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High court won't hear challenge to Vermont campaign law
Court Watch | 2015/01/13 12:42
The Supreme Court won't hear a challenge to part of Vermont's campaign finance laws that impose contribution limits on political action committees.

The justices on Monday declined to hear an appeal from the Vermont Right to Life Committee, an anti-abortion group. The group argued that Vermont's campaign finance registration, reporting and disclosure requirements for PACs were too broad and unconstitutional.

The group argued that a subcommittee it created should not be subject to Vermont's $2,000 limit on contributions to PACs because the subcommittee does not give money directly to candidates and makes only independent expenditures.

But a federal judge rejected those arguments, finding that there was no clear accounting between the two committees. A federal appeals court agreed.


Court won't hear free speech challenge to metals dealers law
Court Watch | 2015/01/13 12:41
The Supreme Court won't consider the constitutionality of an Ohio law that bars precious metals dealers from advertising without a license.

The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.

Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.

A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year.


Idaho gay marriage fight appealed to Supreme Court
Court Watch | 2015/01/05 15:36
Idaho's governor and attorney general have filed separate petitions to the U.S. Supreme Court, fighting against gay marriage and arguing that the state's case has national consequences.

Same-sex marriage has been legal in Idaho since an October ruling by the 9th U.S. Circuit Court of Appeals, which has struck down bans across the West.

Attorney General Lawrence Wasden's filing Friday states that the issue is a matter of a state's right to define marriage without the federal government's involvement.

"This case presents the Court with the opportunity to resolve a divisive split on a question of nationwide importance: Whether the United States Constitution now prohibits states from maintaining the traditional definition of civil marriage, i.e., between one man and one woman," Wasden said in the petition.

Gov. Butch Otter's petition, filed Tuesday, states that the high court should review Idaho's case alone or in addition to a pending case involving the 6th U.S. Circuit Court of Appeals that upheld the right of Kentucky, Michigan, Ohio and Tennessee to decide whether to allow gay marriage.


Court to consider when second mortgage can be void
Court Watch | 2014/11/17 15:43
The Supreme Court will decide whether homeowners who declare bankruptcy can void a second mortgage if the home's market value has dropped below the amount they owe on their first mortgage.

The justices said Monday they will consider two appeals from Bank of America Corp., which asserts that bankrupt homeowners should not be able to "strip off" a second loan even if they are underwater on primary loans.

In both appeals, bankruptcy courts allowed Florida homeowners to nullify second loans held by Bank of America. The Atlanta-based 11th U.S. Circuit Court of Appeals affirmed, but Bank of America says the rulings conflict with other appeals courts and Supreme Court precedent.

Hundreds of homeowners have moved to void underwater second mortgages since the 11th Circuit endorsed the practice two years ago.


Case of American jailed in Cuba back in US court
Court Watch | 2014/09/22 16:28
An attorney for a Maryland man who has spent over four years jailed in Cuba argued before a federal appeals court that his client should be allowed to sue the U.S. government over his imprisonment.

An attorney for Alan Gross, who was a government subcontractor when he was detained in Cuba in 2009, appeared Friday before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit.

A lower court judge dismissed Gross' lawsuit against the government in 2013, but Gross' lawyers appealed.

Gross was arrested while setting up Internet in Cuba as part of a project for the government's U.S. Agency for International Development. Cuba considers USAID's programs illegal attempts by the U.S. to undermine its government and Gross was given a 15-year prison sentence.


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