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Court halts construction of another section of pipeline
Court News |
2016/09/18 21:00
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A federal appeals court has ordered a halt to construction of another section of the Dakota Access oil pipeline in North Dakota.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said in a ruling late Friday that it needs more time to consider the Standing Rock Sioux Tribe's request for an emergency injunction. It said it will issue another order setting a date for oral arguments on the motion.
The order "should not be construed in any way as a ruling on the merits of that motion," the panel said. The ruling stops construction within 20 miles on either side of Lake Oahe. The federal government on Sept. 9 ordered a halt to construction on U.S. Army Corps of Engineers land under and around the lake after a U.S. District Judge James Boasberg rejected the tribe's request for a preliminary injunction to halt construction of the $3.8 billion four-state pipeline. That led the tribe to ask for an emergency injunction.
Vicki Granado, spokeswoman for Dakota Access LLC, said the company does not comment on pending litigation. Craig Stevens, spokesman for the MAIN Coalition, Midwest Alliance for Infrastructure Now, called the ruling disappointing but said his group respects the panel's decision.
"Judge Boasberg, in his thoughtful and thorough opinion last week, confirmed that the Army Corps of Engineers did their jobs expertly and in accordance with the law," Stevens said in a statement. "We are confident that another fair review of the corps' work will render the same decision."
The corps also issued a ruling on Friday granting the tribes a temporary permit that allows demonstrators to legally protest on federal lands managed by the agency. In turn, the tribe assumes responsibility for maintenance, damage and restoration costs, the security and safety of protesters, and liability insurance. |
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Biden, Supreme Court nominee on Hill to pressure GOP
Court News |
2016/09/11 05:56
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Judge Merrick Garland found himself back on Capitol Hill on Thursday in a familiar place ? meeting with a Democratic senator who used the visit to complain about Republicans' inaction on President Barack Obama's Supreme Court nominee.
Vermont Sen. Patrick Leahy, the Democrat on the Senate Judiciary Committee. said he met with Garland to "see how he's doing." Nearly six months ago, Obama nominated Garland to fill the vacancy created by Justice Antonin Scalia's death in February. Republicans have said they won't act until the next president chooses a nominee.
"He's had to wait longer than any nominee ever has," Leahy told reporters. "We've got plenty of time. If they want to do their job, we could easily have the hearing and the confirmation in September."
Asked if he'd seen any signs that Republicans are wavering in their refusal to consider a nominee this year, Leahy said, "You'll have to ask them." The spokesman for Senate Majority Leader Mitch McConnell, R-Ky., who's led GOP opposition to Garland, said nothing has changed.
"The majority leader has been clear: The next president will make the nomination for this vacancy," said spokesman Don Stewart.
Vice President Joe Biden also planned to be on Capitol Hill on Thursday to help turn up the pressure on McConnell.
It was Garland's first visit to Congress since he held dozens of individual meetings with senators in the spring.
The court is currently divided 4-4 between liberal- and conservative-leaning justices. Garland's confirmation would tip the court in the more liberal direction.
Both parties have appealed to voters by making the court's leaning a campaign issue, stressing that either Democrat Hillary Clinton or Republican Donald Trump will decide that by whomever they nominate. |
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Court denies asylum to 28 detained Latin American mothers
Court News |
2016/09/08 05:58
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A legal ruling that would send 28 detained immigrant mothers and their children back to Latin America despite their claims they would be persecuted upon return was upheld on Monday by a federal appeals court.
A panel of the U.S. Court of Appeals for the Third Circuit denied asylum to the women from Honduras, Guatemala and Ecuador, saying their fears they would face violence at home were "not credible."
Judge D. Brooks Smith wrote in the decision that the justices were "sympathetic to the plight" of the petitioners, but he added that since the women arrived in the United States "surreptitiously" they were not entitled to constitutional protections.
The women came over the U.S. border in Texas but are being held at the Berks County Residential Center in Pennsylvania, said American Civil Liberties Union attorney Lee Gelernt, who represented the families.
"The decision is wrong as a matter of history and precedent, and if left intact, will be the first time in the history of the country that noncitizens on U.S. soil cannot obtain federal court review of the legality of their deportation," Gelernt said in a statement. |
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Appeals court: Week of early voting shouldn't return to Ohio
Court News |
2016/08/24 16:36
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A federal appeals court on Tuesday upheld an Ohio law that trims a week of early voting in the swing state, reversing a judge's decision that had restored the time.
Democrats had challenged a series of Republican-backed voting changes they claimed disproportionately burdened black voters and those who lean Democratic. Among the policies was the elimination of early voting days in which Ohioans could also register to vote, a period known as golden week.
The state's attorneys argued that scrapping the days helped alleviate administrative burdens for local elections officials while reducing costs and the potential of fraud. But plaintiffs, who include the state's Democratic Party, said the burden on voters outweighed any benefit to the state.
In a 2-1 decision, a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati ruled the golden-week cut still allows for "abundant" opportunities to vote within a 29-day window. Prior to the law, Ohioans had a 35-day period.
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Polish prosecutors investigate court head for abuse of power
Court News |
2016/08/19 16:56
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Polish prosecutors have opened an investigation into the head of the country's Constitutional Tribunal to determine if he abused his power in not allowing judges appointed by the ruling party to take part in rulings.
The investigation into Andrzej Rzeplinski, which opened Thursday, is the latest development in an ongoing conflict between the Polish government and the constitutional court, whose role is similar to the U.S. Supreme Court.
The government's conflict with the court has raised international concerns about the state of democracy in Poland, and the political opposition and other critics have slammed the investigation into Rzeplinski as an attack on the separation of powers.
Amid the conflict, Rzeplinski has emerged as one of the key symbols of resistance against the right-wing government, which has moved to centralize power since winning elections last year. The investigation is seen by many as an attempt to discredit him since he enjoys, at least for now, immunity from prosecution. His term as head of the court also expires in December.
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North Carolina shooting victim's family hires lawyer
Court News |
2016/08/13 16:57
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The family of a black North Carolina man shot to death in a neighborhood confrontation in Raleigh has hired the lawyer representing two other black men who were killed by white police officers.
State Rep. Justin Bamberg of South Carolina says he is representing relatives of Kouren-Rodney Bernard Thomas.
Thomas was killed Aug. 7 when a white man living two doors down from a neighborhood party called police to complain of "hoodlums" and then fired a shotgun from his garage. Chad Cameron Copley is charged with murder.
Bamberg also is representing the family of Alton Sterling. The Baton Rouge, Louisiana, man was killed last month after he scuffled with two police officers outside a convenience store.
Bamberg also represents the family of Walter Scott, an unarmed South Carolina motorist killed by a North Charleston officer last year. Michael Slager faces state and federal charges.
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Appeals court hands loss to New Jersey sports betting effort
Court News |
2016/08/09 20:35
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A federal appeals court has rejected New Jersey's attempt to legalize sports betting, setting aside the state's legal challenge to a federal ban.
The 3rd U.S. Circuit Court of Appeals' ruling published Tuesday invalidates a law passed by New Jersey in 2014 that would have allowed sports betting at casinos and racetracks.
The four major professional sports leagues and the NCAA sued the state, claiming the expansion of legal sports betting would damage the integrity of their games and lead to game-fixing.
Currently, only Nevada offers betting on individual games. Delaware offers multigame parlay betting in which players must pick several games correctly to win. Hundreds of billions of dollars are bet illegally on sports annually.
The 3rd Circuit wrote Tuesday New Jersey's law violates a 1992 federal law. |
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