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Supreme Court grapples with governor’s 400-year veto, calling it ‘crazy’
Attorney Blog News |
2024/10/12 11:34
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Justices on the Wisconsin Supreme Court said Wednesday that Gov. Tony Evers’ creative use of his expansive veto power in an attempt to lock in a school funding increase for 400 years appeared to be “extreme” and “crazy” but questioned whether and how it should be reined in.
“It does feel like the sky is the limit, the stratosphere is the limit,” Justice Jill Karofsky said during oral arguments, referring to the governor’s veto powers. “Perhaps today we are at the fork in the road ... I think we’re trying to think should we, today in 2024, start to look at this differently.”
The case, supported by the Republican-controlled Legislature, is the latest flashpoint in a decades-long fight over just how broad Wisconsin’s governor’s partial veto powers should be. The issue has crossed party lines, with Republicans and Democrats pushing for more limitations on the governor’s veto over the years.
In this case, Evers made the veto in question in 2023. His partial veto increased how much revenue K-12 public schools can raise per student by $325 a year until 2425. Evers took language that originally applied the $325 increase for the 2023-24 and 2024-25 school years and instead vetoed the “20” and the hyphen to make the end date 2425, more than four centuries from now.
“The veto here approaches the absurd and exceeds any reasonable understanding of legislative or voter intent in adopting the partial veto or subsequent limits,” attorneys for legal scholar Richard Briffault, of Columbia Law School, said in a filing with the court ahead of arguments.
That argument was cited throughout the oral arguments by justices and Scott Rosenow, attorney for Wisconsin Manufacturers & Commerce Litigation Center, which handles lawsuits for the state’s largest business lobbying group and brought the case.
The court should strike down Evers’ partial veto and declare that the state constitution forbids the governor from striking digits to create a new year or to remove language to create a longer duration than the one approved by the Legislature, Rosenow argued.
Finding otherwise would give governors unlimited power to alter numbers in a budget bill, Rosenow argued.
Justices appeared to agree that limits were needed, but they grappled with where to draw the line.
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Supreme Court rejects appeal from ‘Pharma Bro’ Martin Shkreli
Legal Blog News |
2024/10/10 11:34
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The Supreme Court on Monday rejected an appeal from Martin Shkreli, who was once dubbed “Pharma Bro” after jacking up the price of a lifesaving drug.
Shkreli appealed an order to return $64.6 million in profits he and his former company reaped after monopolizing the market for the medication and drastically increasing its price. His lawyers argued that the money went to his company rather than him personally.
The justices did not explain their reasoning, as is typical, and there were no noted dissents.
Prosecutors, though, said the company had agreed in a settlement to pay $40 million, and because Shkreli masterminded the scheme he should bear responsibility for repaying profits.
New York Attorney General Letitia James applauded the court’s action upholding the order, which also included a lifetime ban on Shkreli working in the pharmaceutical industry.
“This win reinforces how our state’s tough anti-fraud laws help protect New Yorkers and ensure bad actors cannot abuse their power, wealth, or influence,” she said in a statement.
Thomas Huff, a lawyer for Shkreli, said the decision was disappointing. But he also said the high court could yet overturn a lower court decision that made the $64 million penalty order possible even though Shkreli hadn’t personally gotten the money.
“If and when the Supreme Court does so, Mr. Shkreli will have a strong argument for modifying the order accordingly,” he said.
Shkreli was also ordered to forfeit the Wu-Tang Clan’s “Once Upon a Time in Shaolin,” the unreleased work that has been called the world’s rarest musical album. The multiplatinum hip-hop group put a single copy of the album up for auction in 2015, on the condition that it not be put to commercial use.
Shkreli was convicted of lying to investors and cheating them out of millions of dollars in two failed hedge funds he operated. Shkreli was CEO of Turing Pharmaceuticals — later Vyera — when it raised the price of Daraprim from $13.50 to $750 per pill after obtaining exclusive rights to the decades-old drug in 2015. It treats a rare parasitic disease that strikes pregnant women, cancer patients and AIDS patients.
He defended the decision as capitalism at work, saying insurance and other programs ensured that people who need Daraprim would ultimately get it. But the move sparked outrage, from the medical community to Congress.
Shkreli was released from prison in 2022 after serving much of a seven-year sentence.
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US court to review civil rights lawsuit alleging environmental racism
Attorney Blog News |
2024/10/07 10:39
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A federal appellate court is set to hear oral arguments Monday in a civil rights lawsuit alleging a south Louisiana parish engaged in racist land-use policies to place polluting industries in majority-Black communities.
The Fifth Circuit Court of Appeals in New Orleans is reviewing a lawsuit filed by community groups claiming St. James Parish “intentionally discriminated against Black residents” by encouraging industrial facilities to be built in areas with predominantly Black populations “while explicitly sparing White residents from the risk of environmental harm.”
The groups, Inclusive Louisiana, Rise St. James and Mt. Triumph Baptist Church, seek a halt to future industrial development in the parish.
The plaintiffs note that 20 of the 24 industrial facilities were in two sections of the parish with majority-Black populations when they filed the complaint in March 2023.
The parish is located along a heavily industrialized stretch of the Mississippi River between New Orleans and Baton Rouge, Louisiana, known as the Chemical Corridor, often referred to by environmental groups as “Cancer Alley” because of the high levels of suspected cancer-causing pollution emitted there.
The lawsuit comes as the federal government has taken steps during the Biden administration to address the legacy of environmental racism. Federal officials have written stricter environmental protections and committed tens of billions of dollars in funding.
In the Louisiana case, U.S. District Judge Carl Barbier of the Eastern District of Louisiana in November 2023 dismissed the lawsuit largely on procedural grounds, ruling the plaintiffs had filed their complaint too late. But he added, “this Court cannot say that their claims lack a basis in fact or rely on a meritless legal theory.”
Barbier said the lawsuit hinged primarily on the parish’s 2014 land-use plan, which generally shielded white neighborhoods from industrial development and left majority-Black neighborhoods, schools and churches without the same protections. The plan also described largely Black sections of the parish as “future industrial” sites. The plaintiffs missed the legal window to sue the parish, the judge ruled.
Yet the parish’s land-use plan is just one piece of evidence among many revealing ongoing discrimination against Black residents in the parish, said Pamela Spees, a lawyer for the Center of Constitutional Rights representing the plaintiffs. They are challenging Barbier’s ruling under the “continuing violations” doctrine on the grounds that discriminatory parish governance persists, allowing for industrial expansion in primarily Black areas.
The lawsuit highlights the parish’s decision in August 2022 to impose a moratorium on large solar complexes after a proposed 3,900-acre (1,580-hectare) solar project upset residents of the mostly white neighborhood of Vacherie, who expressed concerns about lowering property values and debris from storms. The parish did not take up a request for a moratorium on heavy industrial expansion raised by the plaintiffs, the lawsuit states.
These community members “have tried at every turn to simply have their humanity and dignity be seen and acknowledged,” Spees said. “That’s just been completely disregarded by the local government and has been for generations.”
Another part of the complaint argues the parish failed to identify and protect the likely hundreds of burial sites of enslaved people by allowing industrial facilities to build on and limit access to the areas, preventing the descendants of slaves from memorializing the sites. The federal judge tossed out that part of the lawsuit, noting the sites were on private property not owned by the parish.
At its core, the complaint alleges civil rights violations under the 13th and 14th amendments, stating the land-use system in the parish allowing for industrial buildout primarily in majority-Black communities remains shaped by the history of slavery, white supremacy and Jim Crow laws and governance.
Lawyers for St. James Parish said the lawsuit employed overreaching claims and “inflammatory rhetoric.” St. James Parish did not respond to a request for comment. |
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Supreme Court will weigh Mexico’s $10 billion lawsuit against U.S. gun makers
Attorney Blog News |
2024/10/04 10:38
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The Supreme Court said Friday it will decide whether to block a $10 billion lawsuit Mexico filed against leading U.S. gun manufacturers over allegations their commercial practices have helped caused much bloodshed there.
The gun makers asked the justices to undo an appeals court ruling that allowed the lawsuit to go forward despite broad legal protections for the firearm industry.
A federal judge has since tossed out the bulk of the lawsuit on other legal grounds, but Mexico could appeal that dismissal. Mexico argues the companies knew weapons were being sold to traffickers who smuggled them into Mexico and decided to cash in on that market. The government estimates 70% of the weapons trafficked into Mexico come from the United States.
The defendants include big-name manufacturers such as Smith & Wesson, Beretta, Colt and Glock. They say Mexico has not shown the industry has purposely done anything to allow the weapons to be used by cartels and is trying to “bully” gunmakers into adopting gun-control measures.
Originally filed in 2021, the lawsuit was initially tossed out by a district court who cited legal protections for gun makers from damages resulting from criminal use of firearms. But the 1st U.S. Circuit Court of Appeals revived the case under an exception to that law. The gunmakers appealed that ruling to the Supreme Court, arguing they have followed lawful practices and the case has no business in American courts.
U.S. District Judge F. Dennis Saylor in Boston again dismissed the case against six of the eight companies in August, ruling Mexico had not provided concrete evidence that any those companies’ activities in Massachusetts were connected to any suffering caused in Mexico by guns.
Still, with some claims remaining and an appeal possible, the gun makers argue the 1st Circuit ruling could hang over the industry for years if allowed to stand.
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New rules regarding election certification in Georgia to get test in court
Law & Court News |
2024/09/30 07:32
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Two controversial new rules passed by Georgia’s State Election Board concerning the certification of vote tallies are set to face their first test in court this week.
The Republican majority on the State Election Board — made up of three members praised by former President Donald Trump praised by name at a recent rally — voted to approve the rules last month. Democrats filed a legal challenge and argue the rules could be used “to upend the statutorily required process for certifying election results in Georgia.”
A bench trial, meaning there is a judge but no jury, is set to begin Tuesday before Fulton County Superior Court Judge Robert McBurney.
One of the rules provides a definition of certification that includes requiring county officials to conduct a “reasonable inquiry” before certifying results, but it does not specify what that means. The other includes language allowing county election officials “to examine all election related documentation created during the conduct of elections.”
A series of recent appointments means Trump-endorsed Republicans have had a 3-2 majority on the State Election Board since May. That majority has passed several new rules over the past two months that have caused worry among Democrats and others who believe Trump and his allies may use them to cause confusion and cast doubt on the results if he loses this crucial swing state to Democratic Vice President Kamala Harris in November’s presidential election.
Another rule the board passed more recently requires that poll workers count the number of paper ballots — not votes — by hand on election night after voting ends. A separate lawsuit filed by a group headed by a former Republican lawmaker initially challenged the two certification rules but was amended last week to also challenge the ballot counting rule and some others that the board passed.
Georgia Secretary of State Brad Raffensperger and an association of county election officials had cautioned the state board against passing new rules so close to the election. They argued it could cause confusion among poll workers and voters and undermine public trust in the voting process.
The challenge to the certification rules filed by Democratic groups and others asks the judge to confirm that election superintendents — a multi-person election board in most counties — have a duty to certify an election by the deadline provided in the law and have no discretion to withhold or delay certification. They ask that it should be declared invalid if the judge believes either of the rules allows such discretion.
Lawyers for the State Election Board argue the Democrats are asking the judge to “declare what is already enshrined in Georgia law,” that county certification is mandatory and must occur by 5 p.m. the Monday after the election, or the next day if Monday is a holiday, as it is this year. They also argue the challenge is barred by the principle of sovereign immunity and seeks relief that isn’t appropriate under the law.
The challenge was filed by the state and national Democratic parties, as well as county election board members from counties in metro Atlanta, most chosen by the local Democratic Party, as well voters who support Democrats and two Democratic state lawmakers running for reelection. It was filed against the State Election Board, and the state and national Republican parties joined the fight on the board’s side.
The Democrats concede in their challenge that the two rules “could be read not to conflict with Georgia statutes” but they argue “that is not what the drafters of those rules intended.”
“According to their drafters, these rules rest on the assumption that certification of election results by a county board is discretionary and subject to free-ranging inquiry that may delay certification or render it wholly optional,” they wrote in a court filing.
They also note that numerous county election officials around the state have already sought to block or delay certification in recent elections and “the new rules hand those officials new tools to do so again in November.”
State lawyers argue that since the argument against the rules is based on the alleged intent of the people who presented them or the way some officials could interpret them, rather than on the text of the rules themselves, the challenge should be thrown out.
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