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Groups ask court to restore protections for US gray wolves
Topics in Legal News | 2021/01/17 20:08
Wildlife advocates on Thursday asked a federal court to overturn a U.S. government decision that stripped Endangered Species Act protections for wolves across most of the nation.

Two coalitions of advocacy groups filed lawsuits in U.S. District Court in Northern California seeking to restore safeguards for a predator that is revered by wildlife watchers but feared by many livestock producers.

The Trump administration announced just days ahead of the Nov. 3 election  that wolves were considered recovered. They had been wiped out out across most of the U.S. by the 1930s under government-sponsored poisoning and trapping campaigns.

A remnant population in the western Great Lakes region has since expanded to some 4,400 wolves in Michigan, Minnesota and Wisconsin.

More than 2,000 occupy six states in the Northern Rockies and Pacific Northwest after wolves from Canada were reintroduced in Idaho and Yellowstone National Park starting in 1995. Protections for wolves in the Rockies were lifted over the last decade and hunting of them is allowed.

But wolves  remain absent across most of their historical range  and the groups that filed Thursday’s lawsuits said continued protections are needed so wolf populations can continue to expand in California and other states.

The lawsuits could complicate an effort to reintroduce wolves in sparsely populated western Colorado under a November initiative approved by voters, a state official told wildlife commissioners Thursday. If endangered species protections were restored, wolves would again fall under authority of the federal government, not the state.

In response to the lawsuits, U.S. Fish and Wildlife Service spokeswoman Vanessa Kauffman said in a statement that the gray wolf “has exceeded all conservation goals for recovery” and is no longer threatened or endangered under federal law.

Some biologists who reviewed the administration’s plan to strip protections from wolves said it lacked scientific justification.

Plaintiffs in the lawsuits include the Sierra Club, WildEarth Guardians, Humane Society of the U.S. and numerous other environmental and advocacy groups.

A small population of Mexican gray wolves in the Southwest remain protected as an endangered species. Wolves in Alaska were never under federal protection.



Republicans condemn 'scheme' to undo election for Trump
Topics in Legal News | 2021/01/05 13:47
The unprecedented Republican effort to overturn the presidential election has been condemned by an outpouring of current and former GOP officials warning the effort to sow doubt in Joe Biden's  win and keep President Donald Trump in office is undermining Americans’ faith in democracy.

Trump has enlisted support from a dozen Republican senators and up to 100 House Republicans to challenge the Electoral College  vote when Congress convenes in a joint session to confirm President-elect Joe Biden’s  306-232 win.

With Biden set to be inaugurated Jan. 20, Trump is intensifying efforts to prevent the traditional transfer of power, ripping the party apart.

Despite Trump's claims of voter fraud, state officials have insisted the elections ran smoothly and there was no evidence of fraud or other problems that would change the outcome. The states have certified their results as fair and valid. Of the more than 50 lawsuits the president and his allies have filed challenging election results, nearly all have been dismissed or dropped. He’s also lost twice at the U.S. Supreme Court.

On a call disclosed Sunday, Trump can be heard pressuring Georgia officials  to “find” him more votes.

But some senior lawmakers, including prominent Republicans, are pushing back.

“The 2020 election is over,” said a statement Sunday from a bipartisan group of 10 senators, including Republicans Susan Collins of Maine, Lisa Murkowski of Alaska, Bill Cassidy of Louisiana and Mitt Romney of Utah.

The senators wrote that further attempts to cast doubt on the election are “contrary to the clearly expressed will of the American people and only serve to undermine Americans’ confidence in the already determined election results.”

Republican Gov. Larry Hogan of Maryland said, “The scheme by members of Congress to reject the certification of the presidential election makes a mockery of our system and who we are as Americans.”

Former House Speaker Paul Ryan, a Republican, said in a statement that “Biden’s victory is entirely legitimate" and that efforts to sow doubt about the election “strike at the foundation of our republic.”

Rep. Liz Cheney of Wyoming, the third-ranking House Republican, warned in a memo to colleagues that objections to the Electoral College results “set an exceptionally dangerous precedent.”

One of the more outspoken conservatives in Congress, Arkansas Republican Sen. Tom Cotton, said he will not oppose the counting of certified electoral votes on Jan. 6. "I’m grateful for what the president accomplished over the past four years, which is why I campaigned vigorously for his reelection. But objecting to certified electoral votes won’t give him a second term?it will only embolden those Democrats who want to erode further our system of constitutional government.”

Cotton said he favors further investigation of any election problems, separate from the counting of the certified Electoral College results.


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Topics in Legal News | 2021/01/01 13:47
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Supreme Court rejects Republican attack on Biden victory
Topics in Legal News | 2020/12/12 18:50
The Supreme Court has rejected a lawsuit backed by President Donald Trump to overturn Joe Biden’s election victory, ending a desperate attempt to get legal issues rejected by state and federal judges before the nation’s highest court and subvert the will of voters.

Trump bemoaned the decision late Friday, tweeting: “The Supreme Court really let us down. No Wisdom, No Courage!”

The high court’s order earlier Friday was a stark repudiation of a legal claim that was widely regarded as dubious, yet embraced by the president, 19 Republican state attorneys general and 126 House Republicans.

Trump had insisted the court would find the “wisdom” and “courage” to adopt his baseless position that the election was the product of widespread fraud and should be overturned. But the nation’s highest court emphatically disagreed.

Friday’s order marked the second time this week that the court had rebuffed Republican requests that it get involved in the 2020 election outcome and reject the voters’ choice, as expressed in an election regarded by both Republican and Democratic officials as free and fair. The justices turned away an appeal from Pennsylvania Republicans on Tuesday.

On Monday, the Electoral College meets to formally elect Biden as the next president. Trump had called the lawsuit filed by Texas against Georgia, Michigan, Pennsylvania and Wisconsin “the big one” that would end with the Supreme Court undoing Biden’s substantial Electoral College majority and allowing Trump to serve another four years in the White House.

In a brief order, the court said Texas does not have the legal right to sue those states because it “has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”

Justices Samuel Alito and Clarence Thomas, who have said previously the court does not have the authority to turn away lawsuits between states, said they would have heard Texas’ complaint. But they would not have done as Texas wanted — setting aside those four states’ 62 electoral votes for Biden — pending resolution of the lawsuit.

Trump complained that “within a flash,” the lawsuit was “thrown out and gone, without even looking at the many reasons it was brought. A Rigged Election, fight on!”

Three Trump appointees sit on the high court. In his push to get the most recent of his nominees, Justice Amy Coney Barrett, confirmed quickly, Trump said she would be needed for any post-election lawsuits. Barrett appears to have participated in both cases this week. None of the Trump appointees noted a dissent in either case.

The four states sued by Texas had urged the court to reject the case as meritless. They were backed by another 22 states and the District of Columbia.

Republican support for the lawsuit and its call to throw out millions of votes in four battleground states was rooted in baseless claims of fraud, an extraordinary display of the party’s willingness to countermand the will of voters. House Republican Leader Kevin McCarthy of California and Minority Whip Steve Scalise of Louisiana were among those joining to support the action.

“The Court has rightly dismissed out of hand the extreme, unlawful and undemocratic GOP lawsuit to overturn the will of millions of American voters,” House Speaker Nancy Pelosi said Friday night.


Michigan court blocks 2-week absentee ballot extension
Topics in Legal News | 2020/10/19 09:02
Absentee ballots must arrive by Election Day to be counted, the Michigan Court of Appeals said Friday, blocking a 14-day extension that had been ordered by a lower court and embraced by key Democratic officials in a battleground state. Any changes must rest with the Legislature, not the judiciary, the Republican-appointed appeals court judges said in a 3-0 opinion.

Absentee ballot extensions in Wisconsin and Indiana have also been overturned by higher courts. Michigan’s ability to handle a flood of ballots will be closely watched in a state that was narrowly won by President Donald Trump in 2016. Secretary of State Jocelyn Benson last week said 2.7 million people had requested absentee ballots, a result of a change in law that makes them available to any voter.

Michigan law says absentee ballots must be turned in by 8 p.m. on Election Day to be valid. But Court of Claims Judge Cynthia Stephens had ordered that any ballots postmarked by Nov. 2 could be counted if they arrived within two weeks after the Nov. 3 election.

Stephens said there was “unrefuted evidence” about mail delivery problems because of the coronavirus pandemic. She said more than 6,400 ballots arrived too late to be counted in the August primary. The appeals court, however, said the pandemic and any delivery woes “are not attributable to the state.”

“Although those factors may complicate plaintiffs’ voting process, they do not automatically amount to a loss of the right to vote absentee,” the court said, noting that hundreds of special boxes have been set up across Michigan.  The court also reversed another portion of Stephens’ decision, which would have allowed a non-family member to deliver a completed ballot in the final days before the election if a voter consented.

“The constitution is not suspended or transformed even in times of a pandemic, and judges do not somehow become authorized in a pandemic to rewrite statutes or to displace the decisions made by the policymaking branches of government,” Judge Mark Boonstra said in a separate, 10-page concurring opinion.

Benson and Michigan Attorney General Dana Nessel, both Democrats, had declined to appeal Stephens’ rulings, leaving it to the Republican-controlled Legislature to intervene.


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