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Decisions in last 3 Supreme Court cases expected Monday
Law & Court News | 2015/06/27 15:11
The Supreme Court is meeting for the final time until the fall to decide three remaining cases and add some new ones for the term that starts in October.

The court decided its two blockbuster cases last week by declaring the right of same-sex couples to marry in all 50 states and upholding a critical part of the health care overhaul.

The three remaining cases that are expected to be decided Monday raise important questions about a controversial drug that was implicated in botched executions, state efforts to reduce partisan influence in congressional redistricting and costly Environmental Protection Agency limits on the emission of mercury and other toxic pollutants from power plants.

The justices also could add important cases for next term on abortion, affirmative action and the power of unions that represent government workers.

Here are more details about the three undecided cases:

—Lethal injection: Death-row inmates in Oklahoma are objecting to the use of the sedative midazolam in lethal-injection executions after the drug was implicated in several botched executions. Their argument is that the drug does not reliably induce a coma-like sleep that would prevent them from experiencing the searing pain of the paralytic and heart-stopping drugs that follow sedation.

—Independent redistricting commissions: Roughly a dozen states have adopted independent commissions to reduce partisan politics in drawing congressional districts. The case from Arizona involves a challenge from Republican state lawmakers who complain that they can't be completely cut out of the process without violating the Constitution.


Man pleads guilty to charge over noose on Ole Miss statue
Law & Court News | 2015/06/17 14:06
A federal prosecutor said in court Thursday that Graeme Phillip Harris hatched a plan, after a night of drinking at a University of Mississippi fraternity house, to hang a noose on a campus statue of James Meredith, the first black student at Ole Miss.

Harris, who is white, pleaded guilty Thursday to a misdemeanor charge of threatening force to intimidate African-American students and employees at the university. Prosecutors agreed to drop a stiffer felony charge in exchange for the plea arising from the incident last year.

The 20-year-old Harris faces up to a year in jail and a fine of up to $100,000. U.S. District Judge Michael Mills said sentencing will be within 60 to 90 days, and he allowed Harris to remain free on a $10,000 bond.

Assistant U.S. Attorney Bob Norman told Mills that Harris, who had a history of using racist language and saying African Americans were inferior to whites, proposed the plan to two fellow freshmen while at the Sigma Phi Epsilon fraternity house on the night of Feb 15, 2014.

That led to the plan to hang the noose and a former Georgia state flag that features the Confederate battle flag on the statue of Meredith, in a jab at Ole Miss' thorny racial history.

When a federal court ordered the university to admit Meredith in 1962, the African-American student had to be escorted onto campus by armed federal agents. The agents were attacked during an all-night riot that claimed two lives and was ultimately quelled by federal troops.

After the noose and flag were placed on the statue, Norman said Harris and one of the other freshmen returned at sunrise on Feb. 16 to observe and were filmed by a video camera at the Ole Miss student union.



Appeals court sets aside conviction of bin Laden assistant
Law & Court News | 2015/06/11 12:21
A federal appeals court has set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden's personal assistant and public relations secretary.
   
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the conspiracy case against the detainee was legally flawed because conspiracy is not a war crime. The detainee is Ali Hamza al-Bahlul.

The system of military commissions was created by the administration of President George W. Bush after the Sept. 11 terrorist attacks.

The Obama administration argued that Congress acted within its authority in making conspiracy a crime that could be tried by military commission.

Al-Bahlul's lawyers argued that military commissions can only try offenses under the law of war.



Health law court case winner could be political loser
Law & Court News | 2015/06/04 22:39
The party that wins the impending Supreme Court decision on President Barack Obama's health care law could be the political loser.
 
If the Republican-backed challenge to the law's subsidies for lower-earning Americans prevails, the GOP would have achieved a paramount goal of severely damaging "Obamacare." But Republican lawmakers would be pressured to help the millions of Americans who could suddenly find government-mandated medical coverage unaffordable — and they'd face blame from many voters if they failed to provide assistance.

"If you win the case you actually have people who lost their insurance. You now share the responsibility for fixing it," said former Rep. Tom Davis, R-Va., who once led the House GOP campaign committee. "And you've got a lot of pissed off people. That hurts you."

Should the Obama administration win, relieved Democrats would crow that Obama's foremost domestic achievement had stood unscathed. But some say they'd have lost a potentially powerful cudgel for the 2016 campaigns: Being able to accuse Republicans of ending the assistance and disrupting health coverage for many.

If Democrats lose in court, "It completely reverses the issue and puts us back on offense on health care," said Rep. Steve Israel, D-N.Y., one of his party's chief message crafters.


Pandora loses to BMI in court hearing, vows to appeal
Law & Court News | 2015/05/16 16:54
Pandora Media Inc. lost a court hearing Thursday in a dispute with music publishing rights group BMI over royalty rates, but the Internet streaming leader said it will appeal.

Pandora said it's confident it can win later since the appeals court — the 2nd U.S. Circuit Court of Appeals in New York — last week ruled in its favor in a case against the other major publishing group known as ASCAP.

Thursday's ruling would force Pandora to pay 2.5 percent of its revenue to songwriters and music publishers, up from 1.75 percent. Last week's appeals court ruling allowed Pandora's 1.85 percent rate to ASCAP to stay intact.

If the appeal fails, Pandora says its costs could rise by 0.8 percent of revenue, which would have amounted to about $1.7 million last quarter.

BMI called the ruling a victory for the more than 650,000 songwriters, composers and publishers it represents.


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