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Court orders new look at health care challenge
Legal News |
2012/11/28 05:59
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The Supreme Court has revived a Christian college's challenge to President Barack Obama's healthcare overhaul, with the acquiescence of the Obama administration.
The court on Monday ordered the federal appeals court in Richmond, Va., to consider the claim by Liberty University in Lynchburg, Va., that Obama's health care law violates the school's religious freedoms.
The court's action at this point means only that the 4th U.S. Circuit Court of Appeals must now pass judgment on issues it previously declined to rule on.
A federal district judge rejected Liberty's claims, and a three-judge panel of the 4th Circuit voted 2-1 that the lawsuit was premature and never dealt with the substance of the school's arguments. The Supreme Court upheld the health care law in June.
The justices used lawsuits filed by 26 states and the National Federation of Independent Business to uphold the health care law by a 5-4 vote, then rejected all other pending appeals, including Liberty's.
The school made a new filing with the court over the summer to argue that its claims should be fully evaluated in light of the high court decision. The administration said it did not oppose Liberty's request.
Liberty is challenging both the requirement that most individuals obtain health insurance or pay a penalty, and a separate provision requiring many employers to offer health insurance to their workers. |
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Lawyer accused of laundering money to request bail
Legal News |
2012/11/15 20:16
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A U.S. lawyer who faces charges of laundering more than $600 million for a Mexican drug cartel is scheduled to ask to be released on bail.
Marco Antonio Delgado will have his detention hearing Wednesday in federal court in El Paso, Texas.
Prosecutors say Delgado conspired to launder a cartel's drug profits from July 2007 through December 2008. The indictment doesn't say which cartel.
Delgado is a former Carnegie Mellon University trustee and gave a $250,000 endowment to create a scholarship named after him to assist Hispanic students.
A profile later removed from the university's website says he left his professional duties to work with Mexican president-elect Enrique Pena Nieto. Pena's team denies knowing Delgado. The university says the biographical information was submitted by Delgado. |
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Court blocks Ind. defunding of Planned Parenthood
Legal News |
2012/10/24 23:44
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Indiana stepped between women and their physicians when it enacted a law that blocked Medicaid funds for Planned Parenthood just because the organization provides abortions, a federal appeals court ruled Tuesday.
The 7th U.S. Circuit Court of Appeals in Chicago upheld a lower court's finding that Indiana violated federal regulations when it enacted a law that denied Planned Parenthood Medicaid funds for general health services including cancer screenings.
The ruling is the latest setback in conservative efforts in several states to cut off funding for abortion providers that judges say go too far, intruding on women's right to choose their own medical care.
On Friday, a federal judge blocked Arizona from applying a similar law to Planned Parenthood. Also last week, Texas released new rules for a state women's health program requiring officials to shut down the program entirely if a court asks the state to include providers tied to groups like Planned Parenthood. The state broke the program off from Medicaid funding after federal officials determined it violated women's right to choose their own doctor.
And earlier this month, Oklahoma withdrew federal funding to three Planned Parenthood clinics in Tulsa that for 18 years has allowed them to provide food and nutritional counseling to low-income mothers.
Ken Falk, legal director of the American Civil Liberties Union of Indiana that handled the case, said that while people often associate Planned Parenthood with abortion, it also is a critical provider of non-abortion-related health services to both women and men. |
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Court won't hear anti-gay marriage group appeal
Legal News |
2012/10/04 23:01
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The Supreme Court on Monday declined to hear an appeal from a national anti-gay marriage group that tried to thwart Maine's campaign disclosure law requiring it to release its donor list.
The high court turned aside an appeal from the National Organization for Marriage, which donated $1.9 million to a political action committee that helped repeal Maine's same-sex marriage law.
Maine's campaign disclosure law requires groups that raise or spend more than $5,000 to influence elections to register and disclose donors. NOM contends that releasing the donor list would stymie free speech and subject donors to harassment, but the lower court refused to throw out the law.
Voters repealed Maine's gay marriage law in 2009, but it's on the ballot again this November.
For now, the 2009 donor list remains under wraps.
The state ethics commission is still investigating whether NOM falls under the state's ballot question committee requirements, said its executive director, Jonathan Wayne.
"Today's decision by the Supreme Court is an important development, but no decision has been reached by the commission regarding the National Organization for Marriage's 2009 activities," he said.
Matt McTighe, campaign manager for Mainers United for Marriage, which supports the gay marriage proposal on the Nov. 6 ballot, said gay marriage supporters don't care so much about who's on NOM's list of donors but rather want the organization to play by the same rules as everybody else. |
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Justices step back from Pa. court funding dispute
Legal News |
2012/09/27 17:54
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The Pennsylvania Supreme Court is declining a request by county governments that the justices force the General Assembly to provide more money for state courts and bring more uniformity to the court system.
The court ruled unanimously on Wednesday against the County Commissioners Association of Pennsylvania and 10 counties. The decision could end litigation over funding levels and uneven standards across the state that goes back a quarter century.
Chief Justice Ronald Castille's written opinion says there's been progress in recent years and the justices believe that "further enhancements" of the state courts should be a product of cooperation among the three branches of government.
An association spokesman says he's disappointed, while spokesmen for state House and Senate leaders didn't immediately respond to messages. |
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