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Judge criticized by abortion foes named to top Kansas court
Court News | 2019/12/16 09:11
Kansas' Democratic governor on Monday named a veteran trial-court judge who is opposed by the state's most influential anti-abortion group to the state Supreme Court ? an appointment that's likely to further stoke conservatives' efforts to change how such positions are filled.

Gov. Laura Kelly's selection of Shawnee County District Judge Evelyn Wilson comes with many Republican lawmakers already seeking to give the GOP-controlled Legislature power it doesn't have now to block appointments to the state's high court. Abortion opponents also are pushing for a change in the state constitution that would overturn the court's April ruling that protected abortion rights.

Kelly passed over two veteran lawyers working for Republican state Attorney General Derek Schmidt. Kansans for Life, an anti-abortion group long influential in GOP politics, opposed Wilson's appointment because of her husband's past political contributions to Kelly and other abortion-rights candidates.

“It’s my sense that Judge Wilson is more than qualified to fill this role,” Kelly told reporters during a Statehouse news conference. “Ideology was not really part of the conversation with any of the nominees. "

Kansans for Life said Wilson's selection shows the need to overturn the high court's abortion-rights ruling to protect "women and their babies." Lobbyist Jeanne Gawdun said the group is not surprised that Kelly would make an appointment to further her "vision for unlimited abortion.”

Wilson has not ruled on major abortion cases and declined to comment on the court's abortion-rights ruling declaring that access to abortion is a “fundamental” right under the Kansas Constitution. She will replace former Justice Lee Johnson, who retired in September and was a member of the 6-1 majority in that case.


Justices weigh dismissal of case over New York City gun law
Court News | 2019/11/29 20:48
The Supreme Court considered Monday whether to dismiss the first gun rights case it has heard in nearly 10 years, an outcome that would come as a huge relief to gun-control advocates.

The justices heard arguments in a dispute over New York City restrictions on transporting licensed, locked and unloaded guns outside the city limits. New York has dropped its transport ban, but only after the high court decided in January to hear the case.

Gun-rights groups are hoping a conservative majority fortified by two appointees of President Donald Trump, Justices Neil Gorsuch and Brett Kavanaugh, would use the case to expand on landmark decisions from a decade ago.

But the court spent most of the hour trying to determine whether anything is left of the case brought by the National Rifle Association’s New York affiliate and three city residents.

Chief Justice John Roberts sought assurances from the city’s lawyer that New York police would not refuse to issue gun licenses to people who have may have violated the old law.

In urging the justices to get rid of the case, Richard Dearing, the city’s lawyer, said repeatedly that the city would not prosecute people for or deny licenses based on past violations.

The four liberal justices made clear they are likely to vote for dismissal. “So what’s left of this case? Petitioners have gotten all the relief they sought,” said Justice Ruth Bader Ginsburg, on the bench for the first time since a recent two-night hospital stay.


Bolivians urge US court to restore $10M verdict on killings
Court News | 2019/11/19 19:29
Bolivians asked a U.S. appeals court Tuesday to restore a $10 million jury verdict against a former president and defense minister of the South American nation over killings by security forces during 2003 unrest there.

Lawyers for a group of indigenous Bolivians told a three-judge panel of the 11th U.S. Circuit Court of Appeals that a Florida judge was wrong to set aside last year's verdict.

The jury found against former Bolivian President Gonzalo "Goni" Sanchez de Lozada and former defense minister, Jose Carlos Sanchez Berzain. Both have been living in the U.S. after fleeing Bolivia in 2003.

We have faith that the court of appeals will see what the Bolivian people and the American jury also saw: that Goni and Sánchez Berzaín are responsible for these killings, and that justice must be done," said Teófilo Baltazar Cerro, a plaintiff whose pregnant wife Teodosia was shot and killed during the unrest.



Challenger accuses Supreme Court’s Kelly of corruption
Court News | 2019/11/16 19:30
Wisconsin Supreme Court challenger Jill Karofsky suggested Tuesday that Justice Daniel Kelly is corrupt because he repeatedly rules in favor of conservative groups, saying it makes no sense that the law could be on their side all the time.

Karofsky made the remarks at the candidates’ first debate. Karofsky and Kelly used the opportunity to paint each other as partisan and the third candidate, Ed Fallone, struggling to get a word in during their exchanges.

Kelly is part of the high court’s five-justice conservative majority. Karofsky went right at him as soon as the debate began, saying it’s “amazing” that a justice is being supported by right-wing special interest groups. Twice she implied that Kelly is corrupt, questioning why he repeatedly rules in conservative groups’ favor.

“What voters see is that you get support from special interests. You ignore the rule of law and you find in favor of those special interests over and over and over again, and that feels like corruption to people in the state of Wisconsin,” Karofsky said.

Kelly shot back that Karofsky scores the outcome of cases through a political lens. He said he applies the law fairly and uses hard logic to reach his decisions.


Court to hear arguments on Maryland political ads law
Court News | 2019/10/31 20:36
After revelations of Russian meddling in the 2016 presidential election, Maryland legislators passed a law that many believe has a laudable purpose: preventing foreign interference in local elections.

But its sweeping scope sparked a First Amendment outcry from more than a half dozen newspapers, including The Washington Post and The Baltimore Sun.

Now, a federal appeals court is being asked to decide whether the law goes too far. The 4th U.S. Circuit Court of Appeals is set to hear arguments in the case Wednesday.

The newspapers and the Maryland-Delaware-D.C. Press Association argue in a lawsuit that the statute violates the First Amendment because it requires them to collect and self-publish information about the sponsors of online political ads. It also requires them to keep records of the ads for inspection by the state Board of Elections.

U.S. District Judge Paul Grimm ruled in January that parts of the law appear to encroach on the First Amendment and granted a preliminary injunction to prevent the state from enforcing those provisions.

At issue is a requirement for online platforms to create a database identifying the purchasers of online political ads and how much they spend. The law, written to catch ads in smaller state and local elections, applies to digital platforms with 100,000 or more monthly U.S. visitors.



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