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Federal horserace authority rules again blocked in 2 states
Headline Legal News | 2022/08/11 11:00
A national horse racing authority has again been blocked by a federal court from enforcing some of its rules in the states of Louisiana and West Virginia.

A north Louisiana federal judge last month had blocked the Horseracing Integrity and Safety Authority from enforcing its rules in the two states.

That ruling was put on hold last week by the 5th U.S. Circuit Court of Appeals. But a revised ruling this week from the New Orleans-based appeals court keeps some of the limits on enforcement in place.

Rules blocked under the latest court order deal with the authority’s access to racetrack records and facilities, the calculation of state fees paid to the authority, and definitions of which horses are covered by the regulations.

The appeals court on Wednesday set arguments in the case for Aug. 30.

State and racing officials in Louisiana and West Virginia had sued to prevent the rules from going into effect.



Construction to begin on roadway, but legal fight remains
Headline Legal News | 2022/06/20 12:43
Construction is scheduled to begin this week on a long-planned road project in the south end of Burlington, Mayor Miro Weinberger said.

The comments came after a federal judge lifted an order that blocked work on the first phase of what is known as the Champlain Parkway.

The first phase of construction will include tree removal and work to protect a brook running through the area.

Opponents say the project does not match current transportation needs and will harm residents in one of the city’s poorest neighborhoods.

In the Friday order, U.S. District Court Judge Geoffrey Crawford said beginning construction of the parkway would not cause irreparable harm to those who oppose the project and there will be time to address in court those underlying issues.

The Champlain Parkway is designed to be a two-lane road that will eventually connect Interstate 189 with downtown Burlington.

The $45 million, two-mile (three-kilometer) project is designed to improve traffic circulation, alleviate overburdened roadways, protect Lake Champlain through enhanced storm water management, and improve vehicular, bike, and pedestrian safety.


Kansas Supreme Court upholds Republican congressional map
Headline Legal News | 2022/05/18 12:34
Kansas’ highest court on Wednesday upheld a Republican redistricting law that makes it harder for the only Democrat in the state’s congressional delegation to win reelection in a big victory for the GOP.

The state Supreme Court declined for now to declare that overly partisan gerrymandering violates the Kansas Constitution. The ruling sets district boundaries less than a month before the state’s June 10 filing deadline for congressional candidates.

The court’s opinion was two paragraphs long, saying only that the voters and voting rights group challenging the map “have not prevailed on their claims” that the map violated the state constitution and that a full opinion would come later.

The brief decision was written by Justice Caleb Stegall, who is seen as the most conservative of the court’s seven justices, five of whom were appointed by Democratic governors. During arguments from attorneys on Monday, he questioned whether anyone could clearly define improper partisan gerrymandering.

Lawsuits over new congressional district lines have proliferated across the U.S., with Republicans looking to recapture a U.S. House majority in this year’s midterm elections. Congressional maps in at least 17 states have inspired lawsuits, according to the nonpartisan Brennan Center for Justice.

In the past, congressional district lines have been reviewed by federal judges and not the state Supreme Court. The conservative-leaning U.S. Supreme Court ruled in a 5-4 decision in 2019 that complaints about partisan gerrymandering are political issues and not for the federal courts to resolve.

The state’s Republican-appointed solicitor general argued in defending the GOP-drawn map that because the state constitution doesn’t specifically mention gerrymandering or congressional redistricting, the Kansas Supreme Court should reject the legal challenges. He and other state officials said that the justices had no guidance on how to define improper political gerrymandering.


Mexico high court OKs preference for state power plants
Headline Legal News | 2022/04/04 14:51
Mexico’s Supreme Court deemed constitutional Thursday a controversial energy law pushed by President Andrés Manuel López Obrador that gives government-owned power plants preference over private competitors.

The law took effect in March 2021, but a number of private energy companies sought injunctions blocking enforcement. With the law ruled constitutional, the injunctions will now have to be resolved.

The law establishes that electricity must be bought first from government power plants, which use primarily coal, oil and diesel to produce energy. If demand requires it, additional electricity could be purchased from private wind, solar and natural gas plants.

Jesús Ramírez, presidential spokesman, celebrated the court’s decision. “History will judge those who betray the country and the interests of Mexican people,” he said via Twitter.

Critics, including the United States government, maintain the law will undermine competition in the sector, hurt the environment and violate free trade agreements.



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.


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