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Court gives fertilizer dealers a reprieve from policy change
Areas of Focus |
2016/09/24 22:23
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A court ruling has given farm fertilizer dealers a reprieve from a federal policy change that some say would unfairly burden the industry.
The Occupational Safety and Health Administration policy change announced last year would regulate retail dealers of farm fertilizer such as anhydrous ammonia under the same standards as manufacturers. It came after a deadly explosion at a Texas plant in 2013.
The Agricultural Retailers Association and The Fertilizer Institute say the change would affect 3,800 fertilizer retailers nationwide, costing them more than $100 million. The two organizations sued a year ago.
The change was to take effect this coming Saturday. But a federal appeals court has ruled that OSHA can't implement it without going through a formal rule-making process.
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LA Supreme Court considers teen robber’s 99-year sentence
Areas of Focus |
2016/09/14 21:01
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Louisiana’s Supreme Court is considering whether recent U.S. Supreme Court rulings about juveniles convicted of murder mean a juvenile robber’s 99-year sentence is unconstitutional.
Alden Morgan is now 35. He was 17 years old when he held up a couple with their baby daughter.
The New Orleans Advocate reports that several justices noted that his punishment is much higher than the nation’s highest court would have allowed for second-degree murder.
The U.S. Supreme Court has found it unconstitutional to execute juveniles, to give them life sentences for most crimes, and — except in rare cases — to deny them a chance at parole for most killings.
Morgan’s case appears to be the first time that Louisiana’s high court has considered how those rulings may affect sentences for lesser offenses.
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Court to consider future of Alabama chief justice
Areas of Focus |
2016/08/04 20:35
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A court is considering whether suspended Alabama Chief Justice Roy Moore should lose his job for an order on gay marriage.
The Alabama Court of the Judiciary scheduled a hearing for Monday on judicial investigators' request to remove Moore from office.
Moore denies any wrongdoing and is asking the court to dismiss administrative charges filed earlier this year.
Moore is accused of violating court ethics with an administrative order to state probate judges saying Alabama laws against same-sex marriage remained in effect after the U.S. Supreme Court effectively legalized gay marriage.
Investigators with the Judicial Inquiry Commission are asking the court to oust Moore without a trial, but Moore opposes the request.
Both supporters and opponents of Moore are planning noontime rallies outside Alabama's main judicial building before the hearing.
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US Capitol plot suspect due in court for plea hearing
Areas of Focus |
2016/07/31 23:40
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An Ohio man accused of plotting to attack the U.S. Capitol in support of the Islamic State group is due in court for a change-of-plea hearing.
Christopher Lee Cornell, 22, has pleaded not guilty to charges stemming from his January 2015 arrest. A change-of-plea hearing notice was filed on Friday in U.S. District Court in Cincinnati. Such notices often signal plans to plead guilty.
U.S. District Judge Sandra Beckwith ruled in April that Cornell was competent to stand trial after his attorneys questioned his mental state.
FBI agents arrested Cornell in the parking lot of a gun shop near Cincinnati, saying he'd just bought two M-15 assault weapons and ammunition.
Cornell's father said his son was misled and coerced by "a snitch."
Charges of attempted murder of U.S. officials and employees and solicitation to commit a crime of violence carry potential 20-year prison sentences with convictions. A charge of offering material support to a terrorist organization carries a sentence of up to 15 years. Cornell also faces a firearms-related charge, which carries a mandatory minimum of five years and up to a maximum of life in prison.
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Appeals court delay requested in ex-Virginia governor's case
Areas of Focus |
2016/07/18 15:35
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Prosecutors have asked a federal appeals court to delay action for 30 days on a U.S. Supreme Court ruling in former Virginia Gov. Bob McDonnell's corruption case — to allow both sides time to analyze it.
The Richmond Times-Dispatch reportsthe U.S. Attorney's Office said the motion filed jointly Thursday proposes that parties file a briefing schedule or update the 4th Circuit Court of Appeals on discussions after 30 days.
McDonnell was convicted in 2014 of doing favors for a wealthy businessman in exchange for more than $165,000 in gifts and loans.
The Supreme Court overturned McDonnell's conviction in June, saying his actions were distasteful but didn't necessarily violate federal bribery laws. The case was returned to the lower court to decide whether there's enough evidence for another trial.
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Breyer says Supreme Court not diminished with only 8 members
Areas of Focus |
2016/05/23 16:42
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Justice Stephen Breyer said Monday that the Supreme Court has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.
Breyer suggested in response to questions at an awards ceremony at the Library of Congress that Scalia would have made a difference in only four or five cases out of more than 70 the court will decide this term.
"We may divide 4-4 in four or five cases, we may not," Breyer said of the term than will end in June.
That could include some of the term's biggest cases involving abortion and immigration. A tie vote would leave the lower court ruling in place and prevent the court from setting a legal precedent that applies to the entire country.
The court has already deadlocked in three cases, including a high-profile dispute over public-sector labor unions. And last week, the justices returned a dispute over access to birth control to lower courts, suggesting they could not form a majority that would have settled a major conflict over the scope of the nation's health care law.
Breyer stressed that the court in recent years has ruled unanimously about half the time and divided 5-4 in only a small percentage of cases. Chief Justice John Roberts and Justices Samuel Alito and Elena Kagan also have said in recent public comments that the court would find its way until a ninth justice is confirmed.
Breyer did not address the partisan debate over whether the Senate should confirm Judge Merrick Garland, nominated by Obama to take Scalia's seat. Senate Republicans have refused to hold a hearing on Garland's confirmation or schedule a vote, saying the choice should be left to Obama's successor.
Breyer was at the ceremony, the Burton Awards for Legal Achievement, to receive an award for his latest book about the use of foreign law in American courts.
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High court nominee praises lawyers for helping the poor
Areas of Focus |
2016/04/20 21:40
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Supreme Court nominee Merrick Garland praised lawyers for their work with low-income Washingtonians Thursday in his first public remarks since his nomination last month.
Garland was on familiar turf, speaking at the federal courthouse in Washington, where he is chief judge of the appeals court.
Giving people living in poverty access to the courts is critical for society, Garland said. "Without equal justice under law," Garland said, using the phrase engraved above the entrance to the Supreme Court, "faith in the rule of the law, the foundation of our civil society, is at risk."
Garland's nomination is stalled in the Senate, where GOP leaders say the next president should choose the replacement for the late Justice Antonin Scalia. He has met with roughly 40 senators so far, with no sign that Republicans will allow hearings on his nomination, much less a vote.
At those meetings, Garland has typically said nothing for public consumption.
His appearance Thursday was part of the White House's effort to familiarize the country with the nominee by having him speak on a noncontroversial topic, free legal assistance for the poor.
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