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Federal appeals court to rehear Texas voter ID case
Court Watch | 2016/03/15 04:58

A federal appeals court will hold a new hearing on whether a Texas voter ID law has discriminatory effects on minorities ? a potential blow to the Obama administration's efforts to fight new ballot-box restrictions passed by conservative legislatures around the country.

A three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans ruled in August that the 2011 Texas law requiring 14.6 million registered voters to show picture identification at the polls violates parts of the federal Voting Rights Act. But an order issued late Wednesday says a majority of the full court, which currently has 15 members, voted to hear the case again.  

The order was issued without additional opinion, and a new hearing date hasn't been set.

Texas was allowed to enforce the voter ID law during elections in 2014 and during last week's primary. Supporters say it prevents fraud, but opponents argue its true intent is to make voting tougher for older, poor and minority voters who tend to support Democrats and are less likely to have the mandated forms of identification.

In a statement, state Attorney General Ken Paxton called the order "a strong step forward in our efforts to defend the state's Voter ID laws."

"We look forward to presenting our case before the full Fifth Circuit," said Paxton, a Republican who has been indicted on felony securities fraud charges stemming from actions he took before becoming attorney general in January 2015.



African-American voters see court fight as affront to Obama
Court Watch | 2016/02/27 22:45

Watching the fight unfold between President Barack Obama and Senate Republicans over who should choose the next Supreme Court justice, Michael A. Bowden got angry at what he saw at the latest affront to the first black president.

And then his thoughts turned from Washington to his own state.

Obama won't be on the ballot this fall, but Pennsylvania GOP Sen. Pat Toomey will ? and Bowden has made defeating him in November a priority.

"This kind of thing really burns me to the core," said Bowden, a 56-year-old Air Force veteran from Philadelphia. "I've already started planting the seed in people's heads that Sen. Toomey is one of those people in lockstep with the Republicans. This could give him a wake-up call that he could be vulnerable as well."

Democrats are pressuring senators in Pennsylvania, Ohio, New Hampshire, Illinois and Wisconsin to back down from their refusal to confirm or even consider Obama's nominee to succeed the late Antonin Scalia or face the consequences in November.



California High Court Allows Gov. Jerry Brown's Prison Initiative
Court Watch | 2016/02/25 22:45

California's Supreme Court is allowing Gov. Jerry Brown's bid to put his plan to reduce the state's prison population before voters in November.

The high court acted Friday after Brown warned that further delay could push voters' consideration to 2018.

The justices put on hold a lower court ruling that barred the state attorney general from issuing the documents that would let Brown's supporters gather the signatures needed to put his initiative on this year's ballot.

The Sacramento-based judge ruled that Brown improperly amended a juvenile justice initiative. The Democratic governor added his proposal to increase sentencing credits for adult inmates and allow earlier parole for non-violent felons.

Brown says it is too late to start over and still collect the nearly 586,000 signatures needed for a ballot measure this year.



Supreme Court puts Obama's climate change plan on hold
Court Watch | 2016/02/10 21:11

A divided Supreme Court agreed Tuesday to halt enforcement of President Barack Obama's sweeping plan to address climate change until after legal challenges are resolved.

The surprising move is a blow to the administration and a victory for the coalition of 27 mostly Republican-led states and industry opponents that call the regulations "an unprecedented power grab." By temporarily freezing the rule the high court's order signals that opponents have made a strong argument against the plan. A federal appeals court last month refused to put it on hold.

The court's four liberal justices said they would have denied the request. The plan aims to stave off the worst predicted impacts of climate change by reducing carbon dioxide emissions at existing power plants by about one-third by 2030. Appellate arguments are set to begin June 2. The compliance period starts in 2022, but states must submit their plans to the Environmental Protection Administration by September or seek an extension.

Many states opposing the plan depend on economic activity tied to such fossil fuels as coal, oil and gas. They argued that power plants will have to spend billions of dollars to begin complying with a rule that may end up being overturned.

Implementation of the rules is considered essential to the United States meeting emissions-reduction targets in a global climate agreement signed in Paris last month. The Obama administration and environmental groups also say the plan will spur new clean-energy jobs.




High court seems skeptical of mandatory public union fees
Court Watch | 2016/01/21 21:12

The Supreme Court appears ready to deliver a major setback to American unions as it considers scrapping a four-decade precedent that lets public-sector labor organizations collect fees from workers who decline to join.

During more than an hour of oral arguments Monday, the high court's conservative justices seemed likely to side with a group of California teachers who say those mandatory fees violate the free-speech rights of workers who disagree with a union's positions.

Labor officials fear unions' very existence could be threatened if workers are allowed to get all the benefits of representation without at least paying fees to cover the costs of collective bargaining. The case affects more than 5 million workers in 23 states and Washington, D.C.


But Justice Anthony Kennedy rejected arguments by lawyers for the state of California and the California Teachers Association that the current fee system is needed to prevent non-members from becoming "free riders" ? workers who reap the rewards of union bargaining and grievance procedures without paying for it.

"The union basically is making these teachers compelled riders for issues on which they strongly disagree," Kennedy said, noting the political nature of bargaining issues like teacher salaries, merit promotions and class size.


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