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High court climate case looks at EPA's power
Law & Court News |
2014/02/24 15:17
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Industry groups and Republican-led states are heading an attack at the Supreme Court against the Obama administration's sole means of trying to limit power-plant and factory emissions of gases blamed for global warming.
As President Barack Obama pledges to act on environmental and other matters when Congress doesn't, or won't, opponents of regulating carbon dioxide and other heat-trapping gases cast the rule as a power grab of historic proportions.
The court is hearing arguments Monday about a small but important piece of the Environmental Protection Agency's plans to cut the emissions — a requirement that companies expanding industrial facilities or building new ones that would increase overall pollution must also evaluate ways to reduce the carbon they release.
Environmental groups and even some of their opponents say that whatever the court decides, EPA still will be able to move forward with broader plans to set emission standards for greenhouse gases for new and existing power plants. |
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Supreme Court Puts Utah Same-Sex Marriage on Hold
Law & Court News |
2014/01/06 11:49
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The Supreme Court on Monday put same-sex marriages on hold in Utah, at least while a federal appeals court more fully considers the issue.
The court issued a brief order blocking any new same-sex unions in the state.
The order grants an emergency appeal by the state following the Dec. 20 ruling by U.S. District Judge Robert Shelby that the state's ban on same-sex marriage violates gay and lesbian couples' constitutional rights.
More than 900 gay and lesbian couples have married since then.
The high court order will remain in effect until the Denver-based 10th U.S. Circuit Court of Appeals decides whether to uphold Shelby's ruling.
The state's request to the Supreme Court was filed with Justice Sonia Sotomayor, who handles emergency appeals from Utah and the five other states in the 10th Circuit. Sotomayor turned the matter over to the entire court.
The action now shifts to Denver, where the appeals court will consider arguments from the state against same-sex marriage as well as from the three gay and lesbian couples who challenged the ban in support of Shelby's ruling. The appeals court had twice rebuffed the state's plea to stop gay weddings pending appeal. |
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Republicans block nominee to key appeals court
Law & Court News |
2013/11/22 10:17
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Senate Republicans on Monday blocked President Barack Obama's nomination of Robert L. Wilkins to a key appellate court, continuing a nomination fight that has stoked partisan tensions in the Senate.
Wilkins, a District Court judge in Washington who in 2010 was confirmed by the Senate on a voice vote, was nominated to fill one of three vacancies on the U.S. Court of Appeals for the District of Columbia Circuit. He is the third straight nominee to the powerful court that Republicans have stopped from being seated.
The Senate voted 53-38 in favor of ending Republican-led delays, falling short of the 60 votes required to advance Wilkins' nomination. Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine voted with Democrats to end debate.
The Court of Appeals for the District of Columbia is often referred to as the second most powerful court in the country, after the Supreme Court. Informally known as the D.C. circuit, the court's influence stems from its caseload — it rules on administration orders and regulations — and because some of its judges become Supreme Court justices. The D.C. circuit currently has eight active judges evenly divided between Democratic and Republican nominees.
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Court-martial date set in Naval Academy case
Law & Court News |
2013/11/04 14:30
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A court-martial has been scheduled for February for a U.S. Naval Academy student accused of aggravated sexual assault.
Midshipman Josh Tate appeared at an arraignment Monday at the Washington Navy Yard.
The court-martial is scheduled to begin Feb. 10. The case stems from an April 2012 party at an off-campus house in Annapolis. The alleged victim had been drinking heavily and has testified that she cannot remember having sex with Tate.
Another student also faces a separate court-martial in the case. It is scheduled for Jan. 27. Midshipman Eric Graham is charged with abusive sexual contact.
If you are facing trial by court-martial, you also have the right to hire an experienced civilian defense attorney to represent and defend you. It is your career and future that is at stake and it is important that you have an experienced attorney who will advocate aggressively on your behalf. Please contact Las Vegas Military Defense Attorneys. |
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Justice's wheels slowed as shutdown hits courts
Law & Court News |
2013/10/14 13:52
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The government shutdown is slowing the wheels of justice in federal courts by delaying civil cases, forcing prosecutors to operate with skeleton staffs and raising uncertainty about the system's immediate future if the stalemate continues past Thursday.
That's when federal courts officials expect the reserve funds they have been using since the Oct. 1 start of the shutdown will run out.
Criminal cases, which are required by law to go to a speedy trial, are still moving ahead, as are most bankruptcy cases and appeals. Civil cases and those in immigration court, however, are feeling the greatest impact from the shutdown.
"The Constitution tells us what we have to do and we can't control our workload. It walks in the door, whether we're funded or not funded," said U.S. District Court Chief Judge Loretta Preska in New York, who has put all civil cases except those already in trial on hold at the request of the U.S. Attorney there.
She said the nearly 450 district court employees that serve the New York metro area will report to work to keep criminal cases on track even if funds run out. Officials at courts based in San Francisco, Philadelphia and St. Louis, Mo., also say their employees will work. |
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