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.

Friday, March 29, 2019

Australian man loses bullying-by-breaking wind court case

An Australian appeals court on Friday dismissed a bullying case brought by an engineer who accused his former supervisor of repeatedly breaking wind toward him. The Victoria state Court of Appeal upheld a Supreme Court judge's ruling that even if engineer David Hingst's allegations were true, flatulence did not necessarily constitute bullying. Hingst said he would take his case to the High Court, Australia's final court of appeal. The 56-year-old is seeking 1.8 million Australian dollars ($1.3 million) damages from his former Melbourne employer, Construction Engineering. Hingst testified that he had moved out of a communal office space to avoid supervisor Greg Short's flatulence. Hingst told the court that Short would then enter Hingst's small, windowless office several times a day and break wind. Hingst "alleged that Mr. Short would regularly break wind on him or at him, Mr. Short thinking this to be funny," the two appeal court judges wrote in their ruling. Hingst said he would spray Short with deodorant and called his supervisor "Mr. Stinky." "He would fart behind me and walk away. He would do this five or six times a day," Hingst said outside court. Short told the court he did not recall breaking wind in Hingst's office, "but I may have done it once or twice." Hingst also accused Short of being abusive over the phone, using profane language and taunting him. The appeal judges found Hingst "put the issue of Mr. Short's flatulence to the forefront" of his bullying case, arguing that "flatulence constituted assaults." The court found that Short did not bully or harass Hingst. Hingst had failed to establish that Construction Engineering had been negligent.

Monday, March 11, 2019

Case about indigent drivers and drivers' licenses in court

A federal court judge will hear motions in a lawsuit over a North Carolina law that mandates the revocation of drivers' licenses for unpaid traffic tickets even if the driver can't afford to pay. Advocacy groups sued in May, seeking to declare the law unconstitutional. A hearing will be held Wednesday in Winston-Salem on motions for a preliminary injunction and class certification. The judge also will consider a motion by the defendant, the commissioner of the Division of Motor Vehicles, for a judgment in his favor. The American Civil Liberties Union and other groups sued on behalf of indigent residents facing license revocation or whose licenses have been revoked. They're asking that a judge declare the law unconstitutional, saying it violates due process rights under the 14th Amendment.

Tuesday, February 26, 2019

Governor says 'no executions' without court-backed drugs

Recent statements and actions by Gov. Mike DeWine suggest Ohio could go years without executing another death row inmate. Last month, the Republican governor ordered the prison system to come up with a new lethal drug protocol after a federal judge's scathing critique of the first drug in Ohio's method. Last week, DeWine said Ohio "certainly could have no executions" during that search and the court challenges that would follow adopting a new system. After Ohio started looking for new drugs in 2014, it took the state more than three years to establish its current three-drug lethal injection protocol. Since then, it has become even more difficult for states to find drugs, meaning a new search could easily last as long. The first drug in Ohio's new system, the sedative midazolam, has been subject to lawsuits that argue it exposes inmates to the possibility of severe pain because it doesn't render them deeply enough unconscious. Because of Ohio's use of midazolam, federal Judge Michael Merz called the constitutionality of the state's system into question in a Jan. 14 ruling and said inmates could suffer an experience similar to waterboarding.

Dominion to ask Supreme Court to hear pipeline appeal

Dominion Energy said Tuesday it will ask the U.S. Supreme Court to hear its appeal after a lower court refused to reconsider a ruling tossing out a permit that would have allowed the Atlantic Coast Pipeline to cross two national forests, including parts of the Appalachian Trail. Lead pipeline developer Dominion said it expects the filing of an appeal in the next 90 days. On Monday, the 4th U.S. Circuit Court of Appeals rejected a request for a full-court rehearing from Dominion and the U.S. Forest Service. A three-judge panel ruled in December that the Forest Service lacks the authority to authorize the trail crossing and had "abdicated its responsibility to preserve national forest resources" when it approved the pipeline crossing the George Washington and Monongahela National Forests, as well as a right-of-way across the Appalachian Trial. The 605-mile (974-kilometer) natural gas pipeline would originate in West Virginia and run through North Carolina and Virginia. The appellate ruling came in a lawsuit filed by the Southern Environmental Law Center on behalf of the Sierra Club, Virginia Wilderness Committee and other environmental groups. The denial "sends the Atlantic Coast Pipeline back to the drawing board," the law center and Sierra Club said in a joint statement on Monday.

Wednesday, February 13, 2019

Court upholds order to unseal records in brazen lynching

A historian who has spent years looking into the unsolved lynching of two black couples in rural Georgia more than 70 years ago hopes some answers may finally be within his grasp. A federal appeals court on Monday upheld a lower court ruling to unseal the transcripts of the grand jury proceedings that followed a monthslong investigation into the killings. Roger and Dorothy Malcom and George and Mae Murray Dorsey were riding in a car that was stopped by a white mob at Moore's Ford Bridge, overlooking the Apalachee River, in July 1946. They were pulled from the car and shot multiple times along the banks of the river. Amid a national outcry over the slayings, President Harry Truman sent the FBI to rural Walton County, just over 50 miles (80 kilometers) east of Atlanta. Agents investigated for months and identified dozens of possible suspects, but a grand jury convened in December 1946 failed to indict anyone. Anthony Pitch, who wrote a 2016 book on the lynching — "The Last Lynching: How a Gruesome Mass Murder Rocked a Small Georgia Town" — has sought access to the grand jury proceedings, hoping they may shed some light on what happened.