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Texas clinics ask Supreme Court to abortions during pandemic
Court Watch | 2020/04/12 11:49
Abortion clinics in Texas on Saturday asked the Supreme Court to step in to allow certain abortions to continue during the coronavirus pandemic.

The clinics filed an emergency motion asking the justices to overturn a lower-court order and allow abortions when they can be performed using medication.

Texas Gov. Greg Abbott issued an executive order last month that bars non-essential medical procedures so that medical resources can go to treating coronavirus patients. Texas' attorney general has said that providing abortions other than for an immediate medical emergency would violate the order.

A three-judge panel of the 5th U.S. Circuit Court of Appeals on Friday allowed abortions to proceed in cases where a woman would be beyond 22 weeks pregnant, the legal limit for abortions in Texas, on April 22, the day after the governor's order barring non-essential medical procedures is set to expire.


Wisconsin moves forward with election despite virus concerns
Court Watch | 2020/04/01 11:56
Voters in Wisconsin will face a choice Tuesday of participating in a presidential primary election or heeding warnings from public health officials to stay away from large crowds during the coronavirus pandemic.

Hours after Democratic Gov. Tony Evers issued an order postponing the election for two months, the conservative-controlled Wisconsin Supreme Court on Monday sided with Republicans who said he didn’t have the authority to reschedule the race on his own. Conservative justices on the U.S. Supreme Court quickly followed with a ruling blocking Democratic efforts to extend absentee voting.

The decisions leave Wisconsin as the only state with an election scheduled in April that is proceeding as planned. As other states prepare to vote in May or June, Wisconsin will be closely watched for signs that fears of the coronavirus may depress turnout or cause other problems at the polls.

Evers said he had no other options after the state court ruled against him. “There’s not a Plan B. There’s not a Plan C,” Evers said earlier Monday.

Joe Biden already has a commanding delegate lead over Bernie Sanders and the Wisconsin results aren’t likely to slow his march to the Democratic presidential nomination. But the tumult in one of the most critical general election battlegrounds was a reminder of how the coronavirus has upended politics during an election year. Beyond the shifts in the primary calendar, Biden and President Donald Trump have not been able to hold in-person campaign events and have moved most of their operations online. Sanders called Tuesday’s election “dangerous” and said his campaign will not engage in any traditional get-out-the-vote efforts.

The tension in Wisconsin over whether and how to proceed with the election has been building for weeks. Evers and Republicans initially agreed it was imperative for the election to proceed because thousands of local offices are on the ballot Tuesday for terms that begin in two weeks. There is also a state Supreme Court election.


Texas court delays 2nd execution due to virus outbreak
Court Watch | 2020/03/21 17:43
Texas’ highest criminal court on Thursday delayed the scheduled execution of a second death row inmate as the state tries to slow the spread of the coronavirus.

The Texas Court of Criminal Appeals ordered a 60-day delay of Tracy Beatty’s scheduled March 25 execution “in light of the current health crisis and the enormous resources needed to address that emergency.”

Beatty was sentenced to death for the 2003 slaying of his 62-year-old mother, Carolyn Click, near Tyler, in East Texas. The ruling noted that the court previously upheld Beatty’s conviction and sentence.

The court on Monday ordered a 60-day delay in the execution of John William Hummel, who had been scheduled to die on Wednesday for the 2009 stabbing of his pregnant wife, Joy Hummel, 45, and fatal bludgeoning of his father-in-law, Clyde Bedford, 57, with a baseball bat.

Gov. Greg Abbott on Thursday declared a state of emergency, ordering schools closed until April 3, banning dine-in eating at restaurants, and ordering bars and gyms to close. Abbott said state government would remain open.

The order also banned public gatherings of 10 or more people, which could have affected the state’s ability to carry out executions, which involve a number of people, including correctional officers, attorneys, physicians, and family members or friends of the inmates and victims.


Arkansas candidate's political ties targeted in court race
Court Watch | 2020/02/22 13:35
The race for a seat on the Arkansas Supreme Court is technically nonpartisan, but the close ties of one of the two main candidates to the state Republican Party — she's married to its leader — highlight just how partisan such campaigns have become, with outside conservative groups outspending the candidates themselves.

Barbara Webb, chief administrative law judge for the Arkansas Workers Compensation Commission and the wife of the state Republican Party chairman, is running against Pulaski County Circuit Judge Morgan “Chip” Welch in the March 3 election.

Although both candidates have been promising to be independent voices if elected to the court, Welch has been making noise about Webb's appeals to Republicans and speeches to GOP gatherings around the state. She's had public support from top Republican leaders, including Sen. Tom Cotton and former White House Press Secretary Sarah Sanders, and one of Webb's campaign mailings features a photo of GOP Gov. Asa Hutchinson.

“It hadn't escaped my notice that party politics is the family business,” Welch said recently. “It is some concern to me. I noticed that she's pretty much talking to an echo chamber of one political party.”

Webb and Welch are running for the seat being vacated by retiring Justice Jo Hart, and whoever wins will be elected to an eight year term. The court has angered conservatives in recent years with rulings blocking part of the state's plan to execute eight inmates in quick succession in 2017 and disqualifying a GOP-backed 2018 ballot measure that sought to cap the amount of damages that could be awarded in lawsuits.


Trump ally Roger Stone sentenced to over 3 years in prison
Court Watch | 2020/02/15 13:40
Roger Stone, a longtime confidant of President Donald Trump, was sentenced to more than three years in prison Thursday for obstructing a congressional investigation in a case that has sparked fears about presidential interference in the justice system.

Soon after Judge Amy Berman Jackson pronounced sentence, Trump publicly decried Stone’s conviction as unfair and prominent Republican legislators were giving tacit support for a pardon. But Trump said he wasn’t ready to act just yet.

“I want the process to play out. I think that’s the best thing to do because I would love to see Roger exonerated,” he said. “I’m going to watch the process. I’m going to watch very closely. … At some point I’ll make a determination.”

The case was marked by the Justice Department’s extraordinary about-face on a sentencing recommendation and a very public dispute between Trump and Attorney General William Barr, who said the president was undermining the department’s historical independence and making “it impossible for me to do my job.”

The president responded by asserting that he was the “chief law enforcement officer of the federal government.”

Stone was convicted in November on all seven counts of an indictment that accused him of lying to Congress, tampering with a witness and obstructing the House investigation into whether the Trump campaign coordinated with Russia to tip the 2016 election.

He was the sixth Trump aide or adviser to be convicted on charges brought as part of special counsel Robert Mueller’s investigation into possible Russian interference in the 2016 election.


Edwards takes treasurer to court over blocked fund transfer
Court Watch | 2020/02/02 19:19
Gov. John Bel Edwards sued Louisiana's state treasurer Friday for blocking a $25 million fund transfer the governor and lawmakers earmarked for government operating expenses, asking the courts to settle who has ultimate authority over the dollars.

Republican state Treasurer John Schroder repeatedly said if the Democratic governor wanted to spend the unclaimed property dollars included in the state's budget, he'd have to take him to court. After months of disagreement, Edwards complied, filing the lawsuit requesting a judge to declare Schroder's actions are illegal.

Lawmakers appropriated the unclaimed property dollars in Louisiana's $30 billion-plus operating budget. But Schroder has refused to shift the money for spending, and he similarly blocked a $15 million fund transfer last year.

“He doesn't have the discretion not to abide by an appropriation that has been lawfully made by the Legislature,” the governor said ahead of the lawsuit's filing in Baton Rouge district court.

Louisiana collects unclaimed dollars from old savings accounts, payroll checks, stocks and dividends, insurance proceeds, oil royalty payments and utility deposits on behalf of residents. The treasurer's office, designated as custodian of the property, tries to locate people owed the cash and return the money.

Though governors and lawmakers for decades have spent money from the unclaimed property escrow account on programs and services, Schroder said he and his office's lawyers don't believe Louisiana law permits the transfers.



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