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Pennsylvania GOP take gerrymandering case to US high court
Court Issues |
2018/01/29 01:17
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state's highest court in a gerrymandering case brought by Democrats that threw out the boundaries of its 18 congressional districts and ordered them redrawn within three weeks.
Republicans who control Pennsylvania's Legislature wrote that state Supreme Court justices unconstitutionally usurped the authority of lawmakers to create congressional districts and they asked the nation's high court to put the decision on hold while it considers their claims.
The 22-page argument acknowledged that "judicial activism" by a state supreme court is ordinarily beyond the U.S. Supreme Court's purview. But, it said, "the question of what does and does not constitute a 'legislative function' under the Elections Clause is a question of federal, not state, law, and this Court is the arbiter of that distinction."
Justice Samuel Alito, who handles emergency appeals from Pennsylvania, could ask the registered Democratic voters on the other side of the case to respond. Alito could act on his own, though the full court generally gets involved in cases involving elections. An order could come in a matter of days, although there is no deadline for the justices to act.
Pennsylvania's congressional districts are criticized as among the nation's most gerrymandered. Its case is happening amid a national tide of gerrymandering cases from various states, including some already under consideration by the U.S. Supreme Court.
Election law scholars call the Republicans' request for the U.S. Supreme Court's intervention a long shot.
They say they know of no other state court decision throwing out a congressional map because of partisan gerrymandering, and the nation's high court has never struck down an electoral map as a partisan gerrymander. |
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Court rules Puigdemont must return to Spain for re-election
Court Issues |
2018/01/27 15:16
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Spain's top court said Saturday that Catalonia's fugitive ex-president must return to the country and be present in the regional parliament to receive the authority to form a new government.
The Constitutional Court ruled that a session of Catalonia's parliament scheduled for Tuesday would be suspended if former leader Carles Puigdemont tries to be re-elected without being physically present in the chamber.
The court also said that Puigdemont must seek judicial authorization to attend the session.
Catalonia's separatist lawmakers have been considering voting Puigdemont back in as regional chief without him returning from Belgium, weighing options that included another parliament member standing in for him or him addressing the lawmakers via video.
The separatist leader fled Spain after the regional parliament made an unsuccessful declaration of independence on Oct. 27 in violation of Spain's Constitution. He is wanted in Spain on possible rebellion and sedition charges and is likely to be arrested if he returns.
The court, in a unanimous decision of the 11 magistrates present, said that the investiture of Puigdemont would be suspended without the previous authorization of a judge, "even if he is physically in the chamber."
That specification comes amid speculation that Puigdemont could try to slip back into Spain and sneak past police into the Barcelona-based parliament to be re-elected. Spain's Interior Minister, Juan Ignacio Zoido, said this week that police were increasing surveillance to ensure that doesn't happen.
The court also ruled that neither Puigdemont nor the four other former members of his Cabinet who also fled to Belgium to avoid a judicial summons three months ago could delegate their vote for Tuesday's session in another candidate. |
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Court halts execution of Alabama inmate with dementia
Court Issues |
2018/01/26 15:15
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The U.S. Supreme Court has halted the execution of an Alabama inmate whose attorneys argue that dementia has left the 67-year-old unable to remember killing a police officer three decades ago.
Justices issued a stay Thursday night, the same evening that Vernon Madison was scheduled to receive a lethal injection at a southwest Alabama prison. The court delayed the execution to consider whether to further review the case.
Madison was sentenced to death for the 1985 killing of Mobile police Officer Julius Schulte, who had responded to a call about a missing child made by Madison's then-girlfriend. Prosecutors have said that Madison crept up and shot Schulte in the back of the head as he sat in his police car.
Madison's attorneys argued that strokes and dementia have left Madison unable to remember killing Schulte or fully understand his looming execution. The Supreme Court has previously ruled that condemned inmates must have a "rational understanding" that they are about to be executed and why.
"We are thrilled that the court stopped this execution tonight. Killing a fragile man suffering from dementia is unnecessary and cruel," attorney Bryan Stevenson, of the Equal Justice Initiative, said Thursday after the stay was granted.
The Alabama attorney general's office opposed the stay, arguing that a state court has ruled Madison competent and Madison has presented nothing that would reverse the finding.
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Judge to pick battlefield for court fight over Manson's body
Court Issues |
2018/01/22 15:15
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Corcoran and died in a hospital in Bakersfield.
The legal battle for his body or possessions could land in any of three California counties where those cities are located as friends and purported kin wage a court fight Friday that includes nasty accusations about profiteering off the death of the cult leader.
At least three parties have staked claims to collect Manson's body from the Kern County morgue two months after he died and take control of any assets, which could include potentially lucrative rights to the use of his image and songs he wrote and any other property.
"It's a circus show," said a frustrated Ben Gurecki, one of two pen pals who hold dueling wills allegedly signed by Manson. "It's despicable that I'm still sitting here 60 days later and I can't get my friend cremated."
But first a Los Angeles Superior Court judge must decide which court takes up the separate issues of Manson's remains and his estate.
A Florida man, Jason Freeman, claims he's a grandson and the rightful heir and that the killer left no will. He's been challenged in Los Angeles by Michael Channels, another pen pal and collector of Manson memorabilia, who holds a will bearing what appears to be Manson's signature and names him as executor and sole beneficiary.
Gurecki, who like Channels also sells Manson mementos to fans of so-called murderabilia, has filed a will with the Kern County coroner's office bearing Manson's purported signature. It names Gurecki as executor and leaves everything to his "one living child," Matthew Lentz, a Los Angeles musician. Lentz and Gurecki have yet to file the will in court.
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