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Federal court upholds Texas open meetings law
Court News | 2012/09/27 16:43
A federal appeals court has upheld Texas' open meetings law as constitutional, rejecting a lawsuit that argued it stifled free speech for government officials.

The 1967 Texas Open Meetings Act prohibits a quorum of members of a governmental body from deliberating in secret. Violations are punishable by up to six months in jail and a $500 fine.

Officials from a group of 15 Texas cities, including Alpine, Arlington and Houston suburb Sugar Land, challenged the law in 2009. A U.S. district judge ruled against them, prompting an appeal the New Orleans-based 5th U.S. Circuit Court of Appeals.

A three-judge panel ruled Tuesday that the law promotes disclosure of speech and does not restrict it.

Texas Attorney General Greg Abbott called the decision a victory for open government.


Federal court rejects GOP-drawn Texas voting maps
Court News | 2012/08/29 12:09
Stadiums and hospitals removed from the districts of black congressional members and country clubs newly drawn into those of white incumbents. A lawyer emailing "No bueno" to a Republican staffer about plans that risked leaving a paper trail and jeopardizing the legality of a voting map.

Those were among the evidence a Washington federal court used to determine that Texas Republican lawmakers discriminated against minorities while drawing new political boundaries, throwing out the maps as violations of the Voting Rights Act but likely not in time to affect the November elections.

The decision Tuesday by the U.S. District Court for the District of Columbia is instead likely to reverberate in 2014, when some Texans could find their congressional and statehouse districts changed for the third time in five years.

The long-awaited ruling was hailed as a sweeping victory by minority rights groups that sued the state after the Republican-controlled Legislature pushed through new redistricting maps last year. Texas Attorney General Greg Abbott called the decision "flawed" and vowed to appeal to the U.S. Supreme Court.



Judge won't halt Pa. voter identification law
Court News | 2012/08/15 11:19
A tough new voter identification law championed by Republicans can take effect in Pennsylvania for November's presidential election, a judge ruled Wednesday, despite a torrent of criticism that it will suppress votes among President Barack Obama's supporters and make it harder for the elderly, disabled, poor and young adults to vote.

Commonwealth Court Judge Robert Simpson said he would not grant an injunction that would have halted the law, which requires each voter to show a valid photo ID. Opponents are expected to file an appeal within a day or two to the state Supreme Court as the Nov. 6 election looms.

"We're not done, it's not over," said Witold J. Walczak, an American Civil Liberties Union lawyer who helped argue the case for the plaintiffs. "It's why they make appeals courts."

The Republican-penned law — which passed over the objections of Democrats — has ignited a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest. Plaintiffs, including a 93-year-old woman who recalled marching with Martin Luther King Jr. in 1960, had asked Simpson to block the law from taking effect in this year's election as part of a wider challenge to its constitutionality.

Republicans defend the law as necessary to protect the integrity of the election. But Democrats say the law will make it harder for people who lack ID for valid reasons to vote.



New DC drunken driving law to take effect
Court News | 2012/08/02 17:07
A new law that toughens penalties for drunken driving in the nation's capital takes effect Wednesday, but the city's police department still is not using breath tests on suspected drunken drivers more than a year after the tests were suspended.

The new law, which was approved by the D.C. Council and signed by Mayor Vincent Gray earlier this summer. It doubles mandatory minimum jail terms for people with blood-alcohol concentrations of .20 percent or higher and establishes a blood-alcohol limit of .04 percent for commercial drivers, including taxi drivers.

The law also establishes new oversight for the district's breath-testing program. But there's still no timetable to the resumption of breath tests, which D.C. police stopped using in February 2011 in the wake of revelations that their breath-testing devices had produced inaccurate results. Police have been using urine and blood tests instead.

A year earlier, District of Columbia officials had notified defense lawyers about nearly 400 drunken-driving convictions that relied, at least party, on inaccurately calibrated blood-alcohol tests.

More than two dozen people sued the district over convictions based on those flawed tests, and the district Attorney General's office said Tuesday that all the outstanding lawsuits had been settled. The district paid a total of $136,000 to 17 plaintiffs, with individuals receiving between $2,000 and $42,000, said Jeffrey Rhodes, a lawyer for the plaintiffs.


Pa.'s tough, new voter ID law heads to court
Court News | 2012/07/27 11:54
The first legal test for Pennsylvania's tough new voter identification law is arriving.

A state Commonwealth Court judge will begin a hearing Wednesday on whether to block the law from taking effect in this year's election while the court considers a challenge to its constitutionality.

The hearing could last a week.

The law is the subject of a furious debate over voting rights as Pennsylvania is poised to play a key role in deciding the presidential contest in the Nov. 6 election.

Republicans say it's necessary to prevent fraud. But Democrats say it's an election-year scheme to steal the White House and contend that there's no track record of fraud that it would prevent.

Republican Gov. Tom Corbett signed the law in March without a single Democratic lawmaker supporting it.


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