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Florida can’t bar felons who served their time from registering to vote
Headline Legal News | 2020/02/20 10:32
A federal appeals court has ruled that Florida cannot bar felons who served their time from registering to vote simply because they have failed to pay all fines and fees stemming from their cases.

A three-judge panel of the 11th U.S. Circuit Court of Appeals on Wednesday upheld a Tallahassee federal judge's decision that the law implementing Amendment 4 amounted to an unfair poll tax.

Amendment 4 was passed overwhelmingly by voters in 2018 to allow as many as 1.6 million ex-felons to regain their right to vote.

The Republican-led Legislature passed a law saying they had to pay any fines and fees first. GOP Gov. Ron DeSantis plans to ask the full 11th Circuit to reconsider the ruling.


Court fight over lost dog survives after dog's owner dies
Headline Legal News | 2020/02/09 19:01
A federal appeals court has ruled that a legal fight over a lost dog could continue in Mississippi, even after the dog's owner has died.

The dispute is over a German shepherd named Max who jumped out a window and escaped from his owner's Hattiesburg home in 2015. Max got loose when people were providing medical help to his owner, Charles Holt, who had fallen and could not get up.

Holt was more than 90 years old at the time. He was hospitalized after the fall. Max was captured weeks after he escaped, and he was impounded in an animal shelter. More weeks passed before Holt was notified that his dog was in the shelter, according to court papers. When Holt tried to reclaim his dog, the shelter refused, based on orders from the city.

A city court judge ordered the shelter to keep Max because the dog allegedly posed a threat to the people taking care of Holt. A county court judge later agreed with that decision.

Holt then filed a federal lawsuit saying the city had deprived him of his property, Max, without due process. A district court judge threw out his claim, and Holt appealed.

The 5th U.S. Circuit Court of Appeals ruled Wednesday that although Holt has died, questions about his property claim survive. The appeals court sent it back to a district court for the possibility of further consideration.



Supreme Court allows enforcement of new green card rule
Headline Legal News | 2020/01/26 11:06
A divided Supreme Court on Monday allowed the Trump administration to put in place new rules that could jeopardize permanent resident status for immigrants who use food stamps, Medicaid and housing vouchers.

Under the new policy, immigration officials can deny green cards to legal immigrants over their use of public benefits. The justices' order came by a 5-4 vote and reversed a ruling from the 2nd U.S. Circuit Court of Appeals in New York that had kept in place a nationwide hold on the policy following lawsuits against it.

The court's four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, voted to prevent the policy from taking effect.

Federal appeals courts in San Francisco and Richmond, Virginia, had previously overturned trial court rulings against the rules. An injunction in Illinois remains in effect but applies only to that state.

The lawsuits will continue, but immigrants applying for permanent residency must now show they wouldn't be public charges, or burdens to the country.

The new policy significantly expands what factors would be considered to make that determination, and if it is decided that immigrants could potentially become public charges later, that legal residency could be denied. Under the old rules, people who used non-cash benefits, including food stamps and Medicaid, were not considered public charges.


Supreme Court rejects fast-track review of health care suit
Headline Legal News | 2020/01/20 09:49
The Supreme Court refused Tuesday to consider a fast-track review of a lawsuit that threatens the Obama-era health care law, making it highly unlikely that the justices would decide the case before the 2020 election.

The court denied a request by 20 mainly Democratic states and the Democratic-led House of Representatives to decide quickly on a lower-court ruling that declared part of the statute unconstitutional and cast a cloud over the rest.

Defenders of the Affordable Care Act argued that the issues raised by the case are too important to let the litigation drag on for months or years in lower courts, and that the 5th U.S. Circuit Court of Appeals in New Orleans erred when it struck down the health law's now toothless requirement that Americans have health insurance.

The justices did not comment on their order. They will consider the appeal on their normal timetable and could decide in the coming months whether to take up the case.


Mother of Supreme Court Chief Justice Roberts dies at age 90
Headline Legal News | 2020/01/03 09:31
Rosemary Roberts, the mother of Supreme Court Chief Justice John Roberts, has died. She was 90. A spokeswoman for the court said Rosemary Roberts died Saturday. Roberts was born Rosemary Podrasky in Johnstown, Pennsylvania, and married John G. Roberts Sr. in 1952, according to an obituary published in The Tribune-Democrat.

She worked in Pennsylvania and New York as a customer service representative for A&P supermarkets and the Bell Telephone Company, according to the obituary.

The family moved around over the years for Roberts Sr.’s job at Bethlehem Steel Corp. and lived in New York, Indiana, Pennsylvania and Maryland. They later moved to Ohio and South Carolina for other business opportunities and for retirement.

Rosemary Roberts participated in local religious and charitable organizations and served as a hospital and library volunteer, the obituary said. She and her husband moved to Maryland in 2001 to be closer to their family.

Their son, John Roberts, was nominated in 2005 by President George W. Bush to be chief justice of the Supreme Court. He replaced the late William Rehnquist.

Rosemary Roberts is survived by four children, six grandchildren and one great-grandchild. Her husband died in 2008 after a long illness.


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