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Illinois high court hands lawmakers a rare pension-overhaul victory
Headline Legal News |
2024/01/20 17:40
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The Illinois Supreme Court on Friday endorsed the consolidation of local police and firefighter pension systems, a rare victory in a yearslong battle to find an answer to the state’s besieged retirement accounts.
The court’s unanimous opinion rejected claims by three dozen working and retired police officers and firefighters from across the state that the merger of 649 separate systems into two statewide accounts violated the state constitution’s guarantee that benefits “shall not be diminished or impaired.”
For years, that phrase has flummoxed governors and legislatures trying to cut their way past decades of underfunding the retirement programs. Statewide pension systems covering teachers, university employees, state employees, judges and those working for the General Assembly are $141 billion shy of what’s been promised those current and retired workers. In 2015, the Supreme Court overturned lawmakers’ money-saving overhaul approved two years earlier.
Friday’s ruling, which does not affect pension programs in Cook County, which includes Chicago, deals with a law Gov. J.B. Pritzker signed in late 2019 intended to boost investment power and cut administrative spending for hundreds of municipal funds. The Democratic governor celebrated the unusually good pension news.
“We ushered in a new era of responsible fiscal management, one aspect of which has been consolidating over 600 local pension systems to increase returns and lower fees, reducing the burden on taxpayers,” Pritzker said in a statement.
It would appear to be working. As of 2021, the new statewide accounts together had a funding gap of $12.83 billion; a year later, it stood at $10.42 billion, a decline of 18.7%.
Additionally, data from the Firefighters’ Pension Investment Fund shows that through June 2023, the statewide fund had increased return value of $40.4 million while saving, through June 2022, $34 million in investment fees and expenses.
But 36 active and former first responders filed a lawsuit, claiming that the statewide arrangement had usurped control of their retirement benefits. They complained the law violated the pension-protection clause because they could no longer exclusively manage their investments, they no longer had a vote on who invested their money and what risks they were willing to take, and that the local funds had to pay for transitioning to the statewide program.
The court decreed that none of those issues concerned a benefit that was impaired. Beyond money, the pension-protection law only covers a member’s ability to continue participating or to increase service credits.
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What to know: South Africa's genocide case against Israel at ICJ
Legal Business |
2024/01/15 22:16
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Israel is defending itself in the United Nations’ highest court Thursday against allegations that it is committing genocide with its military campaign in Gaza.
South Africa asked the International Court of Justice to order Israel to immediately stop the war, alleging it has violated the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which was drawn up in the aftermath of World War II and the Holocaust.
The convention defines genocide as acts such as killings “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”
South Africa’s 84-page filing says Israel’s actions “are genocidal in character because they are intended to bring about the destruction of a substantial part” of the Palestinians in Gaza.
It asks the ICJ for a series of legally binding rulings declaring that Israel is breaching “its obligations under the Genocide Convention,” and ordering Israel to cease hostilities, offer reparations, and provide for the reconstruction of all it has destroyed in Gaza.
The filing argues that genocidal acts include killing Palestinians, causing serious mental and bodily harm, and deliberately inflicting conditions meant to “bring about their physical destruction as a group.” And it says Israeli officials have expressed genocidal intent.
During opening arguments, South African lawyers said the latest war is part of decades of Israeli oppression of Palestinians.
Many South Africans, including President Cyril Ramaphosa, compare Israel’s policies regarding Palestinians in Gaza and the West Bank with South Africa’s past apartheid regime of racial segregation. Israel rejects such allegations.
Israel, which was founded in the aftermath of the Holocaust, has denounced the genocide claim. The Foreign Ministry said South Africa’s case lacks legal foundation and constitutes a “despicable and contemptuous exploitation” of the court. |
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What to know about arguments over Donald Trump's immunity claims
Attorney News |
2024/01/11 17:33
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Appeals court judges signaled Tuesday that they will likely reject Donald Trump’s claims that he is immune from prosecution in his election interference case. The outcome seemed clear during arguments that touched on a range of political and legal considerations.
The Republican presidential primary front-runner made his first trip in months to Washington’s federal courthouse, where his lawyers sought to convince an appeals court to dismiss the case charging him with plotting to overturn the results of the 2020 election. The defense’s argument was met with outright skepticism by the three-judge panel of the U.S. District Court of Appeals for the D.C. Circuit.
The judges did not say when they might rule, but the timing of their decision is crucial with a March 4 trial date looming. Trump’s lawyers, who are hoping to delay the case beyond the November presidential election, are certain to go to the U.S. Supreme Court if the D.C. court sides with special counsel Jack Smith.
Most issues in criminal cases can’t be appealed until after a trial verdict, though there are certain circumstances when a defendant can appeal immediately. Smith’s team has not challenged the appeals court’s ability to hear the immunity issue ahead of trial. But a watchdog group called American Oversight filed a friend-of-the-court brief arguing that the appeals court should dismiss Trump’s challenge because Supreme Court precedent shows that it lacks jurisdiction to consider the issue now. If the appeals court agrees that it lacks jurisdiction, it would send the case back to the trial court before even deciding the immunity issue.
Trump’s attorney, D. John Sauer, told the judges that presidential immunity is clearly an issue meant to be resolved before trial. He argued that legal precedent supports the idea that the appeals court is right to consider the immunity claim at this time. |
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NRA chief Wayne LaPierre announces resignation ahead of trial
Legal Business |
2024/01/07 07:02
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The longtime head of the National Rifle Association said Friday he is resigning, just days before the start of a civil trial over allegations he treated himself to millions of dollars in private jet flights, yacht trips, African safaris and other extravagant perks at the powerful gun rights organization’s expense.
Wayne LaPierre, the executive vice president and chief executive officer, said his departure is effective Jan. 31. The trial is scheduled to start Monday in New York Attorney General Letitia James’ lawsuit against him, the NRA and two others who’ve served as executives. LaPierre was in court this week for jury selection and is expected to testify at the trial. The NRA said it will continue to fight the lawsuit, which could result in a further shakeup of its leadership and the appointment of an independent monitor to oversee its finances.
“With pride in all that we have accomplished, I am announcing my resignation from the NRA,” LaPierre said in a statement released by the organization, which said he was exiting for health reasons. “I’ve been a card-carrying member of this organization for most of my adult life, and I will never stop supporting the NRA and its fight to defend Second Amendment freedom. My passion for our cause burns as deeply as ever.”
James, a Democrat, heralded LaPierre’s resignation as an “important victory in our case” and confirmed the trial will go on as scheduled. His exit “validates our claims against him, but it will not insulate him or the NRA from accountability,” James said in a statement.
Andrew Arulanandam, a top NRA lieutenant who has served as LaPierre’s spokesperson, will assume his roles on an interim basis, the organization said.
LaPierre, 74, has led the NRA ’s day-to-day operations since 1991, acting as the face and vehement voice of its gun-rights agenda and becoming one of the most influential figures in shaping U.S. gun policy. He once warned of “jack-booted government thugs” seizing guns, brought in movie star Charlton Heston to serve as the organization’s president, and condemned gun control advocates as “opportunists” who “exploit tragedy for gain.”
In one example of the NRA’s evolution under LaPierre, after the Columbine High School shooting in Littleton, Colorado, in 1998, the NRA signaled support for expanded background checks for gun purchases. But after a gunman killed 26 people at Sandy Hook Elementary School in Newtown, Connecticut, in 2012, LaPierre repudiated background checks and called for armed guards in every school. He blamed video games, lawmakers and the media for the carnage, remarking: “The only thing that stops a bad guy with a gun is a good guy with a gun.”
“The post-Sandy Hook apocalyptic speech was kind of the talismanic moment when, for him and the NRA, there was no going back,” Robert Spitzer, a political science professor at the State University of New York-Cortland and author of several books on gun politics.
The NRA remains a strong political force, with Republican presidential hopefuls flocking to its annual convention last year. In recent years, though, the organization has been beset by financial troubles, dwindling membership, and infighting among its 76-member board along with lingering questions about LaPierre’s leadership and spending.
After reporting a $36 million deficit in 2018, fueled mostly by misspending, the NRA cut back on longstanding programs that had for decades been core to its mission, including training and education, recreational shooting and law enforcement initiatives. In 2021, the organization filed for bankruptcy and sought to incorporate in Texas instead of New York, where it was founded as a nonprofit charity in 1871 — but a judge rejected the move, saying it was a transparent attempt to duck James’ lawsuit.
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Taiwan’s presidential candidates emphasize peace in relations with Beijing
Court News |
2024/01/01 23:39
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Taiwan’s presidential candidates expressed desire for peaceful relations with Beijing, which has described Jan. 13 elections on the self-ruled island as a choice between war and peace and stepped up harassment of the territory that China claims as its own.
William Lai, the front-runner and currently Taiwan’s vice president from the ruling Democratic People’s Party, said in a televised debate Saturday that he was open to communicating with the government in Beijing, which has refused to talk to him or President Tsai Ing-wen.
Beijing favors the candidate from the more China-friendly Nationalist, or Kuomintang, Party, and has accused Lai and Tsai of being “separatists” who are trying to provoke a Chinese attack on Taiwan.
Taiwan split from China amid civil war in 1949, but Beijing continues to regard the island of 23 million with its high-tech economy as Chinese territory and has been steadily increasing its threat to achieve that goal by military force if necessary.
Tensions with China have featured strongly in the presidential campaign.
China has also stepped up military pressure on the island by sending military jets and ships near it almost daily. Taiwan’s Defense Ministry this month also reported Chinese balloons, which could be used for spying, flying in its vicinity.
Differences over Taiwan are a major flashpoint in U.S.-China relations. U.S. relations with the island are governed by the 1979 Taiwan Relations Act, which makes it American policy to ensure Taiwan has the resources to defend itself and to prevent any unilateral change of status by Beijing.
Hou Yu-ih, the Kuomintang candidate, also said he sought peaceful relations with Beijing.
The Kuomintang previously endorsed unification with China but has shifted its stance in recent years as Taiwan’s electorate is increasingly identifying as Taiwanese -– as opposed to Chinese -– and wants to maintain the status quo in relations with Beijing.
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Michigan Supreme Court will keep Trump on the state's primary election ballot
Legal Topics |
2023/12/27 17:37
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Michigan’s Supreme Court is keeping former President Donald Trump on the state’s primary election ballot.
The court said Wednesday it will not hear an appeal of a lower court’s ruling from groups seeking to keep Trump from appearing on the ballot.
It said in an order that the application by parties to appeal a Dec. 14 Michigan appeals court judgment was considered, but denied “because we are not persuaded that the questions presented should be reviewed by this court.”
The ruling contrasts with Dec. 19 decision by a divided Colorado Supreme Court which found Trump ineligible to be president because of his role in the Jan. 6, 2021, attack on the U.S. Capitol. That ruling was the first time in history that Section 3 of the 14th Amendment has been used to disqualify a presidential candidate.
The Michigan and Colorado cases are among dozens hoping to keep Trump’s name off state ballots. They all point to the so-called insurrection clause that prevents anyone from holding office who “engaged in insurrection or rebellion” against the Constitution. Until the Colorado ruling, all had failed.
The Colorado ruling is likely to be appealed to the U.S. Supreme Court, which has never ruled on the rarely used Civil War-era provision.
The plaintiffs in Michigan can technically try again to disqualify Trump under Section 3 of the 14th Amendment in the general election, though it's likely there will be a U.S. Supreme Court ruling on the issue by then. The state's high court on Wednesday upheld an appeals court ruling that the Republican Party could place anyone it wants on the primary ballot. But the court was silent on whether Section 3 of the 14th Amendment would disqualify Trump in November if he becomes the GOP nominee.
“We are disappointed by the Michigan Supreme Court’s decision,” said Ron Fein, legal director of Free Speech for People, the liberal group that filed the suit to disqualify Trump in the state. “The ruling conflicts with longstanding US Supreme Court precedent that makes clear that when political parties use the election machinery of the state to select, via the primary process, their candidates for the general election, they must comply with all constitutional requirements in that process.”
rump hailed the order, calling the effort to keep him off the ballot in multiple states a “pathetic gambit."
Only one of the court's seven justices dissented. Justice Elizabeth M. Welch, a Democrat, wrote that she would have kept Trump on the primary ballot but the court should rule on the merits of the Section 3 challenge. The court has a 4-3 Democratic majority. |
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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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