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Low-key days at Supreme Court may be ending soon
Court Watch |
2018/12/31 01:12
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The Supreme Court began its term with the tumultuous confirmation of Justice Brett Kavanaugh, followed by a studied avoidance of drama on the high court bench — especially anything that would divide the five conservatives and four liberals.
The justices have been unusually solicitous of each other in the courtroom since Kavanaugh's confirmation, and several have voiced concern that the public perceives the court as merely a political institution. Chief Justice John Roberts seems determined to lead the one Washington institution that stays above the political fray. Even Roberts' rebuke of President Donald Trump, after the president criticized a federal judge, was in defense of an independent, apolitical judiciary.
The next few weeks will test whether the calm can last. When they gather in private on Jan. 4 to consider new cases for arguments in April and into next term, the justices will confront a raft of high-profile appeals.
Abortion restrictions, workplace discrimination against LGBT people and partisan gerrymandering are on the agenda. Close behind are appeals from the Trump administration seeking to have the court allow it to end an Obama-era program that shields young immigrants from deportation and to put in place restrictive rules for transgender troops. |
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Pakistani court set to announce verdict against ex-PM Sharif
Court Watch |
2018/12/22 13:36
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An anti-corruption court is set to rule on two cases against Pakistan's former prime minister Nawaz Sharif.
Sharif, who was removed from office last year after being disqualified from serving his third stint as prime minister, could be sentenced to prison. He is accused of possessing assets beyond his known sources of income. He has denied any wrongdoing.
Ahead of Monday's verdict, Ahsan Iqbal, a senior leader from Sharif's opposition Pakistan Muslim League party, said "it will be unfortunate" if Sharif is sentenced.
Sharif was sentenced to 10 years in prison in July over the purchase of luxury apartments in London. He appealed that sentence and was released on bail in September.
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NC court: Counties not responsible for school underfunding
Court Watch |
2018/12/21 13:38
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North Carolina's top court says the state is responsible, not the counties, when schools are so underfunded that some children don't get the constitutionally required sound basic education.
In a decision issued Friday, the state Supreme Court ruled against parents and children in Halifax County, who contended county commissioners haven't fairly distributed tax money, hurting some students.
The Supreme Court decision says only the state has "the power to create and maintain a system of public education." The case was the first to address whether local governments have a duty to provide every child an opportunity to receive a sound basic education. In a landmark 1997 case known as Leandro, the court determined the state has that duty.
The ruling upholds an earlier decision by the state Court of Appeals. |
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Mexico's high court tosses law on policing by military
Court Watch |
2018/11/27 13:55
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Mexico's Supreme Court invalidated a controversial law signed last year that created a legal framework for the military to work in a policing role in much of the country, ruling Thursday that the measure violated the constitution by trying to normalize the use of the armed forces in public safety.
Deep-rooted corruption and ineffectiveness among local and state police forces has led Mexico to rely heavily on the military to combat drug cartels in parts of the country.
But military commanders have long expressed uneasiness about what was essentially an open-ended policing mission. The armed forces have been implicated in a number of human rights abuse cases.
On Wednesday, President-elect Andres Manuel Lopez Obrador announced a security plan that would also lean on the military. He proposed forming a National Guard initially made up of elements from the navy and army police as well as federal police.
After drawing a raft of criticism, especially from human rights groups, Lopez Obrador sought on Thursday to distinguish between his plan and his predecessors'. He said congress would seek a constitutional reform to allow it.
"Because I don't want to use the army and the navy like they have been doing for public safety work if they are not authorized to carry out those functions," Lopez Obrador said.
But the international human rights group Amnesty International said the Supreme Court's decision should cause Lopez Obrador to rethink his security plan. |
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Court: Reds exempt from tax on promotional bobbleheads
Court Watch |
2018/11/24 15:43
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Quoting the Cincinnati Reds’ long-time play-by-play announcer, the Ohio Supreme Court declared Tuesday that “this one belongs to the Reds.”
The state’s high court ruled 5-2 that the Major League Baseball franchise is exempt from paying tax on the purchase of bobbleheads and other promotional items the team offers to ticket buyers.
The opinion written by Justice Patrick Fischer warned that the ruling was specific to the case and might not apply for other sports organizations. But the Department of Taxation’s chief legal counsel, Matt Chafin, said the decision essentially shows professional teams how to avoid the “use tax” on promotional items.
Reds spokesman Rob Butcher said the club is “happy with the outcome,” but is still reviewing the opinion.
The department argued the bobbleheads should be taxed because they’re bought by the Reds as giveaways, not sold with tickets. The Reds argued they’re exempt because they resell the items as part of the ticket package and Ohio law exempts companies from paying tax on items they buy for resale.
Fischer, a Cincinnati resident, led off the opinion with a long summary of Ohio’s role in baseball history beginning in 1869, when the Cincinnati Red Stockings became the first all-professional team. There are references to Hall of Famers from Ohio including players Cy Young, Mike Schmidt and Barry Larkin, to the 1975-76 “Big Red Machine” champions, and firsts such as Larry Doby of the Cleveland Indians becoming the first black American League player and to the first night game being played in Cincinnati.
Then, in explaining the ruling, Fischer wrote that unlike a foul ball or a T-shirt shot into the stands (the Reds use a contraption called “Redzilla” to fire free T-shirts into the crowd) that fans have no expectation of receiving, they buy tickets for games that have been advertised as bobblehead games expecting to get the bobbleheads, which last season included All-Stars Joey Votto and Eugenio Suarez.
After quoting Reds’ broadcaster Marty Brennaman’s signature “this one belongs to the Reds,” Fischer as he neared the opinion’s conclusion also quoted Brennaman’s late broadcasting partner, Joe Nuxhall, saying the justices were “rounding third and heading for home.”
Dissenting Justice Mary DeGenaro wrote that the the Reds were escaping sales tax or use tax on promotional items that generally apply to similar purchases. She pointed out that the Reds often limit the promotional items, such as free to the first 30,000 fans.
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