Iowans vote to oust all three Supreme Court justices
Legal Topics | 2010/11/03 06:24

All three Iowa Supreme Court justices up for retention election have been ousted from the bench.

Around 54 percent of Iowans voted not to retain each of the three judges: Supreme Court Chief Justice Marsha Ternus and associate justices Michael J. Streit and David L. Baker. The campaign for the judges ouster was based on the court’s unanimous 2009 ruling that legalized same-sex marriage in Iowa.

There were 74 judges, including three Supreme Court justices, on the ballot Tuesday. Only the Supreme Court justices, however, came anywhere close to being removed from the bench.

The highly charged campaign featured more than $1 million in spending against the judges from national anti-gay organizations like the Mississippi-based American Family Association, Washington, D.C.-based Family Research Council, Arizona-based Alliance Defense Fund, Georgia-based Faith & Freedom Coalition and New Jersey-based National Organization for Marriage. The campaign culminated in a 20-city bus tour across Iowa.

The groups pushing for ouster promised that this was simply the first battle in a nationwide war against gay marriage and gay rights.

“If you rise up you will see states calling, other people from other states phoning and e-mailing and coming to find out how you did it because they too want to take their state back,” said Tamara Scott, of the Concerned Women of America’s Iowa chapter and a participant in the bus tour.

Despite the ouster of the judges, though, same-sex marriage continues to be legal in Iowa, and outgoing Democratic Gov. Chet Culver has the authority to appoint the judges’ successors.



Court Appoints Lawyer for Bernard Kilpatrick
Headline Legal News | 2010/11/03 06:24

It's the ongoing public corruption investigation that's led to charges against numerous city officials, including former Detroit Mayor Kwame Kilpatrick. It now appears his father could soon be at federal court, as well.

"The case looks like it's at a point where decisions have to be made both by the prosecutors and by Mr. Kilpatrick," said Peter Henning, a former federal prosecutor.

This time that Mr. Kilpatrick is Bernard Kilpatrick, the father of the disgraced former mayor.

Kwame Kilpatrick is already facing charges related to raiding the Kilpatrick Civic Fund, but now his father has asked for a federal defender - a sure sign he's in trouble, too.

"A target letter is often viewed as an invitation to someone to make contact with the government and explore the possibility of resolving the case," Henning said.

He said it's not clear what the charges would be against the elder Kilpatrick, who is long suspected of orchestrating pay-to-play deals involving city contracts. However, whatever money he might have made appears to be gone. Bernard Kilpatrick had to sign an affidavit of indigency to qualify for a court appointed attorney.



MPs ordered back to work by Iraq's Supreme Court
Legal Topics | 2010/10/25 20:45

Iraq's highest court has ordered the country's parliament back to work, in a ruling that could help break a seven-month deadlock in negotiations to form a new government.

The chief judge of the Federal Supreme Court, Midhat Mahmoud, said the court had ruled unconstitutional the parliament's failure to meet since June or to fulfil its duty to elect a speaker and a president.

The 325-member parliament elected in March has met only once, on June 14, for 18 minutes.

Advertisement: Story continues below The court's ruling has the potential to deepen the political crisis if the Iraqiya bloc, which won the most seats in the election, refuses to attend sessions.

''All members of parliament should abide by this decision,'' said Abdul Sattar al-Beeraqdar, a spokesman for the country's judiciary. ''It will be a constitutional breach if they don't.''

The ruling is in response to a case filed by a consortium of groups, backed by the Communist Party, against the acting speaker, Fouad Massoum.

Mr Massoum, a Kurd, said he would not disobey the order and expected to summon MPs to meet again within two weeks.



BP expected to pay Florida $20M for seafood inspections
Headline Legal News | 2010/10/25 20:43

Florida Agriculture Commissioner Charles Bronson says BP will pay his department $10 million to strengthen its inspection operations to ensure that seafood taken from Gulf of Mexico waters is safe to eat.

Bronson said Monday another $10 million from BP will be used for advertising to help restore public confidence in the safety of Gulf seafood. BP will pay the $20 million over a three year period.

The agreement with the British-based oil giant also provides for a three-year extension if state or federal waters bordering on Florida are closed because of lingering contaminants from the April well explosion that sent millions of gallons of crude into the Gulf until it was capped four months later.



Court won't hear appeal from Adelphia founders
Areas of Focus | 2010/10/04 16:29

The Supreme Court won't hear an appeal from a father and son who built Adelphia Communications into a cable television powerhouse and were convicted of fraud after it collapsed into bankruptcy.

The high court refused on Monday to hear an appeal from John and Timothy Rigas.

The Rigases were sent to prison after Adelphia collapsed in 2002. At the time, it was the country's fifth-largest cable TV company.

Prosecutors said John Rigas used it like a personal piggy bank, paying for expenses as small as massages and withdrawing $100,000 from the company whenever he wished.

The Rigases say the government should have turned over to them notes taken during prosecutorial interviews with some witnesses. They also say their prison sentences were too long.



Court won't speed challenge to MN disclosure law
Headline Legal News | 2010/10/04 16:29

A federal appeals court has declined to fast-track a challenge against a Minnesota law requiring disclosure of corporate political spending.

In an order Monday, the 8th Circuit Court of Appeals denied a motion to expedite the case, and it scheduled oral arguments for Jan. 11 in St. Louis, well after the election.

Minnesota Citizens Concerned for Life, the Taxpayers League of Minnesota and a travel company are trying to overturn the law on free-speech grounds.

U.S. District Judge Donovan Frank last month refused to block the state law.

The groups have also asked the 8th Circuit for an injunction to suspend enforcement of the disclosure law while their appeal is considered. The appeals court took that request under advisement.



Court won't get into battle between 2 USCs
Legal Topics | 2010/10/04 14:29

The Supreme Court won't decide who really owns the initials "SC" when it comes to college sports: the University of Southern California or the University of South Carolina.

The high court on Monday refused to hear an appeal from South Carolina, which wanted to trademark a baseball cap logo with the initials "SC."

The Trojans already have a trademark on a version of "SC" and say the Gamecocks' symbol looks too much like theirs. The California school says it has sold tens of millions of dollars of apparel with "SC" on it, while South Carolina only wanted to start using those initials on baseball caps in 1997.

Courts have rejected South Carolina's trademark.

The case is University of South Carolina v. University of Southern California, 09-1270.



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