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Suit seeks to overturn renewed Philadelphia mask mandate
Court News |
2022/04/16 15:53
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Several businesses and residents have filed suit in state court in Pennsylvania seeking to overturn Philadelphia’s renewed indoor mask mandate scheduled to be enforced beginning Monday in an effort to halt a surge in COVID-19 infections.
The lawsuit, filed in Commonwealth Court on Saturday, said Philadelphia lacks the authority to impose such a mandate.
Philadelphia earlier this week became the first major U.S. city to reinstate its indoor mask mandate after reporting a sharp increase in coronavirus infections, with the city’s top health official saying she wanted to forestall a potential new wave driven by an omicron subvariant.
Attorney Thomas W. King III, who was among those involved in last year’s successful challenge to the statewide mask mandate in schools, said the city’s emergency order went against recommendations of the federal Centers for Disease Control and Prevention and “imposed a renegade standard unfound anywhere else in the world.”
The suit accuses city health officials of having “usurped the power and authority” of state lawmakers, the state department of health and the state advisory health board.
Kevin Lessard, communications director of the Philadelphia mayor’s office, said officials were “unable to comment on this particular case” but cited a court’s denial of an emergency motion by another plaintiff for a preliminary injunction against the mandate. Lessard said “the courts once again confirmed that city has both the legal authority and requisite flexibility to enact the precautionary measures necessary to control the spread of COVID-19.”
Most states and cities dropped their masking requirements in February and early March following new guidelines from the CDC that put less focus on case counts and more on hospital capacity and said most Americans could safely take off their masks.
Philadelphia had ended its indoor mask mandate March 2. But on Monday Dr. Cheryl Bettigole, the health commissioner, cited a more than 50% rise in confirmed COVID-19 cases in 10 days, the threshold at which the city’s guidelines call for people to wear masks indoors. |
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Jackson pledges to decide cases ‘without fear or favor
Court News |
2022/03/22 16:31
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Supreme Court nominee Ketanji Brown Jackson pledged Monday to decide cases “without fear or favor” if the Senate confirms her historic nomination as the first Black woman on the high court.
Jackson, 51, thanked God and professed love for “our country and the Constitution” in a 12-minute statement to the Senate Judiciary Committee at the end of her first day of confirmation hearings, nearly four hours almost entirely consumed by remarks from the panel’s 22 members.
Republicans promised pointed questions over the coming two days, with a special focus on her record on criminal matters. Democrats were full of praise for President Joe Biden’s Supreme Court nominee.
With her family sitting behind her, her husband in socks bearing George Washington’s likeness, Jackson stressed that she has been independent, deciding cases “from a neutral posture” in her nine years as a judge, and that she is ever mindful of the importance of that role.
“I have dedicated my career to ensuring that the words engraved on the front of the Supreme Court building — equal justice under law — are a reality and not just an ideal,” she declared.
Barring a significant misstep, Democrats who control the Senate by the slimmest of margins intend to wrap up her confirmation before Easter. She would be the third Black justice, after Thurgood Marshall and Clarence Thomas, as well as the first Black woman on the high court.
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Democrats sue to overturn new Kansas congressional districts
Court News |
2022/02/14 14:34
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Democrats sued Kansas officials on Monday over a Republican redistricting law that costs the state’s only Democrat in Congress some of the territory in her Kansas City-area district that she carries by wide margins in elections.
A team of attorneys led by Democratic attorney Marc Elias’ firm filed the lawsuit in Wyandotte County District Court in the Kansas City area. Elias has been involved in lawsuits in multiple states, including Georgia, North Carolina and Ohio, and he promised that the new Kansas map would be challenged when the GOP-controlled Legislature on Wednesday overrode Democratic Gov. Laura Kelly’s veto of it.
The lawsuit was filed on behalf of five voters and a Kansas voting-rights group, Loud Light. The defendants are the elections commissioner for Kansas City, Kansas, and Kansas Secretary of State Scott Schwab, the state’s top elections official.
Kansas is part of a broader national battle over redrawing congressional districts. Republicans hope to recapture a U.S. House majority in this year’s elections, and both parties are watching states’ redistricting efforts because they could help either pick up or defend individual seats.
The Kansas redistricting law removes the northern part of Kansas City, Kansas, from the 3rd District that U.S. Rep. Sharice Davids represents and puts it in the neighboring 2nd District, which includes the state capital of Topeka but also rural communities across eastern Kansas. Kansas City is among Republican-leaning Kansas’ few Democratic strongholds.
Elias has said the GOP map for Kansas is “blatantly unconstitutional.” Democrats argued that it amounts to partisan gerrymandering aimed at costing Davids’ her seat, while diluting the clout of Black and Hispanic voters by cutting their numbers in her district. They also have argued that the map is unacceptable because it fails to keep the core of the state’s side of the Kansas City area in a single district.
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Judge sides with Alaska attorney who alleged wrongful firing
Court News |
2022/01/21 10:41
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A U.S. judge sided Thursday with an attorney who alleged she was wrongly fired by the state of Alaska over political opinions expressed on a personal blog.
U.S. District Court Judge John Sedwick ruled that Elizabeth Bakalar’s December 2018 firing violated her free speech and associational rights under the U.S. and state constitutions.
According to Sedwick’s decision, Bakalar was an attorney with the Alaska Department of Law who handled election-related cases and was assigned to advise or represent state agencies in high-profile or complex matters. She began a blog in 2014 that focused on issues such as lifestyle, parenting and politics but began blogging more about politics and then-President Donald Trump after his 2016 election. She also commented about Trump on Twitter, with her name listed as the Twitter handle, the order says.
Shortly after Republican Gov. Mike Dunleavy’s election in 2018, the chair of his transition team and later his chief of staff, Tuckerman Babcock, sent a memo to a broad swath of state employees requesting they submit their resignations along with a statement of interest in continuing to work for the new administration. The request was derided by attorneys for Bakalar and others as a demand for a “loyalty pledge.”
“To keep their jobs employees had to actually offer up a resignation with an accompanying statement of interest in continuing with the new administration and then hope that the incoming administration would reject the resignation,” Sedwick wrote.
Babcock said he fired Bakalar because he considered the tone of her resignation letter to be unprofessional, the order says. But Sedwick said Babcock did not accept the resignation of an assistant attorney general who used the same wording he had found objectionable when used by Bakalar.
While every lawyer in the Department of Law received the memo, just two — Bakalar and another attorney who had been critical of Trump on social media — had their resignation letters accepted, according to Sedwick’s decision.
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Cobb County jury trials paused as COVID-19 spreads
Court News |
2022/01/08 16:06
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As COVID-19 cases continue rising across the state of Georgia, the court system in one of its counties has decided to pause jury trials.
Cobb County Superior Court Judge Robert D. Leonard issued an order Monday to cancel trial jurors through Jan. 21, WSB-TV reported.
“I did not make this decision lightly,” Leonard said. “We must keep in mind that jury service compels people of all walks of life, with all health conditions and vaccination status to attend court. Additionally, the likelihood of successfully getting through a lengthy jury trial when our community spread is at this record level is slim.”
According to the Georgia Department of Public Health, 11,902 cases of COVID-19 have been reported in Cobb County in the last two weeks.
Jury trials across Georgia were paused for much of the pandemic. Trials in Cobb County ultimately resumed last April.
Leonard also said that the State Court of Cobb County will be undertaking the same measures.
Grand jury proceedings will not be affected.
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