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Supreme Court: Justices healthy and trying to stay that way
Court News |
2020/03/21 17:50
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The Supreme Court reported Friday that the nine justices are healthy and trying to stay that way.
To that end, when the court held its regularly scheduled private conference Friday morning, some of the justices participated remotely, and those who were in the building did not engage in the tradition of shaking hands, court spokeswoman Kathy Arberg said.
The court plans to issue opinions Monday in cases argued during the fall and winter without taking the bench, Arberg said. The last time that happened was when the court decided Bush v. Gore late in the evening of Dec. 12, 2000, essentially settling the disputed 2000 presidential election in favor of Republican George W. Bush.
Arberg wouldn't say who showed up in person Friday to the justices' conference room, adjacent to Chief Justice John Roberts' office. Six of the nine justices are 65 and older, at higher risk of getting very sick from the illness, according to the Centers for Disease Control and Prevention. Justices Ruth Bader Ginsburg, who turned 87 on Sunday, and Stephen Breyer, 81, are the oldest members of the court.
Justice Brett Kavanaugh, 54, flew on a commercial flight last week between Washington, D.C., and Louisville, Kentucky, for a ceremony in honor of U.S. District Judge Justin Walker, a former law clerk whom President Donald Trump named to the federal bench last year. |
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Texas court delays 2nd execution due to virus outbreak
Court Watch |
2020/03/20 17:50
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Texas’ highest criminal court on Thursday delayed the scheduled execution of a second death row inmate as the state tries to slow the spread of the coronavirus.
The Texas Court of Criminal Appeals ordered a 60-day delay of Tracy Beatty’s scheduled March 25 execution “in light of the current health crisis and the enormous resources needed to address that emergency.”
Beatty was sentenced to death for the 2003 slaying of his 62-year-old mother, Carolyn Click, near Tyler, in East Texas. The ruling noted that the court previously upheld Beatty’s conviction and sentence.
The court on Monday ordered a 60-day delay in the execution of John William Hummel, who had been scheduled to die on Wednesday for the 2009 stabbing of his pregnant wife, Joy Hummel, 45, and fatal bludgeoning of his father-in-law, Clyde Bedford, 57, with a baseball bat.
Gov. Greg Abbott on Thursday declared a state of emergency, ordering schools closed until April 3, banning dine-in eating at restaurants, and ordering bars and gyms to close. Abbott said state government would remain open.
The order also banned public gatherings of 10 or more people, which could have affected the state’s ability to carry out executions, which involve a number of people, including correctional officers, attorneys, physicians, and family members or friends of the inmates and victims. |
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Georgia high court election cancellation headed for appeal
Headline Legal News |
2020/03/18 10:41
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A would-be candidate for a seat on Georgia's highest court on Wednesday asked the state's lower appeals court to step in after a judge this week said the governor had the right to fill the position even though a judge who's resigning won't leave until November.
Georgia Supreme Court Justice Keith Blackwell, whose six-year term ends in December, told Gov. Brian Kemp last month that he planned to resign but would remain on the bench until Nov. 18. Kemp's office then told Secretary of State Brad Raffensperger that the Republican governor intended to fill the seat by appointment, and Raffensperger canceled the scheduled May 19 election for the position.
John Barrow, a former Democratic congressman from Athens, and former Republican state lawmaker Beth Beskin of Atlanta had both planned to challenge Blackwell. They filed separate lawsuits in Fulton County Superior Court saying the election had been illegally canceled and asking a judge to order Raffensperger to put it back on the calendar and allow candidates to qualify.
Judge Emily Richardson on Monday ruled that according to the Georgia Constitution and state law, Blackwell's seat became vacant Feb. 26, when Kemp signed a letter accepting the justice's resignation. Raffensperger was no longer required to hold an election for the seat once the governor signaled his intent to appoint someone to fill it, she wrote.
Even though the effective date of Blackwell’s resignation is after the May election, it is still within his current term, which ends Dec. 31, meaning Kemp has the authority under the state Constitution to fill the vacancy by appointment, Richardson wrote.
Barrow on Wednesday filed an emergency request with the Georgia Court of Appeals, arguing that Richardson was wrong and asking the court to take up the case. Beskin's lawyer, Cary Ichter, said in an email that they intend to do the same on Thursday.
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Supreme Court will decide fate of Obama health care law
Court News |
2020/03/13 10:37
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The Supreme Court agreed Monday to decide a lawsuit that threatens the Obama-era health care law, but the decision is not likely until after the 2020 election.
The court said it would hear an appeal by 20 mainly Democratic states of a lower-court ruling that declared part of the statute unconstitutional and cast a cloud over the rest.
Defenders of the Affordable Care Act argued that the issues raised by the case are too important to let the litigation drag on for months or years in lower courts and that the 5th U.S. Circuit Court of Appeals in New Orleans erred when it struck down the health law's now toothless requirement that Americans have health insurance.
The case will be the third major Supreme Court battle over the law popularly known as Obamacare since its passage in 2010. The court has twice upheld the heart of the law, with Chief Justice John Roberts memorably siding with the court's liberals in 2012, amid President Barack Obama's reelection campaign.
The Trump administration supports the total repeal of the law, including its provisions that prohibit insurance companies from discriminating against people with existing health ailments. |
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Ex-Phoenix area sheriff declares victory despite court loss
Legal Interview |
2020/03/11 10:35
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Former Phoenix-area Sheriff Joe Arpaio lost a bid to erase his criminal conviction for disobeying a 2011 court order, but claimed victory Thursday after an appeal's court said the verdict no longer has any legal consequence because of President Donald Trump's pardon.
The 9th Circuit Court of Appeals explained Arpaio was pardoned before he could be sentenced and that the final judgment in the case ended up dismissing the contempt charge.
“They can’t use that conviction against me in a court of law,” Arpaio said. “That’s a win.”
Gabriel “Jack" Chin, a professor at the University of California, Davis School of Law, agreed. “Even though Mr. Arpaio did not get the district court's findings vacated, he still won his case.
”The Ninth Circuit clearly ruled that after the pardon there is neither a conviction for criminal purposes (say, sentencing in the future), nor a finding of fact binding in any future criminal or civil cases," Chin added. “On the other hand, the underlying facts are out there for whatever the court of public opinion wants to do with them.”
Arpaio was convicted for disobeying an order barring his traffic patrols that targeted immigrants.
The 87-year-old lawman, who was defeated for reelection in 2016 after six terms, had argued the misdemeanor contempt of court conviction should be removed from his record so it can't be raised against him in future court cases.
A 2017 lower court decision said Trump’s pardon removed his possible punishments and that pardons don’t erase convictions or the facts of cases. |
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