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Supreme Court rejects case over Mississippi Confederate emblem
Top Court Watch |
2017/11/28 13:32
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The Supreme Court on Monday rejected hearing a case that challenges the use of Confederate imagery in the Mississippi state flag.
Carlos Moore, an African-American attorney from Mississippi, argued that the flag represents "an official endorsement of white supremacy."
"The message in Mississippi's flag has always been one of racial hostility and insult and it is pervasive and unavoidable by both children and adults," Moore said in his court appeal.
"The state's continued expression of its message of racial disparagement sends a message to African-American citizens of Mississippi that they are second-class citizens."
The justices did not comment on their decision to decline Moore's appeal to have the flag ruled as an unconstitutional symbol of slavery, The Associated Press reported.
"We always knew it was a long shot," Moore told the news wire.
After a lower court rejected the lawsuit for lack of standing in April, Moore appealed the case to the Supreme Court on the grounds that the U.S. Court of Appeals for the Federal Circuit had given the 14th Amendment's Equal Protection Clause too narrow of an interpretation.
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Court: Stress no grounds for rescinding guilty pleas
Top Court Watch |
2017/11/27 13:32
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An appeals court in Chicago says a lower court in Indiana was right to refuse to permit a couple to rescind their guilty pleas in a tax case on grounds their prosecution caused them severe stress.
The 7th U.S. Circuit Court of Appeals said stress was common to anyone facing prosecution and wasn't sufficient reason to take back pleas. It added that neither George nor Barbara Gasich could claim they were under some "Napoleonic delusions" when they chose to plead guilty.
The Chicago Daily Law Bulletin reports the Gasiches were indicted in 2014 for making fraudulent claims. Prosecutors said they'd asked for $475,000 in refunds when they owed the IRS far more than that.
The Gasiches were formerly from St. John, Indiana, but lived in Florida when they were arrested. |
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Trump choosing white men as judges, highest rate in decades
Top Court Watch |
2017/11/13 13:40
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President Donald Trump is nominating white men to America's federal courts at a rate not seen in nearly 30 years, threatening to reverse a slow transformation toward a judiciary that reflects the nation's diversity.
So far, 91 percent of Trump's nominees are white, and 81 percent are male, an Associated Press analysis has found. Three of every four are white men, with few African-Americans and Hispanics in the mix. The last president to nominate a similarly homogenous group was George H.W. Bush.
The shift could prove to be one of Trump's most enduring legacies. These are lifetime appointments, and Trump has inherited both an unusually high number of vacancies and an aging population of judges. That puts him in position to significantly reshape the courts that decide thousands of civil rights, environmental, criminal justice and other disputes across the country. The White House has been upfront about its plans to quickly fill the seats with conservatives, and has made clear that judicial philosophy tops any concerns about shrinking racial or gender diversity.
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'Dirty soda' Utah court battle ends with legal settlement
Top Court Watch |
2017/11/10 13:39
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Two Utah chains that sell flavor-shot-spiked "dirty sodas" have settled their court battle over the sugary concept that's grown increasingly profitable in a state where sugar is a common vice, according to court documents filed Tuesday.
Soda shops Sodalicious and Swig will pay their own expenses, court papers said. The documents offer no details of the settlement terms and attorneys for the two sides did not return messages seeking comment.
Swig had accused competitor Sodalicious of copying the trademarked "dirty" idea, down to the frosted sugar cookies sold alongside the sweet drinks spiked with flavor shots, fruit purees and cream.
Both shops are known for their soda mixology. Swig's concoctions include the Tiny Turtle, which is Sprite spiked with green apple and banana flavors.
Swig sued in 2015 for damages and an order blocking Sodalicious from using words and signs similar to theirs. A trial had been set for this week, but it was on hold during settlement negotiations.
Sodalicious fought back, saying dirty is a longtime moniker for martinis and other drinks. They said tongue-in-cheek nicknames for concoctions like "Second Wife" make their business distinctly different.
Other sodas on their menu include the Rocky Mountain High, made with cherry and coconut added to Coke.
The court fight unfolded as the sweet drinks grew increasingly popular and profitable in a majority-Mormon state where sugar is a popular indulgence.
Both shops have more than a dozen locations across Utah, and have also expanded into the suburbs of Phoenix.
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Telescope permit decision appealed to Hawaii Supreme Court
Top Court Watch |
2017/11/04 13:38
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Opponents of a giant telescope planned for a Hawaii mountain are appealing the state land board's approval of the project's construction permit.
Richard Wurdeman, an attorney representing some of the opponents, filed a notice of appeal with the state Supreme Court on Monday.
The board in September approved a construction permit for Thirty Meter Telescope. Opponents of the $1.4 billion project say it will desecrate land sacred to Native Hawaiians while supporters say it will provide educational and economic opportunities.
The opponents appealed directly to the state Supreme Court because of a law that allows certain contested-case hearing decisions to bypass the Intermediate Court of Appeals.
Kealoha Pisciotta, one of the leaders fighting the telescope, says other participants opposing the project are expected to also file appeals this week. |
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