. He said experience so far with an antiviral drug that has been found to benefit COVID-19 patients has not given him much confidence about distribution. Hospital pharmacies have reported problems getting limited supplies.

The White House has begun what it calls “Operation Warp Speed” to quickly produce, distribute and administer a vaccine once it becomes available.

Bright testified Thursday before the House Energy and Commerce Committee. Aspects of his complaint about early administration handling of the crisis were expected to be backed up by testimony from an executive of a company that manufactures respirator masks.


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