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Solar Advocates Ask Florida High Court to Invalidate Measure
Attorney News |
2016/11/02 22:46
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throw out votes cast for it.
The legal challenge was filed Wednesday with the Florida Supreme Court.
It comes after a leading proponent of Amendment 1 was recorded saying that the measure was written to appear pro-solar, even though it could end up restricting solar growth in Florida by raising costs.
Solar advocates are asking the court to revisit a previous ruling which found that Amendment 1's language was not misleading.
Sarah Bascom, spokeswoman for a utility-funded group that supports the amendment, called the legal challenge "political grandstanding" and said the amendment will protect consumers.
Amendment 1 seeks to change the state constitution to say consumers shouldn't "subsidize" solar growth. |
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Ted Cruz's Supreme Court remark draws White House criticism
Attorney News |
2016/10/29 00:00
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Sen. Ted Cruz's suggestion of an indefinite Supreme Court vacancy under a President Hillary Clinton raises questions about the credibility and integrity of Republicans who have said the next president should get to the choose who fills the vacancy, White House spokesman Josh Earnest said Thursday.
Earnest was asked during Thursday's White House press briefing about the Texas Republican's statement that there is a long historical precedent for a Supreme Court operating with fewer justices.
Earnest replied that the notion of opposing any nomination put forward by a Democratic president would be inconsistent with longstanding Senate tradition. He said historically that the Senate has evaluated candidates based on their merits.
"Republicans this year have deviated from that tradition by refusing to even consider Chief Judge Merrick Garland to fill the vacancy on the Supreme Court," Earnest said.
Cruz's comment also seemingly contradicts an earlier position he took during the GOP primary when he told CNN, "I think 2016 should be a referendum on the Supreme Court."
Sen. John McCain said earlier this month that Republicans would unite against any Supreme Court nominee that Clinton puts forward if she becomes president, though an aide later said that McCain would examine the record of anyone nominated for the high court and vote for or against that person based on their qualifications.
Obama nominated Garland in March to fill the vacancy left by the death of former Justice Antonin Scalia, but Senate Republicans, led by Majority Leader Mitch McConnell, declined to hold hearings as they insisted the voters choosing the next president would have the final say on the vacancy. |
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Court enters default judgment in Kansas voting rights case
Attorney News |
2016/10/15 05:28
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A federal court clerk entered a default judgment Tuesday against Kansas Secretary of State Kris Kobach for failing to file a timely response to a lawsuit challenging the constitutionality of a state law requiring prospective voters to prove they are U.S. citizens.
It remains unclear whether U.S. District Judge Julie Robinson will give Kobach more time to respond. If the judgment stands it would apply to all voters in all federal, state and local elections — effectively ending the state's proof-of-citizenship requirement.
Kobach did not immediately return a cellphone message, but spokeswoman Desiree Taliaferro said he would comment.
Kobach faces four separate lawsuits challenging various aspects of Kansas' voter registration law. The law, which went into effect in January 2013, requires prospective voters to submit documentary proof of citizenship such as a birth certificate, U.S. passport or naturalization papers.
Kobach, a conservative Republican, has championed the proof-of-citizenship requirement as an anti-fraud measure that keeps non-citizens from voting, including immigrants living in the U.S. illegally. Critics say such requirements suppress voter turnout, particularly among young and minority voters, and that there have been few cases of fraud in the past.
"Oftentimes judges will give an attorney who has not filed something in a timely manner another chance," said Paul Davis, an attorney for the voter who brought the lawsuit. "We will have to see whether Judge Robinson is willing to do that in this case."
Kobach could ask the judge to set aside the clerk's action, possibly on grounds that include "excusable neglect," said Mark Johnson, another attorney for the voter.
But if the clerk's action stands, it means the proof-of-citizenship requirement can't be enforced, Johnson said.
The lawsuit contends the requirement violates voters' constitutional right to right to due legal process and the right to freely travel from state to state by infringing on people's ability to vote and to sign petitions. It also contends the actions Kobach has taken to verify citizenship status discriminates against people who were born or got married in other states.
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Oklahoma Supreme Court invalidates law restricting abortion
Attorney News |
2016/10/04 19:19
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The Oklahoma Supreme Court has thrown out another state law that would put new restrictions on abortion providers.
In a unanimous opinion handed down Tuesday, all nine justices agreed that the statute adopted by the Legislature last year "contains different and unrelated purposes" in violation of the Oklahoma constitution's requirement that legislation cover a single subject.
The law encompasses four abortion-related topics: minors and parental consent; tissue preservation; inspection of clinics; and legal liability for abortion providers.
The New York-based Center for Reproductive Rights challenged the law and the state's highest court subsequently blocked it from going into effect. The center sued on behalf of Dr. Larry Burns of Norman, who performs nearly half of Oklahoma's abortions. |
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Appeals court upholds order against Pence on Syrian refugees
Attorney News |
2016/10/02 19:19
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A federal appeals court has upheld a lower court's order blocking Indiana Gov. Mike Pence from barring state agencies from helping Syrian refugees resettle in the state.
A three-judge panel for the 7th U.S. Circuit Court of Appeals in Chicago on Monday agreed with an injunction a federal judge issued in February. The judge found Pence's directive "clearly discriminates" against refugees from the war-torn nation.
The appeals court says federal law doesn't allow a governor "to deport to other states immigrants he deems dangerous."
Donald Trump's running mate, Pence, was among dozens of governors from mostly Republican states who tried to block Syrian refugees after the Paris terror attacks last November.
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