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Washington Supreme Court to hear education funding case
Legal Blog News | 2017/10/23 09:58
The Washington state Supreme Court is set to hear argument on whether the state has met its constitutional requirement to fully fund K-12 education.

Tuesday morning's hearing is on whether the state should still be held in contempt for lack of progress on satisfying a 2012 ruling that found that school funding was not adequate. Lawmakers needed a funded plan in place this year ahead of a Sept. 1, 2018 deadline the court had set.

The plan approved and signed by Gov. Jay Inslee earlier this year relies largely on an increase to the statewide property tax that starts next year. The tax increases from $1.89 to $2.70 per $1,000 of assessed value, with the increase earmarked for education. The plan — which keeps in place local property tax levies but caps them beginning in 2019 at a lower level— will ultimately raise property taxes for some districts and lower them in others.


Court sides with board to keep fracking ban issue off ballot
Legal Blog News | 2017/10/05 09:15
The Ohio Supreme Court has upheld a county elections board’s decision to reject another ballot measure that would have allowed Youngstown voters to ban the natural gas drilling technique called hydraulic fracturing in their city.
   
The Supreme Court agreed with the elections board in a 4-3 decision issued Friday.
   
Youngstown voters have previously voted down a proposed ban on fracking and fracking-related activities six times.
   
The Mahoning County Board of Elections last month rejected an attempt by fracking opponents to get a proposed charter amendment on the ballot this fall.
   
The Vindicator has reported that the board cited a new state law that says elections boards must invalidate initiative petitions if they seek to change laws that fall outside a local government’s authority to enact them.


Man who killed NFL star's son taking case to high court
Legal Blog News | 2017/09/27 09:14
The case of a man serving life in prison for killing the 2-year-old son of NFL running back Adrian Peterson in South Dakota is going before the state Supreme Court.

Joseph Patterson was convicted in September 2015 of second-degree murder in the October 2013 death of Tyrese Ruffin, the son of Patterson's girlfriend and Peterson.

Patterson appealed, and the Argus Leader reports the state Supreme Court will decide whether his jury trial was mishandled. Attorney arguments are scheduled Monday on several questions, including whether the trial court prejudiced the jury by allowing prosecutors to mention certain information.

Peterson was a longtime member of the Minnesota Vikings. He now plays for the New Orleans Saints.


Supreme Court opens pivotal term with Trump nominee in place
Legal Blog News | 2017/09/26 09:13
Disputes over a wedding cake for a same-sex couple and partisan electoral maps top the Supreme Court's agenda in the first full term of the Trump presidency. Conservatives will look for a boost from the newest justice, Neil Gorsuch, in a year that Justice Ruth Bader Ginsburg has said will be momentous.

President Donald Trump's travel ban appears likely to disappear from the court's docket, at least for now. But plenty of high-profile cases remain.

The justices will hear important cases that touch on gay rights and religious freedoms, the polarized American electorate, the government's ability to track people without search warrants, employees' rights to band together over workplace disputes and states' rights to allow betting on professional and college sporting events.

Last year, "they didn't take a lot of major cases because they didn't want to be deadlocked 4-to-4," said Eric Kasper, director of the Center for Constitutional Studies at the University of Wisconsin-Eau Claire. "This year, that problem doesn't present itself."

Gorsuch quickly showed he would be an ally of the court's most conservative justices, Clarence Thomas and Samuel Alito, most recently joining them in objecting to the court's decision to block an execution in Georgia.

While justices can change over time, Gorsuch's presence on the bench leaves liberals with a fair amount of trepidation, especially in cases involving the rights of workers.

The very first case of the term, set for arguments Monday, could affect tens of millions of workers who have signed clauses as part of their employment contracts that not only prevent them from taking employment disputes to federal court, but also require them to arbitrate complaints individually, rather than in groups.


Supreme Court Backs Dayton Veto of Legislature Budget
Legal Blog News | 2017/09/08 08:59
The Minnesota Supreme Court says Gov. Mark Dayton’s veto of the Legislature’s budget was constitutional.

The ruling Friday is counter to a lower-court ruling this summer that Dayton had acted unconstitutionally, but is not the last word in the case. The high court ordered the two sides to hire a mediator, by Tuesday, to resolve the dispute outside the courts.

The months-long legal battle arose this spring when Dayton line-item vetoed lawmakers’ $130 million operating budget. Dayton says he wanted to force lawmakers to rework costly tax breaks and other measures he signed into law, but the Legislature instead sued.

The state’s highest court was tilted firmly in Dayton’s favor. He had appointed four of the six justices presiding in the case.


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