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Keyword: activistjudge

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  • Florida gay marriage ban heads for midnight end [Into the Abyss. Media Delighted]

    01/05/2015 2:09:02 AM PST · by SoFloFreeper · 14 replies
    Florida's ban on marriages between same-sex couples is headed for a midnight end, with wedding vows planned around the state. A stay expires late Monday in a federal judge's ruling striking down the ban enacted in 2008 by voters. Several court clerks are planning to begin issuing....
  • Judge: Give NSA unlimited access to digital data

    12/06/2014 10:32:28 AM PST · by RememberRonnie · 42 replies
    PC World ^ | 12-04-2014 | Grant Gross
    The U.S. National Security Agency should have an unlimited ability to collect digital information in the name of protecting the country against terrorism and other threats, an influential federal judge said during a debate on privacy. "I think privacy is actually overvalued," Judge Richard Posner, of the U.S. Court of Appeals for the Seventh Circuit, said during a conference about privacy and cybercrime in Washington, D.C., Thursday. "Much of what passes for the name of privacy is really just trying to conceal the disreputable parts of your conduct," Posner added. "Privacy is mainly about trying to improve your social and...
  • Gay Texas Judge Refuses to Wed Straight Couples

    10/01/2014 7:20:58 AM PDT · by lbryce · 42 replies
    Washington Post ^ | 2/24/2012 | Elizabeth Flock
    Correction: This post initially stated that Judge Tonya Parker was “no longer” marrying straight couples. Judge Parker has never performed such marriage ceremonies. This version has been corrected. Catholic priests have refused to marry same-sex couples for years. Judge Tonya Parker (Dallas County) Now, a Texas judge has an answer to that, saying she will not marry straight couples until gay marriage is legal in the state. Judge Tonya Parker of Dallas County told the Dallas Voice that she respectfully tells couples why she can’t conduct their marriage ceremony: “I'm sorry. I don't perform marriage ceremonies because we are in...
  • Judge removes Jindal’s Common Core ban

    08/21/2014 7:12:24 AM PDT · by GIdget2004 · 39 replies
    Washington Times ^ | 08/20/2014 | Kellan Howell
    A Louisiana district judge removed Republican Gov. Bobby Jindal’s executive order banning Common Core testing on Tuesday. Mr. Jindal has been fighting an uphill battle since June with the state’s board of education to combat Louisiana’s participation in PARCC, a collective of states working together to develop standardizes testing based on Common Core. In a written opinion, Judge Todd Hernandez, said the injunction on testing that was granted at Mr. Jindal’s request caused anxiety within the school system. “The evidence is clear that this state of the unknown has caused anxiety and other harm to the parents, teachers, administrators and...
  • Texas Judge Said 14-Year-Old in Rape Case ‘Wasn’t the Victim She Claimed to Be’ (Democrat WOW)

    05/05/2014 5:42:51 PM PDT · by nickcarraway · 80 replies
    New York Magazine ^ | 5/5 | Joe Coscarelli
    State District Judge Jeanine Howard of Dallas has removed herself from a controversial rape case after questioning the victim's innocence and sentencing the admitted rapist to community service at a rape crisis center. Yes, really. Howard voluntary recused herself following an interview with the Dallas Morning News last week, in which she said the girl, 14 at the time, "wasn't the victim she claimed to be," and the attacker, then 18, "is not your typical sex offender." The judge, a Democrat running unopposed for reelection in the fall, cited medical records that showed the girl's past sexual activity and that...
  • Judges and Voter ID (Wisconsin)

    05/02/2014 9:58:50 AM PDT · by jazusamo · 33 replies
    National Review Online ^ | May 2, 2014 | Hans A. von Spakovsky
    If the state provides free IDs, is there really an “unjustified burden” on poor voters?To better understand the contrast between an activist, liberal judge who refuses to follow the law and a judge who understands that his job is to follow precedent and the Constitution, consider two recent federal cases on voter-ID laws. On Tuesday, federal-district-court judge Lynn Adelman — a Clinton appointee, former Democratic state senator, and former Legal Aid Society lawyer — held that Wisconsin’s voter-ID requirement violates Section 2 of the Voting Rights Act, as well as the Fourteenth Amendment, because it places “an unjustified burden on...
  • Federal Judge: Right to Same-Sex Marriage Is 'Deeply Rooted in Nation’s History and

    12/23/2013 9:20:08 AM PST · by rktman · 31 replies
    CNSNews ^ | 12/21/2013 | Terence P. Jeffrey
    Judge Robert J. Shelby, whom President Barack Obama appointed to the U.S. District Court in Utah last year, issued an opinion on Friday declaring that a right to same-sex marriage is "deeply rooted in the nation’s history and implicit in the concept of ordered liberty."
  • Gay marriage catches conservative Utah off guard

    12/21/2013 7:43:18 PM PST · by Olog-hai · 23 replies
    Associated Press ^ | Dec 21, 2013 7:39 PM EST | Michelle L. Price
    A day after a judge’s surprise ruling overturned Utah’s same-sex marriage ban, at least one county clerk intended to open early Saturday to issue licenses. About 40 minutes north of Salt Lake City, about 300 hundred people showed up at the Weber County Clerk’s Office on Saturday afternoon but were later turned away without marriage licenses. […] The confusion Saturday and reports of other crowds scrambling to find an open office illustrated how gay marriage caught many in Utah off guard. …
  • Federal Judge: Right to Same-Sex Marriage Is 'Deeply Rooted in Nation’s History and Implicit

    12/21/2013 3:50:17 PM PST · by ColdOne · 61 replies
    cnsnews.com ^ | 12/21/13 | Terence P. Jeffrey
    Judge Robert J. Shelby, whom President Barack Obama appointed to the U.S. District Court in Utah last year, issued an opinion on Friday declaring that a right to same-sex marriage is "deeply rooted in the nation’s history and implicit in the concept of ordered liberty." Shelby was confirmed to the federal bench by a voice vote of the Senate on Sept. 21, 2012. There was no debate over his nomination, and no senator objected to his confirmation. He has now issued an opinion that could fundamentally alter American law and culture. “The State’s second argument is that the Plaintiffs are...
  • Disturbing background of federal judge who issued ruling against Pastor Scott Lively.

    12/21/2013 6:31:00 AM PST · by massmike · 14 replies
    http://massresistance.com/ ^ | 12/21/2013 | n/a
    The federal judge who recently issued a vitriolic 79-page ruling against Pastor Scott Lively has a disturbing background revealing prejudices and improprieties that under federal law should certainly have disqualified him from presiding over the case, MassResistance has discovered. Presiding Federal Judge Michael Ponsor issued the ruling back in August. The homosexual movement is infamous for its success at shrewd "judge shopping" to push their agenda in the US court system. Ponsor was clearly a perfect choice. Ponsor is openly liberal and a protégé of pro-homosexual Judge Joseph Tauro, who recently ruled to strike down DOMA in the federal court....
  • Illinois Same-Sex Couples Facing Death Can Marry Early

    12/17/2013 3:06:52 AM PST · by lbryce · 14 replies
    Buzzfeed ^ | December 16, 2013 | Tony Merevick
    Starting Monday, Illinois same-sex couples facing terminal illness can marry — nearly six months ahead of the state’s new marriage equality law taking effect, a federal judge in Chicago ruled. U.S. District Court Judge Sharon Johnson Coleman has ordered the Cook County Clerk’s office to immediately issue marriage licenses to all Illinois same-sex couples who can provide a doctor’s declaration stating that one or both of them has a life-threatening illness that would prevent them from marrying after the marriage equality law takes effect June 1. “When you have a terminal illness, every day is significant,” Camilla Taylor, Marriage Project...
  • Liberal Judge: My Reverse Racism Made Me Convict White ‘Killer’

    12/12/2013 1:13:43 PM PST · by Main Street · 48 replies
    nypost.com ^ | December 12, 2013 | Josh Saul
    Retired Brooklyn Supreme Court Judge Frank Barbaro wants a white man he convicted in 1999 of killing a black man to be freed — claiming Wednesday he based the verdict on his own reverse racism. The 86-year-old former jurist convicted Donald Kagan, now 39, of fatally shooting Wavell Wint, 22, during a struggle over Kagan’s chain outside an East New York movie theater in 1998. But Barbaro told a court that, because of his viewpoint as a civil-rights activist, he didn’t consider a justification defense by Kagan in the nonjury trial. “Mr. Kagan had no intent to kill that man...
  • Florida Teen Kaitlyn Hunt Accepts Plea Deal in Sex With Underage Girlfriend Case

    10/03/2013 2:43:24 PM PDT · by nickcarraway · 49 replies
    NBC Miami ^ | Thursday, Oct 3, 2013
    Kaitlyn Hunt will stay in jail until mid-December.A Florida teen accused of having sex with her underage girlfriend accepted a plea deal Thursday that her attorney says is in her best interest. Kaitlyn Hunt, 19, pleaded no contest to battery, interference with child custody and contributing to the dependency of a child. Hunt was charged in February with having sex with a 14-year-old female schoolmate. Hunt was 18 at the time. A previous plea deal was withdrawn in August following allegations that Hunt exchanged thousands of texts with the girl and sent her nude photos. A judge revoked her bond,...
  • Lesbian cheerleader gets ANOTHER plea deal

    10/03/2013 10:30:18 AM PDT · by massmike · 33 replies
    dailymail.co.uk ^ | 10/03/2013 | DAILY MAIL REPORTER
    Florida prosecutors offered Kaitlyn Hunt, 19, a third plea deal Wednesday after she'd refused or lost the previous ones in her ongoing legal saga over her sexual relationship with a 14-year-old female classmate. Hunt has been in jail ever since and is expected to accept this newest offer, which requires her to remain in jail until December 20 and serve two years house arrest. The deal would see Hunt remain in jail until December 20. She would then begin two years of electronically monitored house arrest. Nine months of probation would follow. According to CNN, ff she has no violations,...
  • Judge orders morning-after pill available without prescription (To females of ANY age!)

    04/05/2013 9:22:07 AM PDT · by 2ndDivisionVet · 24 replies
    CNN ^ | April 5, 2013 | Elizabeth Landau
    A federal judge in Brooklyn, New York, has ordered the U.S. Food and Drug Administration to make the morning-after birth control pill available to people of any age without a prescription. The order overturned a 2011 decision by Health and Human Services Secretary Kathleen Sebelius to require a prescription for girls under 17. The FDA said it couldn't comment because it is an ongoing legal mater. The American College of Obstetricians and Gynecologists recommended last year that oral contraceptives be sold over the counter in an effort to reduce the number of unintended pregnancies in the United States. Opponents of...
  • Judge Bans Ex-Gay Ads on London Buses; Christian Groups Blast Double Standard

    03/25/2013 1:34:18 PM PDT · by ilovesarah2012 · 9 replies
    christianpost.com ^ | March 25, 2013 | Stoyan Zaimov
    A London judge upheld a ban last week against ads on city buses that suggest that homosexuality can be overcome. British-based Christian group Core Issues Trust had hoped to run the slogan "Not gay! Ex-gay, post-gay and proud. Get over it!" on the sides of London's famous double-decker buses, but in a 35-page ruling, High Court Judge Beverley Lang argued that the ad could be used to promote homophobic attacks, which trumps the group's freedom of expression. "[The advert] was not a contribution to a reasoned debate," Judge Lang wrote, according to Reuters. Core Issues Trust, however, says that they...
  • Brothel Patrons Have No Legal Expectation of Privacy, Judge Rules

    02/04/2013 8:37:22 PM PST · by Slings and Arrows · 16 replies
    Wired News | 01.28.13 | David Kravets
    Title and link only.
  • Appellate court: Judge Jon Kerry Blackwood off the torture-slaying retrials

    10/25/2012 5:04:10 PM PDT · by SmithL · 6 replies
    Knoxville News Sentinel ^ | 10/25/12 | News Sentinel staff
    Handing down a victory for Knox County prosecutors, the Tennessee Court of Criminal Appeals today ruled Judge Jon Kerry Blackwood must recuse himself from presiding over retrials for three defendants convicted in the 2007 torture-slayings of a young Knox County couple. A stay previously entered in the retrial of these cases will remain in effect until the chief justice of the Tennessee Supreme Court appoints a replacement judge or pending further orders of this court of the Supreme Court, Judge Robert W. Wedemeyer wrote in the ruling for the three-member panel. "Upon that appointment, the new trial judge shall review...
  • Roberts Switched Views to Uphold Health Care Law (Original CBS Report)

    07/01/2012 12:16:38 PM PDT · by kristinn · 310 replies
    CBS News ^ | Sunday, Juy 1, 2012 | Jan Crawford
    Chief Justice John Roberts initially sided with the Supreme Court's four conservative justices to strike down the heart of President Obama's health care reform law, the Affordable Care Act, but later changed his position and formed an alliance with liberals to uphold the bulk of the law, according to two sources with specific knowledge of the deliberations. Roberts then withstood a month-long, desperate campaign to bring him back to his original position, the sources said. Ironically, Justice Anthony Kennedy - believed by many conservatives to be the justice most likely to defect and vote for the law - led the...
  • Roberts jokes about trip to 'impregnable' fortress

    06/29/2012 1:57:30 PM PDT · by Alissa · 122 replies
    AP ^ | Jun 29, 3:10 PM EDT | JOE MANDAK
    FARMINGTON, Pa. (AP) -- U.S. Supreme Court Chief Justice John Roberts joked that he'll spend some time on an "impregnable island fortress" now that the court has ended a session that featured him casting the decisive vote to uphold President Barack Obama's health care law.
  • Supreme Court Justice Roberts jokes about hiding after key health-care vote

    06/29/2012 11:26:07 AM PDT · by Anti-Hillary · 159 replies
    Seattle Times ^ | 6-29-12 | JOE MANDAK
    U.S. Supreme Court Chief Justice John Roberts is joking that he’ll be spending some time in “an impregnable fortress” after casting the decisive vote upholding President Barack Obama’s health care law. Responding to a question about his summer plans, Roberts quipped that he thought his planned trip to Malta to teach a class was a “good idea.” He delivered the joke Friday at a federal court conference at a posh Pennsylvania resort. Roberts declined to answer a question about the landmark opinion issued Thursday. But he says he hopes the court will be remembered for “protecting equal justice under the...
  • Court ruling could widen health coverage disparities among states

    06/29/2012 4:14:09 AM PDT · by CutePuppy · 8 replies
    LA Times ^ | June 28, 2012 | Noam Levey
    President Obama, in his drive for a national healthcare overhaul, strove to provide a new guarantee that all Americans, no matter where they lived, would have basic protection against sickness and disease, ending decades of variations among states. ..... < snip > Under the court's ruling, states will be free to decide not to cover all their poor residents through their Medicaid programs.That may mean liberal states that have embraced the healthcare law such as California, Massachusetts and Maryland will in 2014 effectively offer all their residents health coverage, a key goal of the law Obama signed two years ago....
  • Judge Blackwood orders new trials in Christian/Newsom torture slayings

    06/06/2012 1:05:20 PM PDT · by SmithL · 19 replies
    Knoxville News Sentinel ^ | 6/6/12 | Jamie Satterfield
    KNOXVILLE — An order has been filed ordering new trials for the defendants in a January 2007 torture slaying, according to John Gill, special counsel to Knox County District Attorney General Randy Nichols. This comes despite a request from prosecutors that Special Judge Jon Kerry Blackwood recuse himself from the case of the killings of Channon Christian, 21, and Christopher Newsom, 23. . . . Late last month, the Tennessee Supreme Court ruled Blackwood's legal reasoning for granting new trials was faulty but left the door open for him to do so if he found different legal grounds.
  • Judge: CalPERS can offer long-term care insurance to gay couples

    05/26/2012 12:04:17 PM PDT · by SmithL · 10 replies
    Sacramento Bee ^ | 5/26/12 | Dale Kasler
    In a major case involving gay rights at CalPERS, the nation's largest public pension fund has been ordered to offer its long-term care insurance program to same-sex partners of California workers. A federal judge in Oakland struck down portions of the federal Defense of Marriage Act that have prevented the California Public Employees' Retirement System from extending the insurance to gay spouses and domestic partners. In a ruling released Thursday, U.S. District Judge Claudia Wilken said the ban served no "legitimate governmental interest" and was apparently "motivated by anti-gay animus."
  • NY judge grants class action status to frisk suit

    05/16/2012 10:47:31 AM PDT · by SmithL · 11 replies
    AP via SFGate ^ | 5/16/12 | LARRY NEUMEISTER, Associated Press
    Finding the city's attitude "deeply troubling," a judge granted class action status Wednesday to a 2008 lawsuit accusing the New York Police Department of discriminating against blacks and Hispanics with its stop-and-frisk policies aimed at reducing crime. U.S. District Judge Shira Scheindlin in Manhattan said in a written ruling that there was "overwhelming evidence" that a centralized stop-and-frisk program has led to thousands of unlawful stops. She noted that the vast majority of New Yorkers who are unlawfully stopped will never file a lawsuit in response, and she said class-action status was created for just these kinds of court cases.
  • Federal Judge Enforces Sharia-Compliance in Ohio Prisons

    04/28/2012 1:56:25 PM PDT · by therightliveswithus · 32 replies
    Pundit Press ^ | 4/28/12 | Aurelius
    In 2011, death row inmate Abdul Awkal sued an Ohio prison because he was receiving non-halal food while in prison. As a consequence, the Ohio Department of Rehabilitation and Correction banned all pork products in prison. This year, prisoner James Rivers filed a lawsuit arguing that pork should not be outright banned. He reasoned that, should Muslims not want to eat pork, they had the right to, but that it was discriminatory to ban pork for everyone. Additionally, the prison did offer meals without pork products in them before the ban. To reinforce Rivers's lawsuit, prison authorities argued that the...
  • Judge grants injunction halting state funding cut to Planned Parenthood in Memphis

    02/16/2012 5:45:48 PM PST · by SmithL · 14 replies · 1+ views
    Memphis Commercial Appeal ^ | 2/16/12 | Scott Carroll
    A federal judge’s ruling has temporarily halted the Tennessee Department of Health’s decision to rescind funding for Planned Parenthood’s HIV and syphilis testing program. Today, U.S. Dist. Judge William Haynes granted a preliminary injunction filed by Planned Parenthood, which is suing the state over $150,000 in dropped grants. A portion of the grant money supported HIV testing at Planned Parenthood affiliates including the Memphis Gay and Lesbian Community Center.
  • Ninth Circuit Court asks Obama adminstration to clarify its deportation priorities

    02/08/2012 8:24:07 AM PST · by SmithL · 12 replies
    Contra Costa Times ^ | 2/8/12 | Matt O'Brien
    In a direct challenge to the Obama administration, a federal appeals court temporarily halted the deportation of seven immigrants until federal authorities explain whether they should be deported. "It has caused quite a stir," said San Jose immigration lawyer Bernadette Connolly, whose client David Aranda Rodriguez is one of the seven who won the unexpected reprieve Monday. A panel of the San-Francisco-based 9th U.S. Circuit Court of Appeals ruled 2-1 to give the Obama administration until March 19 to explain if Aranda Rodriguez and the other immigrants deserve a break under a new enforcement policy known as prosecutorial discretion. The...
  • Federal judge may overturn CalPERS care rule

    01/31/2012 9:39:24 AM PST · by SmithL · 4 replies
    Sacramento Bee ^ | 1/31/12 | Dale Kasler
    CalPERS refuses to sell its long-term care insurance to the same-sex partners of state workers, on the grounds that federal law doesn't allow it. Now a judge in Oakland seems ready to overturn that federal ban. Last week, U.S. District Judge Claudia Wilken refused to dismiss a class-action lawsuit against CalPERS and the U.S. government over the California pension fund's long-term care program. In her ruling, she suggested the ban could be unconstitutional. While the California Public Employees' Retirement System extends most benefits to same-sex couples, it has denied long-term care coverage to the same-sex spouses or domestic partners of...
  • Judge strikes parole-revocation provisions in California law

    01/26/2012 8:10:30 AM PST · by SmithL · 5 replies
    Sacramento Bee ^ | 1/26/12 | Denny Walsh
    A Sacramento federal judge has struck down as unconstitutional the part of California's so-called Victims' Bill of Rights that governs parole revocation. The law, enacted by voter approval of a 2008 ballot initiative known as Proposition 9, was a sweeping amendment to the state constitution, conferring a long list of entitlements on crime victims. The sections dealing with parole revocation were made part of the state's Penal Code. U.S. District Judge Lawrence K. Karlton ruled Tuesday that those sections fall short of providing the minimum due process guaranteed by the Constitution and two U.S. Supreme Court decisions, Morrissey v. Brewer...
  • Oakland police could face federal takeover

    01/25/2012 2:46:47 PM PST · by SmithL · 5 replies
    AP via SFGate ^ | 1/25/12 | PAUL ELIAS, Associated Press
    Mayor Jean Quan vowed Wednesday to quickly reform the scandal-plagued Oakland Police Department after a frustrated judge threatened a federal takeover if it fails to quickly make good on changes agreed to nine years ago. U.S. District Judge Thelton Henderson said he "remains in disbelief" that the department has failed to adopt the reforms. Henderson's frustration with the pace of improvements was evident throughout a scathing five-page ruling issued Tuesday. "This department finds itself woefully behind its peers around the state and nation," he wrote. In his ruling, Henderson increased the oversight authority of a court-appointed monitor. Oakland Police Chief...
  • Medi-Cal care trumps California's fiscal woes, judge rules

    01/06/2012 8:51:22 AM PST · by SmithL · 7 replies
    Sacramento Bee ^ | 1/6/12 | Darrell Smith
    The state's fiscal crisis does not outweigh access to health care, a federal judge said in temporarily blocking state Medi-Cal cuts that rural hospitals say would have endangered skilled nursing care for their elderly and long-term patients.The ruling by U.S. District Judge Christina Snyder in Los Angeles federal court Dec. 28 puts the brakes on Medi-Cal cuts that were intended to save California up to $623 million by trimming reimbursement rates to care providers by as much as 10 percent. An earlier round of cuts, also temporarily blocked by the courts, would double the reductions. Medi-Cal, the state's federal Medicaid...
  • Judge blocks California budget cut to hospitals for Medi-Cal

    12/30/2011 6:25:39 PM PST · by SmithL · 20 replies
    SacBee: Capitol Alert ^ | 12/30/11 | Kevin Yamamura
    A federal judge has blocked a California state budget cut that would have affected rural patients, the latest indication that courts will have the last word on Medi-Cal reductions. Gov. Jerry Brown and lawmakers cut reimbursement rates to a variety of Medi-Cal providers by 10 percent to save $623 million in their June budget. Physicians, pharmacists and hospitals, among others, have argued that the cut to California's already low payment rates would discourage providers from accepting Medi-Cal patients and reduce access. U.S. District Court Judge Christina Snyder issued a preliminary injunction Wednesday blocking the specific rate cut to nursing units...
  • California courts redefining who counts as a parent

    12/21/2011 8:24:10 AM PST · by SmithL · 25 replies
    Sacramento Bee ^ | 12/21/11 | Hudson Sangree
    Even as the definition of family in America expands and shifts, California courts are trying to keep pace by redefining whom the law regards as parents.Judges have moved beyond traditional notions of biology and adoption and have assigned parental rights to adults with no genetic or legal ties to kids.In a recent Sacramento case, an appeals court said a woman who never adopted her ex-girlfriend's children was nevertheless their parent because she acted like one – providing for them financially, cleaning up after them when they got sick, and volunteering at their school. "We're redefining what constitutes a family," said...
  • Judge grants reprieve to 372,000 on cuts in in-home care

    12/01/2011 9:06:59 PM PST · by SmithL · 14 replies
    SFGate: Politics Blog ^ | 12/1/11 | Bob Egelko
    A federal judge has apparently granted at least a temporary reprieve to 372,000 elderly and disabled Californians who faced a 20 percent cut in their in-home care on Jan. 1. U.S. District Judge Claudia Wilken of Oakland issued a temporary restraining order Thursday that prohibits the state from taking any immediate steps to carry out the reductions — in particular, from mailing out notices to all recipients, starting next week. Wilken said a lawsuit by disability-rights groups and other advocates raised “serious questions” about whether the cuts would violate federal health and disability laws by forcing recipients into nursing homes....
  • Vt. judge denies bid to keep nuke plant open

    07/18/2011 6:06:42 PM PDT · by SmithL · 43 replies
    AP via SFGate ^ | 7/18/11 | DAVE GRAM, Associated Press
    A federal judge said Monday he would not order that Vermont's only nuclear plant be allowed to remain open while a lawsuit to determine its long-term future plays out. The state is moving to close the Vermont Yankee plant, with both the governor and the state Senate on record as wanting it to close when its initial 40-year license expires next March. The plant's owner, New Orleans-based Entergy Corp., got a 20-year license extension for Vermont Yankee from the federal Nuclear Regulatory Commission and filed a lawsuit arguing that the federal action pre-empts the state's effort to close the plant....
  • California executions remain on hold for this year

    05/03/2011 7:37:18 PM PDT · by SmithL · 18 replies
    San Jose Mercury News ^ | 5/3/11 | Howard Mintz
    California will go yet another year without an execution on the largest death row in the nation. The ongoing legal challenge to the state's lethal injection procedures will not be completed this year, resulting in further delays in the ability of state officials to carry out executions at San Quentin state prison. Lawyers for the state and for death row inmates revealed during a conference with a federal judge last week that they will not be ready for a hearing in the case until at least December, according to a transcript of the proceeding released Monday. The primary holdup in...
  • Vaughn Walker, retired judge, reflects on Prop. 8

    04/07/2011 12:58:49 PM PDT · by SmithL · 11 replies
    San Francisco Chronicle ^ | 4/7/11 | Bob Egelko, Chronicle Staff Writer
    The now-retired federal judge who struck down California's ban on same-sex marriage shared his reflections with reporters for the first time Wednesday, saying that the trial should have been televised and that he never considered stepping aside because he is gay."If you thought a judge's sexuality, ethnicity, national origin (or) gender would prevent the judge from handling a case, that's a very slippery slope," former Chief U.S. District Judge Vaughn Walker told reporters in a conference room at the San Francisco courthouse where he served for 21 years."I don't think it's relevant," he said.Independent thinker Walker, 67, who retired from...
  • Dane County judge halts collective bargaining law

    03/18/2011 8:49:14 AM PDT · by Jean S · 128 replies
    Milwaukee Journal-Sentinel ^ | 3/18/11 | Patrick Marley
    Madison -- Dane County Circuit Judge Maryann Sumi issued a temporary restraining order Friday, barring the publication of a controversial new law that would sharply curtail collective bargaining for public employees.Sumi’s order will prevent Secretary of State Doug La Follette from publishing the law until she can rule on the merits of the case. Dane County Ismael Ozanne is seeking to block the law because he says a legislative committee violated the state’s open meetings law.Sumi said Ozanne was likely to succeed on the merits.
  • Dan Walters: California prison costs out of line Share

    02/16/2011 8:38:26 AM PST · by SmithL · 4 replies
    Sacramento Bee ^ | 2/16/11 | Dan Walters
    A recent Wall Street Journal article on how states are reducing their prison costs was illustrated with a photo of inmates being housed cheek-by-jowl in a California prison gymnasium. The article was also illustrated with a chart detailing how 31 states were reducing their prison spending. But California was not on the list for a very simple reason: It is not reducing prison spending, even though the number of its inmates is slowly declining. Gov. Jerry Brown's 2011-12 budget makes sharp reductions in spending on health and welfare services and higher education – permanent ones, he says – but would...
  • Slain U.S. judge's ruling upheld in immigrant case

    02/04/2011 6:39:17 PM PST · by SmithL · 26 replies
    San Francisco Chronicle ^ | 2/4/11 | Bob Egelko, Chronicle Staff Writer
    SAN FRANCISCO -- A federal appeals court has upheld $78,000 in damages to illegal immigrants who were held at gunpoint by a rancher in the southern Arizona desert, a case that prompted death threats against a federal judge who was fatally shot last month in Tucson. U.S. District Judge John Roll was one of six people slain Jan. 8 when a gunman opened fire outside a supermarket at a crowd of constituents meeting with Rep. Gabrielle Giffords, D-Ariz., who was critically wounded. Jared Lee Loughner, 22, is being held in the slayings. Roll, 63, was killed nearly three years after...
  • Court win for same-sex couples seeking benefits

    01/19/2011 6:25:43 PM PST · by SmithL · 10 replies
    San Francisco Chronicle ^ | 1/19/11 | Bob Egelko, Chronicle Staff Writer
    OAKLAND -- In a victory for gay-rights advocates, a federal judge has ruled that state employees in California can sue for discrimination over the federal government's exclusion of their same-sex spouses from a long-term health care program. U.S. District Judge Claudia Wilken of Oakland denied an Obama administration request to dismiss the suit Tuesday and signaled that she is likely to overturn provisions of the 1996 Defense of Marriage Act, which denies federal benefits to same-sex couples. A federal judge in Massachusetts declared the law unconstitutional in July, a ruling the administration is appealing. President Obama has criticized the law,...
  • [9th Circuit Court Judge] Reinhardt refuses to recuse himself in Prop 8 Appeal.

    12/02/2010 8:53:05 AM PST · by freedomwarrior998 · 34 replies
    Here, for reasons that I shall provide in a memorandum to be filed in due course, I am certain that “a reasonable person with knowledge of all the facts would [not] conclude that [my] impartiality might reasonably be questioned.” United States v. Nelson, 718 F.2d 315, 321 (9th Cir. 1983); see also Sao Paulo State of the Federated Republic of Brazil v. Am. Tobacco Co., 535 U.S. 229, 233 (2002) (per curiam). I will be able to rule impartially on this appeal, and I will do so. The motion is therefore DENIED.
  • Judge Will Let DOJ Suit Against Arizona Proceed

    10/12/2010 12:10:52 PM PDT · by roses of sharon · 39 replies
    From the Courthouse News Service, a federal district judge has rejected a motion to dismiss the suit brought by the Obama Justice Department against the state of Arizona: PHOENIX (CN) – A federal judge rejected motions in which Gov. Jan Brewer, Maricopa County Sheriff Joe Arpaio and Pinal County Sheriff Paul Babeu sought dismissal of a lawsuit challenging the constitutionality of Arizona’s new immigration law. The complaint filed by civil rights groups, including Friendly House and the American Civil Liberties Union, contains sufficient allegations that S.B. 1070 perceptibly impairs the ability of the organizational plaintiffs to provide the services that...
  • US APNewsAlert { Don't ask, Don't tell }

    10/12/2010 12:44:14 PM PDT · by SmithL · 107 replies
    AP via SFGate ^ | 10/12/10
    Federal judge issues nationwide injunction stopping enforcement
  • Supreme Court Justice Breyer Open to Banning Koran Burning

    09/14/2010 6:19:55 AM PDT · by kristinn · 347 replies · 3+ views
    Tuesday, September 14, 2010 | Kristinn
    U.S. Supreme Court Justice Stephen Breyer has expressed a willingness to ban protesters from burning the Koran as the modern day equivalent of shouting fire in a crowded theater.The Supreme Court has ruled burning the American flag in protest is protected speech under the First Amendment of the Constitution.Breyer spoke to George Stephanopoulos on ABC's Good Morning America today:But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that -- in the internet age -- the First Amendment condones Koran burning.“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer...
  • Judicial assault on 'Don't Ask, Don't Tell'--Activist judge decides to reorder the military

    09/10/2010 4:29:25 PM PDT · by jazusamo · 13 replies
    The Washington Times ^ | September 10, 2010 | Editorial
    Another federal judge has decided to impose her personal views on the nation's laws so that they will favor homosexual conduct. On Thursday, U.S. District Judge Virginia A. Phillips declared unconstitutional the "Don't Ask, Don't Tell" law that prohibits homosexuals from serving openly in the military. Not that it is any of her business. Judge Phillips' finding arose from a suit filed by the Log Cabin Republicans against the Clinton-era law. This Clinton-era judge invoked a "heightened scrutiny" test, which allowed her not only to analyze the direct effects of the law on homosexuals in uniform, but also to expostulate...
  • University must release Palin contract

    08/26/2010 7:57:03 AM PDT · by SmithL · 77 replies
    San Francisco Chronicle ^ | 8/26/10 | Nanette Asimov, Chronicle Staff Writer
    California State University at Stanislaus and its private foundation violated public records laws and will have to release the speakers contract with Sarah Palin they had tried to keep secret, a judge has ruled. The details of Palin's contract to speak at a June 25 fundraiser for the foundation became national news last spring after foundation officials refused to tell state Sen. Leland Yee, D-San Francisco, how much Palin would be paid. Yee has been trying to change a state law that shields campus foundations from public scrutiny. The Palin story grew more bizarre in April after students found discarded...
  • Does anyone represent California voters?

    08/17/2010 7:44:32 AM PDT · by SmithL · 17 replies
    San Francisco Chronicle ^ | 8/17/10 | Debra J. Saunders
    When 52 percent of California voters passed Proposition 8 in November 2008, Attorney General Jerry Brown said he would defend the measure during the inevitable appeals. Then, as is his fashion, Brown changed his mind. Ditto Gov. Arnold Schwarzenegger, who twice vetoed same-sex marriage bills passed by the Legislature in deference to California voters who passed an earlier same-sex marriage statute in 2000. But after Prop. 8 passed, both refused to defend the measure. This month, after U.S. District Judge Vaughn Walker ruled that Prop. 8 is unconstitutional, both Brown and Schwarzenegger urged Walker to lift a stay on his...
  • Prop 8 supporters are unhappy that ban on gay marriage has been overturned by a federal judge

    08/12/2010 8:24:41 PM PDT · by DesertRenegade · 27 replies
    Los Angeles Times ^ | August 12, 2010 | Mike Anton
    When a federal judge last week struck down California's Proposition 8 as unconstitutional, proponents of same-sex marriage cheered the decision at rallies in West Hollywood and San Francisco. Public displays of displeasure at U.S. District Chief Judge Vaughn R. Walker's ruling were far and few between. But Walker's decision struck an angry chord with many who voted for Proposition 8 in 2008. On Thursday, he extended a temporary hold on his order until Wednesday to give sponsors of the measure time to appeal the ruling. What was once a moral argument has morphed into a debate over the democratic process...