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Breyer says Supreme Court not diminished with only 8 members
Opinions |
2016/05/22 23:29
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Justice Stephen Breyer said Monday that the Supreme Court has not been diminished by having only eight members since the death of Justice Antonin Scalia in February.
Breyer suggested in response to questions at an awards ceremony at the Library of Congress that Scalia would have made a difference in only four or five cases out of more than 70 the court will decide this term.
"We may divide 4-4 in four or five cases, we may not," Breyer said of the term than will end in June.
That could include some of the term's biggest cases involving abortion and immigration. A tie vote would leave the lower court ruling in place and prevent the court from setting a legal precedent that applies to the entire country.
The court has already deadlocked in three cases, including a high-profile dispute over public-sector labor unions. And last week, the justices returned a dispute over access to birth control to lower courts, suggesting they could not form a majority that would have settled a major conflict over the scope of the nation's health care law.
Breyer stressed that the court in recent years has ruled unanimously about half the time and divided 5-4 in only a small percentage of cases. Chief Justice John Roberts and Justices Samuel Alito and Elena Kagan also have said in recent public comments that the court would find its way until a ninth justice is confirmed.
Breyer did not address the partisan debate over whether the Senate should confirm Judge Merrick Garland, nominated by Obama to take Scalia's seat. Senate Republicans have refused to hold a hearing on Garland's confirmation or schedule a vote, saying the choice should be left to Obama's successor.
Breyer was at the ceremony, the Burton Awards for Legal Achievement, to receive an award for his latest book about the use of foreign law in American courts.
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Maryland high court issues opinion in Gray case
Legal Interview |
2016/05/21 23:30
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Maryland's highest court has released an opinion explaining its recent decision to force an officer charged in the death of Freddie Gray to testify against his colleagues.
The Maryland Court of Appeals issued its opinion Friday. Chief Judge Mary Ellen Barbara writes that compelling Officer William Porter to testify while he awaits retrial is not a violation of his Fifth Amendment right not to incriminate himself. The judge says there are ways to ensure that the testimony, which is protected by immunity, doesn't make it into his retrial. Porter's trial ended in a hung jury in December.
Gray died April 19, 2015, a week after his neck was broken in a police van. Six officers were charged in his death. One of them, Officer Edward Nero, is currently on trial. |
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Indiana court to hear woman's appeal of feticide conviction
Topics |
2016/05/21 23:29
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Attorneys for an Indiana woman found guilty of killing the premature infant she delivered after ingesting abortion-inducing drugs will ask an appeals court Monday to throw out the convictions that led to her 20-year prison sentence.
At issue is Indiana's feticide statute, which the defense says was "passed to protect pregnant women from violence" that could harm their developing fetus, not to prosecute women for their own abortions. The state says that law "is not limited to third-party actors" and can apply to pregnant women.
Attorneys for 35-year-old Purvi Patel will urge the Indiana Court of Appeals to reverse her 2015 convictions on charges of feticide and neglect of a dependent resulting in death. The state's attorney general's office will defend the northern Indiana jury's decision.
Patel, of Granger, was arrested in July 2013 after she sought treatment at a local hospital for profuse bleeding after delivering a 1½-pound infant boy and putting his body in a trash bin behind her family's restaurant. Court records show Patel purchased abortion-inducing drugs online through a pharmacy in Hong Kong, took those drugs and delivered a premature baby in her home bathroom. |
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Planned Parenthood shooting defendant returning to court
Court Watch |
2016/05/11 10:43
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A man who admitted killing three people at a Colorado Planned Parenthood clinic is returning to court for the continuation of a hearing on whether he's mentally competent to stand trial.
A psychologist who examined 57-year-old Robert Dear is scheduled to testify Tuesday.
Dear is charged with 179 counts including murder, attempted murder and assault in the Nov. 27 shootings at the Colorado Springs clinic. Nine people were injured in the attack.
In court, he has declared himself a "warrior for the babies" and said he was guilty.
The hearing started last month, when two psychologists testified that Dear isn't competent to stand trial.
If the judge agrees, Dear's case would be put on hold while he undergoes treatment at a state psychiatric hospital intended to restore him to competency.
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Kansas Supreme Court reviews lawmakers' school aid changes
Court Watch |
2016/05/10 10:43
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Attorneys for Kansas hope to persuade the state Supreme Court that recent changes in the state's education funding system are fair enough to poor districts that the justices can abandon a threat to shut down public schools.
The high court was set to hear arguments Tuesday on whether the technical changes legislators made earlier this year comply with a February order from the justices to improve funding for poor school districts. The changes leave most districts' aid unchanged and don't boost overall education spending.
Lawyers for four school districts suing the state contend legislators' work shouldn't satisfy the Supreme Court because aid to all poor districts didn't increase. But the state's attorneys have submitted more than 950 pages of documents in an attempt to show that lawmakers' solution was in keeping with past court decisions.
"I'm hopeful the Supreme Court's going to take what the Legislature has done and say it's an appropriate answer," Republican Gov. Sam Brownback told reporters ahead of the arguments.
The Dodge City, Hutchinson, Wichita and Kansas City, Kansas, districts sued the state in 2010, arguing that Kansas spends too little on its schools and unfairly distributes the aid it does provide, more than $4 billion a year.
The court concluded in February that lawmakers hadn't done enough to ensure that poor districts keep up with wealthy ones. The justices ordered lawmakers to fix the problems by June 30 or face having schools shut down.
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El Salvador court takes up case on ex-president's finances
Politics |
2016/05/09 10:43
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A court in El Salvador has agreed to consider a civil case against former President Mauricio Funes, his wife and one of his sons for possible illicit enrichment.
The San Salvador court press office said Saturday that several government institutions have been ordered to hand over information related to the family's finances, properties and businesses.
Under scrutiny is some $728,000 in unexplained income and expenditures. Funes has 20 days to respond to present evidence in his defense.
The former president has criticized the allegations in the past. He said some of the Supreme Court justices who voted to order the lower court to open the case in February had previously attacked his government while sitting on the Constitutional Court.
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