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Justice Thomas: Honor Scalia by reining in government
Top Court Watch |
2016/11/18 10:11
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Supreme Court Justice Clarence Thomas is calling fellow conservatives to continue the work of the late Justice Antonin Scalia to keep the power of the courts and other branches of government in check.
Thomas tells 1,700 people at a dinner in honor of Scalia that the Supreme Court has too often granted rights to people that are not found in the Constitution. He cited the decision in 2015 that made same-sex marriage legal across the country.
Thomas said he and his longtime friend and colleague formed an "odd couple" of a white New Yorker and a black man from Georgia.
He paraphrased Lincoln's Gettysburg address to exhort the audience to "be dedicated to the unfinished business for which Justice Scalia gave his last full measure of devotion." |
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Supreme Court stays execution of Alabama inmate
Top Court Watch |
2016/11/04 15:09
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The U.S. Supreme Court on Thursday night stayed the execution of an Alabama man convicted of the 1982 shooting death of a woman's husband in a murder-for-hire arrangement.
Five justices voted to stay the execution of Tommy Arthur as the high court considers whether to take up his challenge to Alabama's death penalty procedure. Arthur, 74, was scheduled to be executed Thursday by lethal injection at a south Alabama prison.
"We are greatly relieved by the Supreme Court's decision granting a stay and now hope for the opportunity to present the merits of Mr. Arthur's claims to the Court," Arthur's attorney Suhana Han said in a statement.
This is the seventh time that Arthur, who has waged a lengthy legal battle over his conviction and the constitutionality of the death penalty, has received a reprieve from an execution date, a track record that has frustrated the state attorney general's office and victims' advocacy groups.
Chief Justice John Roberts wrote Thursday that he did not think the case merited a stay, but voted to grant it as a courtesy to the four justices who wanted to "more fully consider the suitability of this case for review." The execution stay will expire if the court does not take up Arthur's case.
The attorney general's office had unsuccessfully urged the court to let the execution go forward and expressed disappointment at the decision.
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Kansas high court justices defend handling of capital cases
Top Court Watch |
2016/11/01 15:10
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Four Kansas Supreme Court justices facing a campaign to oust them in the Nov. 8 election say the court has decided capital murder cases on legal and constitutional issues while avoiding politics and emotion.
Past high court rulings overturning death sentences are at the center of the effort to remove Chief Justice Lawton Nuss and Justices Carol Beier, Dan Biles and Marla Luckert. They face statewide yes-or-no votes on whether they stay on the court for another six years.
The court's critics are particularly upset about July 2014 rulings overturning death sentences for Jonathan and Reginald Carr. The two brothers had faced lethal injection for shooting four people in December 2000 after forcing them to perform sex acts and robbing them. Among other things, the court concluded that fairness required the brothers to be sentenced separately. |
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Grassley: GOP can't stonewall a Clinton Supreme Court pick
Top Court Watch |
2016/10/20 20:15
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Republicans "can't just simply stonewall" nominees to the Supreme Court even if the president making the choice is Democrat Hillary Clinton, says the GOP chairman of the Judiciary Committee in a reaffirmation of the Senate's advise-and-consent role on judicial picks.
Iowa Sen. Chuck Grassley's comments on Tuesday was a response to fellow Republican Sen. John McCain, who a day earlier vowed that Republicans would unite against any nominee Clinton puts forward if she becomes president. That unprecedented pledge raised the possibility that the Supreme Court would have to operate for four years of a Clinton term with one or more vacancies, rather than nine justices.
The court has had one vacancy for months since the death of Justice Antonin Scalia in February. Republicans have refused to consider President Barack Obama's nomination of Merrick Garland, arguing that the next president should fill the opening.
"I think we have a responsibility to very definitely vet — if you want to use the word vet — whoever nominee that person puts forward," Grassley told radio reporters in Iowa. "We have the same responsibility for (Donald) Trump. We know more the type of people Trump would nominate because he's listed 20. They fall into the category of strict constructionists. As I heard about Hillary on the last debate, the type of people she's going to appoint, I would say they're judicial activists."
He added that the new president should make the choice and "if that new president happens to be Hillary. We can't just simply stonewall."
McCain's comments came in an interview with Philadelphia talk radio host Dom Giordano to promote the candidacy of Sen. Pat Toomey, R-Pa., one of the more vulnerable GOP incumbents as Republicans scramble to hold onto their Senate majority.
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Landowners to court: Exxon Mobil pipeline breaches contract
Top Court Watch |
2016/10/20 20:15
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Attorneys for landowners along a crude oil pipeline that ruptured in Arkansas in 2013 say Exxon Mobil Pipeline Co. breached its contract because the pipeline interferes with their ability to enjoy their property.
Attorneys for the landowners and Exxon Mobil appeared Wednesday before judges from the 8th U.S. Circuit Court of Appeals in Minnesota.
The landowners asked the appeals court to reinstate their case, which was dismissed last year, and have it re-certified as a class-action suit. Attorney Phillip Duncan says it's an issue of honoring easements.
Exxon Mobil attorney Gary Marts said the case was properly dismissed. He says landowners are essentially trying to regulate pipeline safety through a lawsuit - but that's the job of a federal agency.
The Pegasus Pipeline runs through Arkansas, Missouri, Illinois and Texas.
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