Court to hear case over ID of Texas execution drug supplier
Court News | 2018/10/20 20:50
The Texas Supreme Court has reversed itself and granted the state's request to review a case dealing with the disclosure of an execution drug supplier that officials have fought for years to keep secret.

The Texas Supreme Court on Friday approved the state's appeal asking that it review a lower court's order that the state's prison agency must identify its execution drug supplier.

In June, the court had denied the state's request to review the ruling by Texas' 3rd Court of Appeals.

The case stems from a lawsuit seeking to identify the supplier Texas used in two 2014 executions. A measure was signed into law the next year allowing the state to keep future supplier records secret. Oral arguments in the case have been set for Jan. 23.



Georgia high court won't stop vote on creation of new city
Court News | 2018/10/16 23:23
Georgia's highest court on Monday declined to stop voting in a referendum on whether a new city of Eagle's Landing should be created from part of the existing city of Stockbridge.

The General Assembly passed two acts that were signed by the governor earlier this year to create Eagle's Landing from land that is currently part of Stockbridge combined with unincorporated parts of Henry County. The proposed city's creation must be approved by local voters, but Stockbridge residents who live outside the boundaries of the proposed city won't get a say.

Opponents, including the Stockbridge mayor, say creation of a new city would take a significant amount of city's land and tax revenue and harm the Stockbridge's ability to pay municipal bond obligations.

Proponents of a new city say they want to secure better city services, increase property values and attract high-end businesses. But opponents say race is a factor. About 20 miles (30 kilometers) southeast of Atlanta, Stockbridge is predominantly black, while the city of Eagle's Landing would have a higher proportion of white residents.

Stockbridge sued the Henry County elections director and members of the county commission and asked a judge to declare that the acts setting up the referendum violated the state Constitution. The judge declined, and the city appealed to the Georgia Supreme Court, which heard arguments in the case last week.



UN court orders US to lift some Iran sanctions
Court News | 2018/10/03 12:17
The United Nations' highest court on Wednesday ordered the United States to lift sanctions on Iran that affect imports of humanitarian goods and products and services linked to civil aviation safety.

The ruling by the International Court of Justice is legally binding, but it remains to be seen if the administration of President Donald Trump will comply.

Trump moved to restore tough U.S. sanctions in May after withdrawing from Tehran's nuclear accord with world powers. Iran challenged the sanctions in a case filed in July at the International Court of Justice.

In a preliminary ruling, the court said that Washington must "remove, by means of its choosing, any impediments arising from" the re-imposition of sanctions to the export to Iran of medicine and medical devices, food and agricultural commodities and spare parts and equipment necessary to ensure the safety of civil aviation.

By limiting the order to sanctions covering humanitarian goods and the civil aviation industry, the ruling did not go as far as Iran had requested.

The U.S. ambassador to the Netherlands, Peter Hoekstra, pointed that out in a tweet.

"This is a meritless case over which the court has no jurisdiction," the ambassador tweeted. "Even so, it is worth noting that the Court declined today to grant the sweeping measures requested by Iran. Instead, the Court issued a narrow decision on a very limited range of sectors."

While imposing the so-called "provisional measures," the court's president, Abdulqawi Ahmed Yusuf, stressed that the case will continue and the United States could still challenge the court's jurisdiction.


Supreme Court won't hear case over California beach access
Court News | 2018/10/01 23:19
The Supreme Court is refusing to hear an appeal from a California billionaire who doesn't want to open a road on his property so that the public can access a beach.

The justices said Monday that they will not take up Vinod Khosla's appeal of a California appeals court decision. The case had the potential to upend California's longstanding efforts to keep beaches open to the public.

Khosla bought the property in the San Francisco Bay Area for $32.5 million in 2008 and later blocked the public from accessing it. That prompted a lawsuit by the nonprofit Surfrider Foundation.

A state appeals court ruled last year that Khosla needed to apply for a coastal development permit before denying public access.

Khosla — a venture capitalist who co-founded the Silicon Valley technology company, Sun Microsystems — closed a gate, put up a no-access sign and painted over a billboard at the entrance to the property that had advertised access to the beach, according to the appellate ruling.

The secluded beach south of Half Moon Bay, about 35 miles (56 kilometers) south of San Francisco, is only accessible by a road that goes over Khosla's land.

The previous owners of the property allowed public access to the beach for a fee. But Khosla's attorneys say the cost to maintain the beach and other facilities far exceeded revenue from the fees.

The government cannot demand that people keep their private property open to the public without paying them to do so, Khosla's attorneys said in their appeal to the U.S. Supreme Court.

The state appeals court ruling would "throw private property rights in California into disarray," the appeal argued, saying other property owners along California's coast would prefer to exclude the public.

The Surfrider Foundation said Khosla's appeal to the U.S. Supreme Court was premature because he had not yet applied for a permit and received a decision from the state.

"This win helps to secure beach access for all people, as is enshrined in our laws," said Angela Howe, legal director of the foundation. "The Surfrider Foundation will always fight to preserve the rights of the many from becoming the assets of the few."



Supreme Court term amid starts in shadow of Kavanaugh
Court News | 2018/09/29 23:19
It's the storm before the calm at the Supreme Court. Americans watched Thursday's high court nomination hearing of Judge Brett Kavanaugh with rapt attention. The televised spectacle was filled with disturbing allegations of sexual assault and Kavanaugh's angry, emotional denial.

On Monday, the court will begin its new term with the crack of the marshal's gavel and not a camera in sight. The term's start has been completely overshadowed by the tumult over Kavanaugh's nomination.

Republicans had hoped to have Kavanaugh confirmed in time for the court's first public meeting since late June, an addition that would cement conservative control of the court.

Instead, there are only eight justices on the bench for the second time in three terms, with a breakdown of four conservatives and four liberals. The court was down a member in October 2016, too, following the death of Justice Antonin Scalia. Justice Neil Gorsuch joined the court in April 2017, after all but about a dozen cases had been argued

It's unclear how long the vacancy created by Justice Anthony Kennedy's retirement in July will last. Consideration of Kavanaugh's nomination by the Senate has been delayed while the FBI undertakes an investigation of Christine Blasey Ford's allegation that Kavanaugh sexually assaulted her in 1982.

An empty seat on the bench often forces a push for compromise and leads to a less exciting caseload, mainly to avoid 4-4 splits between conservatives and liberals.

The cases the court has agreed to hear so far this term look nothing like the stream of high-profile disputes over President Donald Trump's travel ban, partisan redistricting, union fees and a clash over religious objections to same-sex marriage that the court heard last term.


Trump picks combat over caution in court fight
Court News | 2018/09/23 21:49
White House aides and congressional allies worked all week to keep President Donald Trump from unloading on the woman who has accused Supreme Court nominee Brett Kavanaugh of sexual misconduct.

But as Kavanaugh's nomination hung in the balance, Trump couldn't contain his frustration any longer and unleashed a direct Twitter attack on the credibility of Christine Blasey Ford, who says Kavanaugh sexually assaulted her decades ago during a high school party.

Friday's tweet landed with a splat in the noxious brew of gender and politics that has taken over a high-stakes confirmation battle playing out against the backdrop of the #MeToo movement. In keeping with Trump's natural instinct to fight back when under attack, as well as his long pattern of defending powerful men against the claims of women, the president's tweet reflected growing anger over all the focus on Ford's accusation.

Trump initially believed he could support his nominee without wading into the specific allegations against Kavanaugh since they did not involve him. But that began to change as Trump watched ongoing coverage of the accusations, particularly on Air Force One TVs tuned into Fox News on his long flight Thursday from Washington to Las Vegas, according to a White House official and a Republican close to the White House. Both spoke on condition of anonymity because they were not authorized to discuss private conversations.


Idaho high court considers defamation lawsuit
Court News | 2018/09/23 04:49
The Idaho Supreme Court heard arguments Friday in a case that could determine whether individuals have the right to sue if they think a journalist implied — but didn't outright say — something defamatory.

The issue arose in a lawsuit brought last year by former teacher James Verity against USA Today and television stations in Idaho and Oregon after they reported on the results of a national investigation into teacher licensing. The investigation found that teachers who had a license revoked in one state were often able to move to another state to be licensed there.

Verity lost his Oregon teaching license after he was disciplined for having inappropriate sexual contact with an 18-year-old student. He was later was granted an Idaho teaching license.

Verity says the news coverage wrongly implied that he was danger to female students, that he misled Idaho officials and that he committed a crime by having sex with a student. The news organizations say their reporting was accurate.


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