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Ohio Republicans defending state congressional map in court
Headline Legal News |
2019/03/11 12:36
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Attorneys for Ohio Republican officials will call witnesses this week to defend the state's congressional map.
A federal trial enters its second week Monday in a lawsuit by voter rights groups that say the current seats resulted from "an unconstitutional partisan gerrymander." Their witnesses have included Democratic activists and voters who have expressed frustration and confusion with districts that have stayed at 12 Republicans, four Democrats, since they were drawn ahead of the 2012 elections.
Attorneys for the Republican officials being sued say the map resulted from bipartisan compromise, with each party losing one seat after population shifts in the 2010 U.S. Census caused Ohio to lose two congressional seats.
Among potential GOP witnesses is former U.S. House Speaker John Boehner (BAY'-nur) of West Chester, Ohio.
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Case about indigent drivers and drivers' licenses in court
Headline Legal News |
2019/03/08 12:36
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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Liberties Union and other groups sued on behalf of indigent residents facing license revocation or whose licenses have been revoked.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.
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Court: $700M judgment against North Carolina still unpaid
Headline Legal News |
2019/03/07 12:54
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A North Carolina judge has affirmed that a court judgment issued more than 10 years ago stating school districts are owed over $700 million in civil penalties from several state agencies is still nearly all unpaid.
The order signed Wednesday by Wake Superior Court Judge Vince Rozier ends a lawsuit filed last summer by the North Carolina School Boards Association and many local boards.
But Rozier's ruling makes clear he can't direct how and when the General Assembly should pay because of constitutional limitations. The school districts hope the new litigation will revive efforts to get lawmakers to repay the $730 million.
At issue were fees collected by agencies for late tax payments, overweight vehicles and other items that never got forwarded to schools, as the state constitution required. |
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N Carolina court: State retirees should pay health premiums
Headline Legal News |
2019/03/05 12:56
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A North Carolina appeals court is throwing out a judge's ruling that a former Supreme Court chief justice and other retired state government workers can't be forced to pay part of their health insurance premiums.
A state Court of Appeals ruled Tuesday the retirees don't have a contract preventing them from contributing to their coverage. A three-judge panel ruled unanimously that retired state employees were promised nothing more than what is offered to current workers.
Legislators passed a law in 2011 requiring retirees to pay premiums they didn't pay while working. Retirees including former Chief Justice I. Beverly Lake sued, saying that broke the state's promise to provide health insurance.
The State Health Plan covers more than 700,000 employees, retirees and their dependents. |
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Governor says 'no executions' without court-backed drugs
Headline Legal News |
2019/02/25 09:10
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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.
But because attorneys for death row inmate Keith Henness didn't prove a viable alternative exists, Merz declined to stop the execution. But DeWine did, postponing Henness' execution from Feb. 13 until Sept. 12, although that would be contingent on the state having a new, court-approved lethal injection system in place, which is unlikely in that time frame.
Ohio is also scheduled to execute Cleveland Jackson on May 29, a timeline Merz questioned last week, given the governor's order. |
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High court rules for retired US marshal in W.Va. tax dispute
Headline Legal News |
2019/02/21 09:28
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The Supreme Court said Wednesday that the state of West Virginia unlawfully discriminated against a retired U.S. marshal when it excluded him from a more generous tax break given to onetime state law enforcement officers.
The court ruled unanimously for retired marshal James Dawson.
West Virginia law exempts state law enforcement retirees, including former policemen and firefighters, from paying income tax on their retirement benefits. But retired U.S. Marshals Service employees such as Dawson haven’t been getting that tax advantage.
Justice Neil Gorsuch wrote that because there aren’t any significant differences between Dawson’s former job responsibilities and those of state law enforcement retirees, “we have little difficulty concluding” that West Virginia’s law unlawfully discriminates against Dawson under federal law.
West Virginia had argued that it wasn’t doing anything wrong and that Dawson was getting the same benefit, a $2,000 income tax exemption, that applies to virtually all retired federal, state and local employees in West Virginia. The state said that only a “surpassingly small” number people who participate in specific, state-managed retirement plans get the exemption Dawson wanted to claim.
The U.S. government had backed Dawson, who served in the U.S. Marshals Service from 1987 to his retirement in 2008. He led the Marshals Service in the Southern District of West Virginia for the past six years.
In 2013, he filed paperwork seeking to amend his tax returns for two years and claim the more favorable tax exemption. Dawson said the state owed him $2,174 for 2010 and $2,111 for 2011. State tax officials disagreed, so Dawson took his case to court.
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