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Court overturns Calif. slaughterhouse law
Legal Topics |
2012/01/23 18:23
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The Supreme Court on Monday blocked a California law that would require euthanizing downed livestock at federally inspected slaughterhouses to keep the meat out of the nation's food system.
The high court ruled that the state's 2009 state law was blocked from going into effect by federal law administered by the Agriculture Department's Food Safety and Inspection Service. .
Federal law "precludes California's effort ... to impose new rules, beyond any the FSIS has chosen to adopt, on what a slaughterhouse must do with a pig that becomes non-ambulatory during the production process," said Justice Elena Kagan, who wrote the court's unanimous opinion.
California strengthened regulations against slaughtering so-called "downer" animals after the 2008 release of an undercover Humane Society video showing workers abusing cows at a Southern California slaughterhouse. Under California law, the ban on buying, selling and slaughter of "downer" cattle also extends to pigs, sheep and goats.
But pork producers sued to stop the law, saying the new law interfered with federal laws that require inspections of downed livestock before determining whether they can be used for meat. |
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US high court: warrant needed for GPS tracking
Headline Legal News |
2012/01/23 18:22
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The U.S. Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects.
The ruling represents a serious complication for law enforcement nationwide, which increasingly relies on high tech surveillance of suspects, including the use of various types of satellite technology.
A GPS device installed by police on Washington nightclub owner Antoine Jones' Jeep helped them link him to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction.
Associate Justice Antonin Scalia said that the government's installation of a GPS device, and its use to monitor the vehicle's movements, constitutes a search, meaning that a warrant is required. |
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Court throws out judge-drawn Texas electoral maps
Legal Topics |
2012/01/21 18:09
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The Supreme Court on Friday threw out electoral maps drawn by federal judges in Texas that favored minorities. The decision ultimately could affect control of the U.S. House of Representatives and leaves the fate of Texas' April primaries unclear.
The justices ordered the three-judge court in San Antonio to come up with new plans that pay more attention to maps created by Texas' Republican-dominated state Legislature. All four of the state's new congressional seats could swing based on the outcome.
But the Supreme Court did not compel the use of the state's maps in this year's elections, as Texas wanted. Only Justice Clarence Thomas said he would have gone that far.
The court's unsigned opinion thus did not blaze any new trails in election law or signal retreat from a key provision of the Voting Rights Act, as some supporters of the law feared would result from this case.
Still, the outcome appeared to favor Republicans by instructing the judges to stick more closely to what the Legislature did, said election law expert Richard Hasen, a professor at the University of California, Irvine, law school. |
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Colo. court weighs energy leases near Utah parks
Areas of Focus |
2012/01/20 18:09
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A federal appeals court must decide if the Obama administration gave energy companies sufficient notice that it was scrapping oil and gas leases auctioned off near national parks in Utah in the closing days of the Bush presidency.
The sale near Arches and Canyonlands national parks and Dinosaur National Monument was protested by environmentalists, including Robert Redford, and prompted an act of civil disobedience by a University of Utah student who entered the bidding and drove up prices.
Energy companies are trying to win back the leases and asked the 10th Circuit Court of Appeals in Denver on Thursday to reconsider whether a news conference by Interior Secretary Ken Salazar soon after President Barack Obama took office counts as public notice of his final decision.
The government argues that the Feb. 4, 2009, announcement and an internal memo two days later served as notice. The energy companies claim that the new administration didn't follow typical notification procedures and that the decision wasn't final until the Bureau of Land Management carried out Salazar's decision on Feb. 12, 2009. |
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Court lets telemarketers be sued in federal court
Areas of Focus |
2012/01/18 18:06
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The Supreme Court is keeping telemarketers and other businesses on the hook for nuisance phone calls, letting those annoyed by the disruptions sue in federal as well as state courts.
The high court's decision Wednesday involves a lawsuit claiming a debt collector harassed a man with repeated recorded calls.
Marcus Mims of Fort Lauderdale, Fla., said he kept getting the calls from Arrow Financial Services LLC, which was trying to collect a student loan debt for Sallie Mae. He sued for violations of the Telephone Consumer Protection Act, passed by Congress to ban invasive telemarketing practices.
Mims' lawsuit was thrown out by the 11th U.S. Circuit Court of Appeals, which said that Congress did not explicitly give permission for federal lawsuits in the Telephone Consumer Protection Act, although the law does say people can file in state courts. Other federal courts ruled differently and let lawsuits move forward.
The high court said in a unanimous opinion that federal lawsuits are allowed under the law. |
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Pacman Jones pleads guilty to disorderly conduct
Headline Legal News |
2012/01/18 18:05
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Cincinnati Bengals cornerback Adam "Pacman" Jones pleaded guilty Wednesday to a misdemeanor charge of disorderly conduct.
Jones entered the plea in Hamilton County Municipal Court just as his non-jury trial was scheduled to begin. A second misdemeanor charge of resisting arrest was dismissed in a plea agreement with prosecutors.
Judge Brad Greenberg ordered Jones to serve a year of probation, complete 50 hours of community service and pay a $250 fine plus court costs. Jones could have received a maximum jail sentence of 30 days.
Jones, 28, was accused in court documents of being disorderly, shouting profanities and trying to pull away as officers arrested him at a downtown bar in July.
At the time, Jones was on probation in Las Vegas in connection with a 2007 no contest plea to a strip club melee that left three people wounded. He was ordered in November to perform an additional 75 hours of community service for violating that probation with the Cincinnati arrest. |
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Court rejects appeals in student speech cases
Headline Legal News |
2012/01/17 20:10
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The U.S. Supreme Court has passed up a pair of cases for the online age — whether schools may censor students who are at home when they create online attacks against school officials and other students.
The justices on Tuesday rejected appeals from Pennsylvania and West Virginia involving questions about the limits on criticism from students and where the authority of school officials ends.
The high court decision left standing lower court rulings that two Pennsylvania students cannot be disciplined at school for parodies of their principals that they created on home computers and posted online.
In the West Virginia case, an appeals court upheld the suspension of a student who created a web page that suggested another student had a sexually transmitted disease, and invited classmates to comment.
Lawyers on both sides were disappointed the high court chose not to step into the fray over student speech posted online, as federal court judges have issued a broad range of opinions on the subject. |
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