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Supreme Court rejects states' challenge to Colorado pot law
Law Blogs | 2016/03/20 00:42
The Supreme Court has rejected an effort by Nebraska and Oklahoma to have Colorado's pot legalization declared unconstitutional.
 
The justices are not commenting Monday in dismissing the lawsuit the states filed directly at the Supreme Court against their neighbor.
   
They argued that Colorado's law allowing recreational marijuana use by adults runs afoul of federal anti-drug laws. The states also said that legalized pot in Colorado is spilling across the borders into Nebraska and Oklahoma, complicating their anti-drug efforts and draining state resources.

The Obama administration had sided with Colorado, despite the administration's opposition to making marijuana use legal.

Justices Clarence Thomas and Samuel Alito would have heard the states' lawsuit.


Court rejects AG Kane's request to reinstate law license
Law Blogs | 2016/02/09 16:19
Pennsylvania Attorney General Kathleen Kane's law license will remain suspended after the state's highest court on Friday denied her request to have it reinstated while she fights criminal charges of leaking secret grand jury material and lying about it.

The court's unanimous rejection could pave the way to an unprecedented vote in the state Senate on whether to remove her from office.

A Kane spokesman said the first-term Democrat was disappointed, but not surprised.

A Senate vote could happen in the coming weeks after a special committee spent about three months exploring the question of whether Kane could run the 800-employee law enforcement office without a law license. Senate Majority Leader Jake Corman, R-Centre, said senators will discuss the matter when they reconvene in the Capitol next week.

"It's an important issue," Corman said. "It's really unprecedented, so I think it deserves to be addressed."

In seeking to have her license reinstated, Kane argued that Justice Michael Eakin should not have participated in the suspension vote because of his involvement in a salacious email scandal.

In its one-page order, the Democrat-controlled court said Kane did not seek the recusal of Eakin "at the earliest possible time." As a result, the justices said, Kane gave up her ability to object on that basis to the court's unanimous decision in September to suspend her license.

Kane has released hundreds of emails, including some that Eakin sent and received through a private email account in the name of John Smith. Eakin, a Republican, has been suspended with pay by his fellow justices while he awaits trial before an ethics court that could result in his being kicked off the bench.



Judge finds Citgo guilty of Clean Air Act felonies
Law Blogs | 2014/02/06 16:06
A South Texas judge has fined Citgo Petroleum more than $2 million after finding it guilty of felony violations of the U.S. Clean Air Act by its Corpus Christi refinery.

U.S. District Judge John Rainey handed down his verdict and punishment Wednesday in Corpus Christi.

Dozens of residents near Citgo's Corpus Christi refinery testified that they were sickened by pollution from the refinery. The Corpus Christi Caller-Times reports prosecutors accused the Venezuelan-owned company of not installing roofs on two oil-water separator tanks the company operated between 1994 and 2003.

Dick DeGuerin of Houston, who represented Citgo, said the company will appeal the conviction.

Melissa Jarrell, a Texas A&M-Corpus Christi associate criminal justice professor, predicted the verdict could prompt other air pollution victims to seek similar prosecutions elsewhere.


Wenatchee lawyer picked for federal judgeship
Law Blogs | 2013/09/23 11:24
The White House has nominated Wenatchee lawyer Stanley Bastian to become Eastern Washington's newest federal judge.

If approved by the Senate, he would replace Judge Edward Shea on the bench in Richland.

Bastian is a 1983 University of Washington Law School graduate who has served as an assistant city attorney in Seattle and as a state Appeals Court law clerk. He joined a Wenatchee firm in 1988.

The Spokesman-Review reports in the 1990s Bastian was hired by Douglas County to defend sheriff's investigators and prosecutors who were sued for their roles in the discredited Wenatchee sex ring case.

The Tri-City Herald reports Shea was the first federal judge to be based full-time in the Tri-Cities and went on senior status in June 2012, with a reduced workload.


Health care lawyer Clement as high court regular
Law Blogs | 2012/03/11 11:48
Paul Clement used to argue for the federal government's power until he started arguing against it.

But he's no flip-flopping political candidate; he's a lawyer. Changes like this are part of his job.

Clement is playing a key role in three politically charged Supreme Court cases in which Republican-led states object to Obama administration policies or federal laws on health care, immigration and redrawing political boundaries.

In the biggest of those, the 45-year-old law school acquaintance of President Barack Obama will be trying to sink Obama's health care overhaul.

Not that long ago, Clement would regularly stand before the justices and defend even the most aggressive uses of federal power, making his case without written notes and parrying questions with an easy banter.

He argued for the Bush administration's policy on detaining suspected terrorists, a federal law outlawing a medical procedure called "partial-birth abortion" by opponents, the McCain-Feingold law aimed at limiting the influence of money in politics and a federal ban on the use of marijuana for medical purposes.



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