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Wisconsin Supreme Court orders new legislative maps in redistricting case
Legal Business |
2023/12/24 20:38
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The liberal-controlled Wisconsin Supreme Court overturned Republican-drawn legislative maps on Friday and ordered that new district boundary lines be drawn as Democrats had urged in a redistricting case they hope will weaken GOP majorities.
The ruling comes less than a year before the 2024 election in a battleground state where four of the six past presidential elections have been decided by fewer than 23,000 votes, and Republicans have built large majorities in the Legislature under maps they drew over a decade ago.
The court ruled 4-3 in favor of Democrats who argued that the legislative maps are unconstitutional because districts drawn aren’t contiguous. New maps are likely to be unveiled in about two months.
“Because the current state legislative districts contain separate, detached territory and therefore violate the constitution’s contiguity requirements, we enjoin the Wisconsin Elections Commission from using the current legislative maps in future elections,” Justice Jill Karofksy wrote for the majority.
Democratic Gov. Tony Evers hailed the ruling, saying he looked forward to submitting proposed maps for the court to review.
“And I remain as optimistic as ever that, at long last, the gerrymandered maps Wisconsinites have endured for years might soon be history,” he said.
Dan Lenz, an attorney for Law Forward, which brought the lawsuit, called the ruling “a victory for a representative democracy in the state of Wisconsin.”
“For too long, rightwing interests have rigged the rules without any consequences,” he said in a statement. “Gerrymandered maps have distorted the political landscape, stifling the voice of the voters. It challenges the very essence of fair representation and erodes confidence in our political system.”
Republican Assembly Speaker Robin Vos called it “a sad day for our state” and suggested it would be appealed, saying the U.S. Supreme Court would have the final say.
The Wisconsin Supreme Court said it will proceed with adopting remedial maps in time for the 2024 election unless the Republican-controlled Legislature can pass maps that Evers will sign. Evers vetoed the current maps.
The court appointed two consultants who already had a hand in reshaping districts in other states.
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Google to pay $700 million to US states, consumers in app store settlement
Legal Business |
2023/12/19 05:32
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Google has agreed to pay $700 million and make several other concessions to settle allegations that it had been stifling competition against its Android app store — the same issue that went to trial in another case that could result in even bigger changes.
Although Google struck the deal with state attorneys general in September, the settlement’s terms weren’t revealed until late Monday in documents filed in San Francisco federal court. The disclosure came a week after a federal court jury rebuked Google for deploying anticompetitive tactics in its Play Store for Android apps.
The settlement with the states includes $630 million to compensate U.S. consumers funneled into a payment processing system that state attorneys general alleged drove up the prices for digital transactions within apps downloaded from the Play Store. That store caters to the Android software that powers most of the world’s smartphones.
Like Apple does in its iPhone app store, Google collects commissions ranging from 15% to 30% on in-app purchases — fees that state attorneys general contended drove prices higher than they would have been had there been an open market for payment processing. Those commissions generated billions of dollars in profit annually for Google, according to evidence presented in the recent trial focused on its Play Store.
Eligible consumers will receive at least $2, according to the settlement, and may get additional payments based on their spending on the Play store between Aug. 16, 2016 and Sept. 30, 2023. The estimated 102 million U.S. consumers who made in-app purchases during that time frame are supposed to be automatically notified about various options for how they can receive their cut of the money.
Another $70 million of the pre-trial settlement will cover the penalties and other costs that Google is being forced to pay to the states.
Although Google is forking over a sizeable sum, it’s a fraction of the $10.5 billion in damages that the attorneys general estimated the company could be forced to pay if they had taken the case to trial instead of settling.
Google also agreed to make other changes designed to make it even easier for consumers to download and install Android apps from other outlets besides its Play Store for the next five years. It will refrain from issuing as many security warnings, or “scare screens,” when alternative choices are being used.
The makers of Android apps will also gain more flexibility to offer alternative payment choices to consumers instead of having transactions automatically processed through the Play Store and its commission system. Apps will also be able to promote lower prices available to consumers who choose an alternate to the Play Store’s payment processing.
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Brazil's Senate approves Lula ally as new Supreme Court justice
Legal Topics |
2023/12/14 16:29
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Brazil’s Senate approved the appointment of Justice Minister Flávio Dino on Wednesday to take a seat on the country’s Supreme Court.
Dino, a former leftist state governor who cracked down on supporters of former President Jair Bolsonaro after they rampaged through government buildings last January, was approved for the court of 11 justics on a vote of 47-31.
The vote, which came after a full day of speeches by senators in a divisive hearing, underscored that the opposition led by the rightist Bolsonaro is not strong enough to block the agenda of his leftist successor, President Luiz Inácio Lula da Silva. Dino will replace former Chief Justice Rosa Maria Weber, who stepped down in September after turning 75, the age limit for the nation’s Supreme Court justices.
Dino, who was a federal judge for 12 years before starting his political career, governed Brazil’s northeastern state of Maranhao in 2015-2023. His decisions to impose curfews and movement restrictions during the pandemic made him an antagonist of Bolsonaro, who argued against strict measures against COVID-19.
“He is one of the few Brazilians who has had jobs in the executive, the legislative and the judiciary,” Sen. Weverton Rocha said before the vote. “He clearly suits the supreme court well. He knows how to behave in every role he has had.”
Sen. Magno Malta, an evangelical leader and staunch Bolsonaro supporter, voted against the appointment over Dino’s past in the country’s communist party and as a former member of the Brazilian Socialist Party.
Dino is the second Supreme Court justice appointed by Lula, who is in his third term as president, who also was in the top post in 2003-2010. Cristiano Zanin, once Lula’s lawyer, was approved to join the court in July on a 58-18 vote in the Senate.
Feminist activists have criticized Lula for not naming a woman to replace Weber on the high court. Its only female member now is Justice Carmen Lúcia.
Senators also approved Paulo Gonet as Brazil’s prosecutor-general on a 65-11 vote. He will replace Bolsonaro-appointee Augusto Aras. |
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Texas Supreme Court blocks Kate Cox's emergency abortion approval
Headline Legal News |
2023/12/10 17:02
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The Texas Supreme Court on Friday night put on hold a judge’s ruling that approved an abortion for a pregnant woman whose fetus has a fatal diagnosis, throwing into limbo an unprecedented challenge to one of the most restrictive bans in the U.S.
The order by the all-Republican court came more than 30 hours after Kate Cox, a 31-year-old mother of two from the Dallas area, received a temporary restraining order from a lower court judge that prevents Texas from enforcing the state’s ban in her case.
In a one-page order, the court said it was temporarily staying Thursday’s ruling “without regard to the merits.” The case is still pending.
“While we still hope that the Court ultimately rejects the state’s request and does so quickly, in this case we fear that justice delayed will be justice denied,” said Molly Duane, an attorney at the Center for Reproductive Rights, which is representing Cox.
Cox’s attorneys have said they will not share her abortion plans, citing concerns for her safety. In a filing with the Texas Supreme Court on Friday, her attorneys indicated she was still pregnant.
Cox was 20 weeks pregnant this week when she filed what is believed to be the first lawsuit of its kind since the landmark U.S. Supreme Court ruling last year that overturned Roe v. Wade. The order issued Thursday only applied to Cox and no other pregnant Texas women.
Cox learned she was pregnant for a third time in August and was told weeks later that her baby was at a high risk for a condition known as trisomy 18, which has a very high likelihood of miscarriage or stillbirth and low survival rates, according to her lawsuit.
Furthermore, doctors have told Cox that if the baby’s heartbeat were to stop, inducing labor would carry a risk of a uterine rupture because of her two prior cesareans sections, and that another C-section at full term would would endanger her ability to carry another child.
Republican Texas Attorney General Ken Paxton argued that Cox does not meet the criteria for a medical exception to the state’s abortion ban, and he urged the state’s highest court to act swiftly.
“Future criminal and civil proceedings cannot restore the life that is lost if Plaintiffs or their agents proceed to perform and procure an abortion in violation of Texas law,” Paxton’s office told the court.
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Peru court orders imprisoned ex-President Fujimori's 'immediate' release
Attorney News |
2023/12/06 16:40
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Peru’s constitutional court ordered an immediate humanitarian release Tuesday for imprisoned former President Alberto Fujimori, 85, who was serving a 25-year sentence in connection with the death squad slayings of 25 Peruvians in the 1990s.
The court ruled in favor of a 2017 pardon that had granted the former leader a release on humanitarian grounds but that later was annulled.
In a resolution seen by The Associated Press, the court told the state prisons agency to immediately release Fujimori “on the same day.”
Fujimori was sentenced in 2009 to 25 years in prison on charges of human rights abuses. He had been accused of being the mastermind behind the slayings of 25 Peruvians by a military death squad during his administration from 1990 to 2000, while the government fought the Shining Path communist rebels.
Fujimori’s 2017 pardon granted by then-President Pablo Kuczynski was annulled under pressure from the Inter-American Court of Human Rights, and its status was the subject of legal wrangling since then.
The constitutional court previously had ordered a lower court in the southern city of Ica to release Fujimori, but that court declined to do so, arguing in ruling last Friday that it lacked the authority. It returned the matter instead to the constitutional court.
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Court affirms actor Jussie Smollett’s convictions and jail sentence
Legal Business |
2023/12/02 08:18
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An appeals court upheld the disorderly conduct convictions Friday of actor Jussie Smollett, who was accused of staging a racist, homophobic attack against himself in 2019 and lying about it to Chicago police.
Smollett, who appeared in the TV show “Empire,” challenged the role of a special prosecutor, jury selection, evidence and many other aspects of the case. But all were turned aside in a 2-1 opinion from the Illinois Appellate Court.
Smollett had reported to police that he was the victim of a racist and homophobic attack by two men wearing ski masks. The search for the attackers soon turned into an investigation of Smollett himself, leading to his arrest on charges he had orchestrated the whole thing.
Authorities said he paid two men whom he knew from work on “Empire,” which filmed in Chicago. Prosecutors said Smollett told the men what slurs to shout, and to yell that he was in “MAGA Country,” a reference to Donald Trump’s presidential campaign slogan.
A jury convicted Smollett in 2021 on five felony counts of disorderly conduct, a charge that can be filed in Illinois when a person lies to police.
He now will have to finish a 150-day stint in jail that was part of his sentence. Smollett spent just six days in jail while his appeal was pending.
Lawyers for Smollett, who is Black and gay, have publicly claimed that he was the target of a racist justice system and people playing politics. “We are preparing to escalate this matter to the Supreme Court,” Smollett spokeswoman Holly Baird said, referring to Illinois’ highest court and also noting that the opinion at the appellate court wasn’t unanimous.
Appellate Justice Freddrenna Lyle would have thrown out the convictions. She said it was “fundamentally unfair” to appoint a special prosecutor and charge Smollett when he had already performed community service as part of a 2019 deal with Cook County prosecutors to close the case. |
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New Mexico Supreme Court upholds Democratic-drawn congressional map
Legal Business |
2023/11/28 15:51
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The New Mexico Supreme Court upheld a Democratic-drawn congressional map that divvied up a conservative, oil-producing region and reshaped a swing district along the U.S. border with Mexico, in an order published Monday.
All five justices signed a shortly worded order to affirm a lower court decision that the redistricting plan enacted by Democratic state lawmakers in 2021 succeeded in substantially diluting votes of their political opponents — but that the changes fell short of “egregious” gerrymandering.
The Republican Party argued unsuccessfully that the new district boundaries would entrench Democratic officials in power, highlighting the 2022 defeat of incumbent GOP Congresswoman Yvette Herrell by Democratic U.S. Rep. Gabe Vasquez.
Democratic state lawmakers argued that the 2nd District in southern New Mexico remains competitive, with just a 0.7% margin of victory in the 2022 election.
The district is one of about a dozen in the national spotlight as Republicans campaign to keep their slim U.S. House majority in 2024. Courts ruled recently in Alabama, Louisiana and Florida that Republican-led legislatures had unfairly diluted the voting power of Black residents. Legal challenges to congressional districts are also ongoing in Arkansas, Kentucky, South Carolina, Tennessee, Texas and Utah.
State Republican Party Chairman Steve Pearce said the legal outcome in New Mexico “leaned heavily on the closeness of the previous election” in which a “popular Republican incumbent” was defeated by a lesser-known rival.
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Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
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