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Romney calls Obama's health care requirement a tax
Legal Business | 2012/07/05 02:08
Mitt Romney on Wednesday said requiring all Americans to buy health insurance amounts to a tax, contradicting a senior campaign adviser who days ago said the Republican presidential candidate viewed President Barack Obama's mandate as anything but a tax.

"The majority of the court said it's a tax and therefore it is a tax. They have spoken. There's no way around that," Romney told CBS News. "You can try and say you wish they had decided a different way but they didn't. They concluded it was a tax."

Romney's comments amounted to a shift in position. Earlier in the week, senior adviser Eric Fehrnstrom said Romney viewed the mandate as a penalty, a fee or a fine - not a tax.

The Supreme Court last week ruled that the federal requirement to buy health insurance or pay a penalty is constitutional because it can be considered a tax. The requirement is part of the broad health care overhaul that Obama signed into law in March 2010.



La. high court upholds murder conviction
Court Watch | 2012/07/03 02:09
The Louisiana Supreme Court has upheld the conviction of a woman in the shooting death of her live-in boyfriend in 2009.

The Advocate reports that Mary Henderson Trahan was convicted of second-degree murder in Lafayette Parish in 2010 in the death of George Barbu.

An appeals court ruled the evidence did not support her conviction. Prosecutors appealed.

The Supreme Court this week said a rational juror could find from the evidence that Trahan had "specific intent to kill or to inflict great bodily harm" to Barbu.

Trahan had claimed she accidentally shot Barbu after she slipped and fell while holding a gun.

The Supreme Court said jurors heard no evidence to support Trahan's claim.

Trahan faces up to life in prison when she is sentenced.



Court knocks down BASF, Shell Brazil payment
Court Watch | 2012/07/03 02:08
Brazil's top labor court has knocked down a judge's order that Shell Brasil SA and BASF SA deposit $382 million into a fund for workers allegedly contaminated at a chemicals plant.

An emailed statement from the court Wednesday says its lead judge ruled a day earlier in favor of an appeal against immediate payment. A class-action lawsuit seeking compensation from the companies remains before the labor court.

A federal judge in late June ordered the subsidiaries of Royal Dutch Shell PLC and BASF SE to pay into the fund now. Prosecutors sought the order, saying the cash should be immediately available in case workers win the overall lawsuit.

Both Shell and BASF welcomed the new ruling and say they will abide by all legal decisions in the case.




Report: Okla. court shooting suspect delusional
Court Watch | 2012/07/02 02:08
Prosecutors will review a psychological evaluation that concludes a man accused in a shooting outside the Tulsa County Courthouse doesn't have the capacity to rationally aid in his defense.

Andrew Joseph Dennehy "is exhibiting psychotic symptoms that are marked by delusions of persecution, paranoid ideation and auditory hallucinations," according to Curtis Grundy, a psychologist retained by the defense to evaluate Dennehy.

Grundy's report, filed in court Monday, recommends that Dennehy "be adjudicated as incompetent to stand trial and referred for inpatient psychiatric treatment" for competency restoration at the Oklahoma Forensic Center in Vinita, the Tulsa World  reported.

Dennehy has explained that "the Freemasons and illuminati were conspiring to harm or kill himself and his parents" and that, in response, "he attempted to have himself killed by the police so that the illuminati and Freemasons would leave his parents alone," according to Grundy's report.



Use new drug sentencing law in crack cases
Court News | 2012/06/21 12:08
The Supreme Court says criminals who were arrested but not yet sentenced for crack cocaine offenses should be able to take advantage of newly reduced sentences.

Corey A. Hill and Edward Dorsey were arrested in 2007 and 2008 for selling crack cocaine and faced mandatory 10-year sentences in Illinois. But they weren't sentenced until after the Fair Sentencing Act went into effect in August 2010. That law reduces the difference between sentences for crimes committed by crack cocaine and powder cocaine users.

Justice Stephen Breyer said in a 5-4 decision Thursday that the courts should have used the new law to sentence the two men.

Chief Justice John Roberts, and Justices Antonin Scalia, Clarence Thomas and Samuel Alito dissented.


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