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Court sides with NJ judges in pension dispute
Court News |
2012/07/27 11:58
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New Jersey's Supreme Court dealt a partial defeat to one of Gov. Chris Christie's signature legislative accomplishments Tuesday when it ruled that the state's judges don't have to contribute more to their pensions and health benefits. A leading state lawmaker immediately said the battle over the matter would continue.
The narrow 3-2 decision sided with a legal challenge filed last year by a state Superior Court judge in Hudson County who argued that the law imposing the pension and health care benefits changes violated a part of the state constitution that set judges' salaries and said they cannot be reduced.
The justices noted in their ruling that without a corresponding salary increase, the increased contributions would eventually cost judges at least $17,000 annually in take-home pay, amounting to a pay cut of more than 10 percent.
Christie, a Republican, had worked with the Democratic-controlled Legislature to pass the law last year. It affects hundreds of thousands of government workers around the state in addition to between 400 and 500 sitting judges and justices. |
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NY court: Gay marriage caucus didn't break rules
Court News |
2012/07/06 15:39
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A state appeals court rejected a challenge to New York's year-old same-sex marriage law Friday, ruling closed-door negotiations among senators and gay marriage supporters including Gov. Andrew Cuomo did not violate any laws.
The Appellate Division of state Supreme Court in Rochester ruled against gay marriage opponents who argued that Republican state senators violated New York's open meeting rules ahead of the law's passage last year.
The marriage law was given final legislative approval by the state Senate after weeks of intensive lobbying and swiftly signed by Cuomo, making New York the largest state to legalize same-sex weddings. Same-sex couples began marrying by the hundreds on July 24, 2011, the day the law became official.
"The court's decision affirms that in our state, there is marriage equality for all, and with this decision New York continues to stand as a progressive leader for the nation," Cuomo said after the court's ruling.
New Yorkers for Constitutional Freedoms said Cuomo and another gay marriage supporter, New York City Mayor Michael Bloomberg, met behind closed doors with the Senate's Republican majority in violation of the open meeting law. |
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Use new drug sentencing law in crack cases
Court News |
2012/06/21 12:08
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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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Supreme Court says tribes must be fully reimbursed
Court News |
2012/06/18 12:59
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The Supreme Court says the government must fully reimburse Native American tribes for money they spent on federal programs.
The federal government had agreed to fully reimburse money tribes spent on programs like law enforcement, environmental protection and agricultural assistance, but Congress capped the amount of money earmarked for that reimbursement. The tribes sued, and the 10th U.S. Circuit Court of Appeals in Denver said the money must be fully reimbursed.
The high court on Monday said the Ramah Navajo Chapter and other Native American tribes must get their money back.
Justice Sonia Sotomayor wrote the majority opinion for Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Elena Kagan. Chief Justice John Roberts, and Justices Ruth Bader Ginsburg, Stephen Breyer and Samuel Alito dissented. |
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Court seems split on double jeopardy question
Court News |
2012/02/23 09:46
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The Supreme Court seemed divided Wednesday on whether to allow an Arkansas man to be retried on murder charges even though a jury forewoman said in open court that they were unanimously against finding him guilty.
Alex Blueford of Jacksonville, Ark., was charged in July 2008 in the death of 20-month-old Matthew McFadden Jr. Blueford testified at trial that he elbowed the boy in the head by accident. Authorities say the child was beaten to death.
Blueford's murder trial ended in a hung jury. The jury forewoman told the judge before he declared a mistrial that the jury voted unanimously against capital murder and first-degree murder. The jury deadlocked on a lesser charge, manslaughter, which caused the mistrial.
The Arkansas Supreme Court ruled last year that Blueford should be retried on the original charges. But Blueford's lawyers want justices to bar a second trial on capital and first-degree murder charges, saying that would violate Fifth Amendment protections preventing someone from being tried twice for the same crime. |
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