Saturday, June 29, 2019

Supreme Court to review Montana school choice program

The Supreme Court will consider reviving a Montana program that gives tax credits to people who donate to private-school scholarships. The state’s highest court had struck down the program because it violated the Montana constitution’s ban on state aid to religious organizations. The justices say Friday that they will review the state court ruling, which Montana parents are challenging as a violation of their religious freedom under the U.S. Constitution. The Montana Supreme Court ruled that the program giving tax credits of up to $150 for donations to organizations that give scholarships to private-school students amounts to indirect aid to schools controlled by churches. The Republican-led Legislature passed the law in 2015 as an alternative to a school voucher program designed to give students who want to attend private schools the means to do so. Most private schools in Montana have religious affiliations, and more than 90 percent of the private schools that have signed up with scholarship organizations under the program are religious. The state court ruling invalidated the entire program, for religious and secular schools alike. In urging the Supreme Court to reject the appeal, Montana said it can’t be compelled to offer a scholarship program for private education. The state told the justices that the Montana court decision did not single out students at religious schools because the state court ruling struck down the entire program. Montana is one of 18 states that offer scholarship tax-credit programs, according to EdChoice, an organization that promotes school-choice programs. Tax credits are one of several ways states have created programs to boost private schools or defray their tuition costs, with others including vouchers, individual tax credits or deductions and education savings accounts.

Sunday, June 16, 2019

Oregon city stops jailing poor who can't pay court debts

The eastern Oregon city of Pendleton has stopped jailing people unable to pay fines, a city official said, following the settlement of a federal lawsuit contending city officials were running a debtors' prison. The East Oregonian reports in a story on Saturday that city attorney Nancy Kerns said city court officials recently adopted new policies that ban the use of jail time for fines arising from minor violations. "No person shall be incarcerated for the inability and lack of financial resources to pay financial obligations to the Court, including fines, costs and restitution," the policy states. The policy also requires the city court to consider defendants' ability to pay and appoint attorneys to indigent defendants who face jail time. Anglea Minthorn spent nearly two months in jail in 2017 for owing about $1,000. She sued in early 2018, contending the city was violating the U.S. Constitution by incarcerating a debtor unable to pay the debt. Minthorn's "experience is not unique," the lawsuit said. "It is a reflection of how defendants operate a modern-day debtors' prison in which people who cannot afford to pay court-imposed fines arising out of minor violations are arrested, incarcerated, and fined further." The lawsuit described Minthorn as a low-income person with disabilities who struggled to get stable housing, medical care and food. The lawsuit said she was hospitalized for 74 days in 2016 because of stroke-like symptoms.

Sunday, May 26, 2019

Utah judge suspended for making anti-Trump comments

A longtime Utah judge has been suspended without pay for six months after making critical comments online and in court about President Donald Trump, including a post bashing his “inability to govern and political incompetence.” Judge Michael Kwan’s posts on Facebook and LinkedIn in 2016-2017 violated the judicial code of conduct and diminished “the reputation of our entire judiciary,” wrote Utah State Supreme Court Justice John A. Pearce in an opinion posted Wednesday. Kwan’s Facebook account was private but could have been shared by friends, Pearce wrote. “Judge Kwan’s behavior denigrates his reputation as an impartial, independent, dignified, and courteous jurist who takes no advantage of the office in which he serves,” Pearce said. Kwan has been a justice court judge in the Salt Lake City suburb of Taylorsville since 1998. He deals with misdemeanor cases, violations of ordinances and small claims. He was first appointed by elected city officials to a six-year term and was retained in the position by voters. Kwan argued the suspension was inappropriate and an unlawful attempt to regulate his constitutionally protected speech, Pearce wrote in the opinion.

Monday, May 20, 2019

South Africa ex-president Jacob Zuma in court for corruption

Former South African president Jacob Zuma is in court facing charges of corruption, money laundering and racketeering. Zuma, 77, appeared at the High Court in Pietermaritzburg in eastern KwaZulu-Natal province Monday on charges of receiving bribes when the government purchased arms in 1999. Zuma was South Africa's president from 2009 until 2018, when he was forced to resign by his ruling African National Congress party amid persistent allegations of corruption. The criminal charges against Zuma were first raised more than 10 years ago but were withdrawn by the National Prosecution Authority in 2008. The charges were reinstated after a court ruled that there are sufficient grounds to bring him to trial. Zuma's former financial adviser, Schabir Shaik, was in 2005 convicted of fraud and corruption.

Tuesday, May 7, 2019

News attorneys: Opioid distribution data should be public

Attorneys for news organizations argued Thursday that the U.S. public should be allowed to see federal data about how prescription opioids were distributed as the nation’s overdose crisis was worsening. They urged a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati to overturn a lower court judge’s denial of access to the information. The judges will rule later. “The value of transparency here is great,” said Karen C. Lefton, an Akron, Ohio, attorney representing The Washington Post. The data concerns “a public health crisis” that affects many more people than a typical case, she said. The data is a key piece of evidence in hundreds of lawsuits filed by state and local governments against companies that make and distribute the drugs. The U.S. Drug Enforcement Administration database details the flow of prescription painkillers to pharmacies, showing the number and doses of pills. A Justice Department attorney told the judges releasing the data would compromise investigations. “This is an issue of really critical importance to the United States and DEA,” said government attorney Sarah Carroll. Making the information public, she said, “would tip defendants off to the scope of DEA investigations.” Cleveland-based U.S. District Judge Dan Polster, who is overseeing more than 1,500 of the lawsuits, had ruled in July 2018 that the information cannot be made public. He said that doing so would reveal trade secrets. The Post and the HD Media newspaper chain, which had asked the court for the data, then appealed to the federal circuit.

Thursday, April 18, 2019

Supreme Court asked to void Louisiana abortion clinic law

A Louisiana abortion clinic is asking the Supreme Court to strike down regulations that could leave the state with just one clinic. A divided high court had previously agreed to block the law pending a full review of the case. An appeal being filed with the court Wednesday says the justices should now take the next step and declare the law an unconstitutional burden on the rights of women seeking an abortion. The Louisiana provision is similar to a Texas law the court struck down in 2016. If the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the high-profile abortion issue in spring 2020, in the midst of the presidential election campaign. The case presents a swirling mix of the changed court’s views on abortion rights and its respect for earlier high court decisions. Louisiana’s law requires abortion providers to have admitting privileges at nearby hospitals. The justices said in 2016 that a Texas law provided “few, if any, health benefits for women.” But the composition of the court has changed since then. President Donald Trump has put two justices, Neil Gorsuch and Brett Kavanaugh, on the court. Kavanaugh replaced Justice Anthony Kennedy, who voted to strike down the Texas law. Trump had pledged during the campaign to appoint “pro-life” justices, and abortion opponents are hoping the more conservative bench will be more open to upholding abortion restrictions. Louisiana abortion providers and a district judge who initially heard the case said one or maybe two of the state’s three abortion clinics would have to close under the new law. There would be at most two doctors who could meet its requirements, they said. But the appeals court in New Orleans rejected those claims, doubting that any clinics would have to close and saying the doctors had not tried hard enough to establish relationships with local hospitals. In January, the full appeals court voted 9-6 not to get involved in the case, setting up the Supreme Court appeal. In February, the justices split 5-4 to keep the law on hold. Chief Justice John Roberts, a dissenter in the 2016 case from Texas, joined with the court’s four liberal justices to temporarily block the Louisiana measure.

Friday, April 5, 2019

Loughlin, Huffman due in court in college admissions scam

Actresses Lori Loughlin and Felicity Huffman faced court appearances Wednesday on charges they took part in the college bribery scandal that has ensnared dozens of wealthy parents. The actresses along with Loughlin’s fashion designer husband, Mossimo Giannulli, and dozens of others were charged last month in a scheme in which authorities say parents paid an admissions consultant to bribe college coaches and rig test scores to get their children into elite universities. Huffman, Loughlin and Giannulli, whose Mossimo clothing had long been a Target brand, have not publicly commented on the allegations. They were set to make their first appearances in Boston’s federal court along with other parents charged in the scheme. Loughlin, who played Aunt Becky on the sitcom “Full House” in the 1980s and ’90s, and Giannulli are accused of paying $500,000 to have their two daughters labeled as recruits to the University of Southern California crew team, even though neither participated in the sport. The Hallmark Channel — where Loughlin starred in popular holiday movies and the series “When Calls the Heart” — cut ties with Loughlin a day after her arrest. Loughlin and Giannulli’s daughter, social media star Olivia Jade Giannulli, was dropped from advertising deals with cosmetics retailer Sephora and hair products company TRESemme.