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Kansas AG asking judge to dismiss redistricting lawsuits
Headline Legal News | 2022/03/09 09:54
Attorney General Derek Schmidt is asking a Wyandotte County judge to dismiss two lawsuits filed over new Kansas congressional district lines enacted by Republican lawmakers.

Schmidt’s request Monday came three days after the Kansas Supreme Court refused to dismiss the lawsuits and another in Douglas County at the Republican attorney general’s request.

Democrats and the voting-rights group Loud Light argue that the congressional redistricting law enacted over Democratic Gov. Laura Kelly’s veto represents partisan and racial gerrymandering. They say it violates the Kansas Constitution. They’re suing Secretary of State Scott Schwab and county election officials because they would administer the new law.

The map makes it harder for the only Kansas Democrat in Congress, Rep. Sharice Davids, to get reelected in her Kansas City-area district.

Schmidt and fellow Republicans argue that the new map isn’t gerrymandering and even if it were, state courts have no power under the Kansas Constitution to rule on congressional districts.


Democrats sue to overturn new Kansas congressional districts
Headline Legal News | 2022/02/14 14:01
Democrats sued Kansas officials on Monday over a Republican redistricting law that costs the state’s only Democrat in Congress some of the territory in her Kansas City-area district that she carries by wide margins in elections.

A team of attorneys led by Democratic attorney Marc Elias’ firm filed the lawsuit in Wyandotte County District Court in the Kansas City area. Elias has been involved in lawsuits in multiple states, including Georgia, North Carolina and Ohio, and he promised that the new Kansas map would be challenged when the GOP-controlled Legislature on Wednesday overrode Democratic Gov. Laura Kelly’s veto of it.

The lawsuit was filed on behalf of five voters and a Kansas voting-rights group, Loud Light. The defendants are the elections commissioner for Kansas City, Kansas, and Kansas Secretary of State Scott Schwab, the state’s top elections official.

Kansas is part of a broader national battle over redrawing congressional districts. Republicans hope to recapture a U.S. House majority in this year’s elections, and both parties are watching states’ redistricting efforts because they could help either pick up or defend individual seats.

The Kansas redistricting law removes the northern part of Kansas City, Kansas, from the 3rd District that U.S. Rep. Sharice Davids represents and puts it in the neighboring 2nd District, which includes the state capital of Topeka but also rural communities across eastern Kansas. Kansas City is among Republican-leaning Kansas’ few Democratic strongholds.

Elias has said the GOP map for Kansas is “blatantly unconstitutional.” Democrats argued that it amounts to partisan gerrymandering aimed at costing Davids’ her seat, while diluting the clout of Black and Hispanic voters by cutting their numbers in her district. They also have argued that the map is unacceptable because it fails to keep the core of the state’s side of the Kansas City area in a single district.


Temple prof seeks reinstatement of damage claims against FBI
Headline Legal News | 2022/02/10 10:31
A Temple University physics professor who was charged with sharing scientific technology with China only for the case to collapse before trial and be dismissed by the Justice Department asked a federal appeals court on Monday to reinstate his clams for damages against the U.S. government.

Lawyers for Xiaoxing Xi and his wife say in a brief filed Monday with a Philadelphia-based appeals court that a judge erred last year when he dismissed most of the claims in their federal lawsuit. They assert that the FBI agent who led the investigation “intentionally, knowingly or recklessly” made false statements and misrepresented evidence so that prosecutors could get an indictment.

“When law enforcement agents abuse the legal process by obtaining indictments and search warrants based on misrepresentations or by fabricating evidence, it undermines the legitimacy of the courts,” Xi’s legal team, which includes lawyers from the American Civil Liberties Union, wrote in the brief.


US sanctions Myanmar judiciary officials on coup anniversary
Headline Legal News | 2022/01/31 12:20
The Biden administration on Monday slapped sanctions on top members of Myanmar’s judiciary and one of its main revenue-producing ports over rights abuses since last year’s coup.

The sanctions on the country’s attorney general, supreme court chief justice and others were announced by the Treasury and State Departments to coincide with the one-year anniversary of the February 2021 coup, which replaced a civilian-led government with a military regime.

The penalties freeze any assets that those targeted may have in U.S. jurisdictions and bar Americans from doing business with them and are to be complemented by similar measures from Britain and Canada.

“One year after the coup, the United States, along with allies in the United Kingdom and Canada, stands with the people of Burma as they seek freedom and democracy,” Treasury said in a statement using the country’s alternate name. “We will continue to target those responsible for the coup and ongoing violence, enablers of the regime’s brutal repression, and their financial supporters.”

Among the judiciary, the new sanctions apply to Attorney General Thida Oo, Supreme Court chief justice Tun Tun Oo, and Tin Oo, the chairman of the Myanmar’s anti-corruption commission. The sanctions also hit the KT Services and Logistics Company, which operates a major port in Myanmar’s economic hub of Yangon, and its CEO as well as the procurement department of the country’s defense ministry.

“The United States will continue to work with our international partners to address human rights abuses and press the regime to cease the violence, release all those unjustly detained, allow unhindered humanitarian access, and restore Burma’s path to democracy,” Secretary of State Antony Blinken said.


Judge sides with Alaska attorney who alleged wrongful firing
Headline Legal News | 2022/01/21 10:13
A U.S. judge sided Thursday with an attorney who alleged she was wrongly fired by the state of Alaska over political opinions expressed on a personal blog.

U.S. District Court Judge John Sedwick ruled that Elizabeth Bakalar’s December 2018 firing violated her free speech and associational rights under the U.S. and state constitutions.

According to Sedwick’s decision, Bakalar was an attorney with the Alaska Department of Law who handled election-related cases and was assigned to advise or represent state agencies in high-profile or complex matters. She began a blog in 2014 that focused on issues such as lifestyle, parenting and politics but began blogging more about politics and then-President Donald Trump after his 2016 election. She also commented about Trump on Twitter, with her name listed as the Twitter handle, the order says.

Shortly after Republican Gov. Mike Dunleavy’s election in 2018, the chair of his transition team and later his chief of staff, Tuckerman Babcock, sent a memo to a broad swath of state employees requesting they submit their resignations along with a statement of interest in continuing to work for the new administration. The request was derided by attorneys for Bakalar and others as a demand for a “loyalty pledge.”

“To keep their jobs employees had to actually offer up a resignation with an accompanying statement of interest in continuing with the new administration and then hope that the incoming administration would reject the resignation,” Sedwick wrote.

Babcock said he fired Bakalar because he considered the tone of her resignation letter to be unprofessional, the order says. But Sedwick said Babcock did not accept the resignation of an assistant attorney general who used the same wording he had found objectionable when used by Bakalar.

While every lawyer in the Department of Law received the memo, just two — Bakalar and another attorney who had been critical of Trump on social media — had their resignation letters accepted, according to Sedwick’s decision.


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