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Supreme Court could put new limits on voting rights lawsuits
Corporate Governance Law |
2021/03/01 11:30
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Eight years after carving the heart out of a landmark voting rights law, the Supreme Court is looking at putting new limits on efforts to combat racial discrimination in voting.
The justices are taking up a case about Arizona restrictions on ballot collection and another policy that penalizes voters who cast ballots in the wrong precinct.
The high court’s consideration comes as Republican officials in the state and around the country have proposed more than 150 measures, following last year’s elections, to restrict voting access that civil rights groups say would disproportionately affect Black and Hispanic voters.
A broad Supreme Court ruling would make it harder to fight those efforts in court. Arguments are set for Tuesday via telephone, because of the coronavirus pandemic.
“It would be taking away one of the big tools, in fact, the main tool we have left now, to protect voters against racial discrimination,” said Myrna Perez, director of the Brennan Center for Justice’s voting rights and elections program.
Arizona Attorney General Mark Brnovich, a Republican, said the high court case is about ballot integrity, not discrimination. “This is about protecting the franchise, not disenfranchising anyone,” said Brnovich, who will argue the case on Tuesday.
President Joe Biden narrowly won Arizona last year, and since 2018, the state has elected two Democratic senators.
The justices will be reviewing an appeals court ruling against a 2016 Arizona law that limits who can return early ballots for another person and against a separate state policy of discarding ballots if a voter goes to the wrong precinct.
The 9th U.S. Circuit Court of Appeals ruled that the ballot-collection law and the state policy discriminate against minority voters in violation of the federal Voting Rights Act and that the law also violates the Constitution.
The Voting Rights Act, first enacted in 1965, was extremely effective against discrimination at the ballot box because it forced state and local governments, with a history of discrimination, including Arizona, to get advance approval from the Justice Department or a federal court before making any changes to elections.
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Polish court rules record compensation for wrongful jailing
Corporate Governance Law |
2021/02/10 13:25
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A Polish court on Monday ordered a record high compensation of nearly 13 million zlotys ($3.4 million) to a man who had spent 18 years in prison for a rape and murder of a teenager he didn’t commit.
Tomasz Komenda’s case has shocked Poland, and the right-wing government highlighted it as an example of why it says the justice system needs the deep changes it has been implementing.
Komenda, now in his mid-40s was arrested in 2000 over a 1997 rape and murder of a 15-year-old girl at a New Year’s village disco party. He was initially handed a 15-year prison term, which was later increased to 25 years, despite him protesting his innocence.
As a result of family efforts, the prosecutors reviewed the case and came to the conclusion that he couldn’t have committed the crime. Komenda was cleared after DNA tests, among other factors, showed that he wasn’t involved.
Komenda was acquitted of all charges and released in 2018, having wrongfully served 18 years of his term. He had been seeking 19 million zlotys ($5 million) in damages and in compensation.
A court in Opole ruled Monday that he should receive most of that amount — the highest ever compensation awarded in Poland. The verdict is subject to appeal.
Two other men have been convicted and handed 25-year prison terms in the 1997 case. Komenda’s story was told in 2020 Polish movie “25 Years of Innocence. The Case of Tomek Komenda.” |
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Louisiana Supreme Court has a new chief justice, John Weimer
Corporate Governance Law |
2021/01/10 11:54
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The Louisiana Supreme Court has a new chief justice. John Weimer, 66, of Thibodaux, took the oath of office this month as the state’s 26th chief justice. A ceremony marking his investiture was held in New Orleans on Thursday. Weimer fills the seat vacated by Bernette Joshua Johnson, who retired Dec. 31 after serving 26 years on the high court.
“I feel a profound sense of humility and the recognition of the obligation of service,” Weimer said. “I have served with three chief justices who have made their mark on the judiciary in special ways … I have learned much from each of them, and I promise to work hard to be dedicated to the principles of impartiality, independence and fairness while pursuing justice and acting with integrity just as my predecessors did.”
The Courier reports that Gov. John Bel Edwards, who spoke at Thursday’s ceremony, said Weimer is becoming Louisiana’s highest jurist during one of history’s most difficult periods, with a global pandemic raging.
“John Weimer is the right person to lead this court during these challenging times,” the Democratic governor said.
The new chief justice rose quickly through judicial ranks. Weimer became a state district judge for the 17th District in Thibodaux in 1995, before being elected to Louisiana’s 1st Circuit Court of Appeal in 1998. He was elected to the state Supreme Court in 2001 during a special election. He was re-elected to 10-year terms without opposition in 2002 and 2012.
Weimer ran as a Democrat through 2002, but without party affiliation in 2012.
His Supreme Court district includes Terrebonne, Lafourche, Assumption, Iberia, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin and St. Mary parishes and part of Jefferson Parish.
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Longtime Wisconsin Supreme Court Justice Abrahamson dies
Corporate Governance Law |
2020/12/20 14:24
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Shirley Abrahamson, the longest-serving Wisconsin Supreme Court justice in state history and the first woman to serve on the high court, has died. She was 87.
Abrahamson, who also served as chief justice for a record 19 years, died Saturday after being diagnosed with pancreatic cancer, her son Dan Abrahamson told The Associated Press on Sunday.
Wisconsin Gov. Tony Evers said in a statement that Abrahamson had a “larger-than-life impact” on the state's legal profession and her legacy is defined “not just by being a first, but her life’s work of ensuring she would not be the last, paving and lighting the way for the many women and others who would come after her.”
Long recognized as a top legal scholar nationally and a leader among state judges, Abrahamson wrote more than 450 majority opinions and participated in more than 3,500 written decisions during her more than four decades on Wisconsin’s highest court. She retired in 2019 and moved to California to be closer with her family.
In 1993, then-President Bill Clinton considered putting her on the U.S. Supreme Court, and she was later profiled in the book, “Great American Judges: An Encyclopedia.”
She told the Wisconsin State Journal in 2006 that she enjoyed being on the court.
“It has a mix of sitting, reading and writing and thinking, which I enjoy doing. And it’s quiet. On the other hand, all of the problems I work on are real problems of real people, and it matters to them, and it matters to the state of Wisconsin. So that gives an edge to it, and a stress,” she said.
The New York City native, with the accent to prove it, graduated first in her class from Indiana University Law School in 1956, three years after her marriage to Seymour Abrahamson. The couple moved to Madison and her husband, a world-renowned geneticist, joined the University of Wisconsin-Madison faculty in 1961. He died in 2016.
She earned a law degree from UW-Madison in 1962, then worked as a professor and joined a Madison law firm, hired by the father of future Gov. Jim Doyle.
Appointed to the state's high court by then-Gov. Patrick Lucey in 1976, Abrahamson won reelection four times to 10-year terms, starting in 1979. She broke the record for longest-serving in justice in 2013, her 36th year on the court.
Abrahamson was in the majority when the court in 2005 allowed a boy to sue over lead paint injuries even though he could not prove which company made the product that sickened him — undoing decades of precedent and opening paint companies to lawsuits seeking damages.
But Abrahamson found herself in the minority on several high-profile cases later in her career, including in 2011, when the court upheld the law championed by Republican then-Gov. Scott Walker effectively ending public employee union rights, and again in 2015, when the court ended a politically charged investigation into Walker and conservative groups.
Abrahamson’s health began to fail in 2018, and she frequently missed court hearings. That May, she announced she wouldn’t run again in 2019, and in August, she revealed she has cancer.
Doyle, a former Wisconsin attorney general and two-term governor, called Abrahamson a pioneer and said he sought her advice when he first ran for Dane County district attorney in the 1970s. Doyle's father, who was a federal judge, gave Abrahamson her first job out of law school, Doyle said Sunday. |
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Raimondo makes historic nomination to state Supreme Court
Corporate Governance Law |
2020/12/08 11:47
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Gov. Gina Raimondo nominated two women Tuesday to the Rhode Island Supreme Court, including one who, if confirmed, would become not only the first Black justice, but also the first person of color on the state's highest court.
Superior Court Judge Melissa Long was nominated to replace Justice Francis X. Flaherty, who announced his retirement in October.
Long was appointed by Raimondo to the Superior Court in 2017. Before that, she was deputy secretary of state and director of administration in the secretary of state's office. She is a graduate of the University of Virginia and the George Mason University School of Law.
Raimondo also nominated state Sen. Erin Lynch Prata to the high court. She is the chairperson of the Senate Judiciary Committee and would replace Justice Gilbert Indeglia, who retired in June. She has degrees from Boston College and the Catholic University of America law school.
If Long and Lynch Prata are confirmed, the five-member court will be majority female for the first time. Raimondo also announced several other judicial nominations.
The Democratic governor named Linda Rekas Sloan to the Superior Court. If approved, Rekas Sloan would be the first Asian-American on the court.
The governor also named Central Falls Municipal Judge Elizabeth Ortiz to the Family Court bench, making Ortiz the first Latina nominated to the court that oversees child custody, divorce and juvenile matters.
“I am thrilled to appoint this group of talented public servants to our state’s highest courts,” Raimondo said in a statement. “As governor, one of my most important and sacred responsibilities is to appoint high-caliber judges who reflect the diversity of the Rhode Islanders they serve. I am confident that each of these nominees will fairly and honorably uphold the laws and values of our state.” |
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Our Firm Covers Bankruptcy in the Wake of COVID-19
Corporate Governance Law |
2020/11/23 00:45
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Bankruptcy Law Chicago - Bankruptcy Lawyer | Daniel J. Winter
Being a practicing attorney for 30 years, I have been honing my skills every day. In these 30 years, I’ve met with hundreds of clients, and learned how to listen, then how to develop a specific financial plan based on my experience in the Bankruptcy Court.
Not just hear, but actually listen to the clients and hear what they want, their goals, and needs.
These listening skills help me have real-world conversations with my clients. I have detailed discussions about a topic that most people won’t talk about with their own family or friends, money. I let people bare their souls about what has happened to them, and how they have handled their struggles. I listen and learn from them about their businesses, their jobs and their life. I then make sense of it all, and untangle the web of loans, credit cards, mortgages, car loans, medical debt, and personal loans. We talk about all of the options available, both in Bankruptcy Court and out of it.
Using my legal knowledge of the Bankruptcy Court system, and real-world experience, I can then counsel clients on how to prepare for Bankruptcy, the requirements, and best timing for filing for Bankruptcy Relief. This is where my legal experience comes into play. I also can offer my own everyday life experience and offer practical suggestions!
Navigating Bankruptcy Court is different than other Courts in that every case is assigned a Trustee, who conducts a hearing to review their Bankruptcy Petition. The Trustee is the person who reviews each case to determine whether there are issues to bring to the Court’s attention. I have strong working relationships with each Trustee in the Northern District of Illinois. These relationships are based on decades of dealings with each Trustee. In each interaction, my integrity, my work-ethic, and preparedness shows. And the Trustees remember the quality of my work, which benefits each of my clients. |
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Nevada church asks US Supreme Court for 2nd COVID cap review
Corporate Governance Law |
2020/11/08 10:52
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Unsuccessful in an earlier bid for an emergency injunction, a Nevada church is asking the U.S. Supreme Court again to consider its challenge of coronavirus restrictions on religious gatherings as a test case for others brought by churches across the country arguing their First Amendment rights are being violated.
“This case is an ideal vehicle to solve the nationwide problem of government discrimination against churches in ad hoc COVID-19 orders,” lawyers for Calvary Chapel Dayton Valley wrote in the unusual new filing Thursday.
In a sharply divided 5-4 decision in July, the high court refused the church’s request for a temporary order blocking enforcement of Nevada’s 50-person cap on religious gatherings while its appeal is pending before the 9th Circuit Court of Appeals in San Francisco.
The appellate court has scheduled oral arguments Dec. 8 on the merits of the appeal of a ruling by a U.S. judge in Reno upholding Gov. Steve Sisolak’s 50-person cap on attendance at indoor church services to help slow the pandemic’s spread.
Calvary Chapel argues the cap is an unconstitutional violation of their religious freedoms partly because casinos and other businesses are allowed to operate at 50% of capacity.
“There is no constitutional right to gamble, but there is one that protects attending worship services,” said David Cortman, senior counsel for the Alliance Defending Freedom representing the church.
The Christian church in rural Lyon County wants to allow as many as 90 people to attend services at the same time ? with masks required, spaced 6 feet apart ? at the sanctuary east of Reno with a capacity of 200.
Other secular businesses allowed to operate at half capacity include restaurants, gyms, hair salons and bowling alleys.
The new filling is a “petition for a writ of certiorari before judgment” seeking review despite the pending appeal. Such petitions are rare and their approval rarer, even though they require approval by only four justices.
Chief Justice John Roberts sided with the 5-4 majority turning back Calvary Chapel’s request this summer before the death of Justice Ruth Bader Ginsburg. The opening on the bench recently was filled by Justice Amy Coney Barrett, who seems likely to align herself with the four conservative justices who sided with the church in July.
“There is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel,” Justice Neil Gorsuch wrote then in one of three strongly worded dissents.
“That Nevada would discriminate in favor of the powerful gaming industry and its employees may not come as a surprise, but this Court’s willingness to allow such discrimination is disappointing,” Justice Samuel Alito added.
Nevada’s lawyers will have at least a month to respond to the new request. Neither Sisolak nor the state attorney general’s office had any immediate comment, their spokespersons said on Friday.
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