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The Latest: Johnson warns of damage to political parties
Law Firm News | 2019/09/03 15:24
British Prime Minister Boris Johnson has warned of “lasting and catastrophic damage” to Britain’s political parties if the result of the Brexit referendum is not honored.

He told Sky News Friday that people protesting his decision to suspend Parliament during part of the run-up to the Oct. 31 Brexit deadline must realize that “the worst thing for democracy” would be to fail to make Brexit a reality.

He also says the protests and legal challenges to his policy are making it harder for Britain to forge a new deal with European Union leaders because they may believe Parliament can stop Brexit.

A court hearing in Scotland on a legal challenge seeking to block the British government’s plan to suspend Parliament has been moved up and will be heard on Tuesday.

The Court of Session hearing in Edinburgh had originally been set for Sept. 6.

Judge Raymond Doherty on Friday refused to grant a request to immediately halt Prime Minister Boris Johnson’s plan to suspend Parliament for several weeks but agreed that a “substantive” hearing would be held.

The government’s plan would shorten the time political opponents in Parliament would have in their bid to prevent Britain from leaving the European Union without a deal on Oct. 31 if no agreement with the EU is reached by then.


Florida high court set to clarify voting rights for felons
Law Firm News | 2019/09/01 15:22
The Florida Supreme Court waded into the legal wrangling over the voting rights of felons, agreeing Thursday to examine whether the state can continue restricting voting privileges to felons who have unpaid fines and fees.

Voters last year overwhelmingly approved a constitutional amendment restoring voting rights to as many as 1.4 million felons who have completed their sentences.

But the Republican-controlled Legislature then stipulated that to complete sentences, felons must pay all fines and fees before getting their voting rights restored. DeSantis signed the bill into law.

Voting rights groups immediately sued in federal court and likened the requirement to an illegal poll tax.

Gov. Ron DeSantis then asked the state Supreme Court for an advisory on the issue, which the court has agreed to consider.

“The Governor has the duty to implement both the amendment and the law, which must be done appropriately,” said the governor’s spokeswoman, Helen Aguirre Ferre. “That is why he is asking the Florida Supreme Court to provide an opinion on this matter and he is pleased that they have agreed to do so.”


Gun-control backers concerned about changing federal courts
Law Firm News | 2019/08/11 09:27
California has some of the toughest gun laws in the nation, including a ban on the type of high-capacity ammunition magazines used in some of the nation’s deadliest mass shootings.

How long those types of laws will stand is a growing concern among gun control advocates in California and elsewhere.

A federal judiciary that is becoming increasingly conservative under President Donald Trump and the Republican-controlled U.S. Senate has gun control advocates on edge. They worry that federal courts, especially if Trump wins a second term next year and Republicans hold the Senate, will take such an expansive view of Second Amendment rights that they might overturn strict gun control laws enacted in Democratic-leaning states.

The U.S. Supreme Court so far has left plenty of room for states to enact their own gun legislation, said Adam Winkler, a gun policy expert at the University of California, Los Angeles School of Law. But he said the success of the Trump administration in appointing federal judges, including to the high court, could alter that.


Puerto Ricans await court decision on potential new governor
Law Firm News | 2019/08/04 09:22
Puerto Rico’s Supreme Court on Monday agreed to rule on a lawsuit that the island’s Senate filed in a bid to oust a veteran politician recently sworn in as the island’s governor.

The court gave all parties until Tuesday at noon to file all necessary paperwork, noting that no extensions will be awarded.

The lawsuit seeks a preliminary injunction ordering Pedro Pierluisi to cease his functions immediately and also asks that the court declare unconstitutional a 2005 law that says a secretary of state does not have to be approved by both the House and Senate if he or she has to step in as governor.

“I want to put an end to this, but I want to do it correctly,” Senate President Thomas Rivera Schatz said during a special session in which he stated he would let the court decide the outcome, adding that Pierluisi only had five of 15 votes needed from the Senate for his earlier nomination as secretary of state.

It is unclear how quickly the Supreme Court might rule or whether it would hold a hearing or simply issue a written opinion. The announcement comes as Puerto Ricans who successfully ousted the previous governor from office following nearly two weeks of protests await yet another twist in what is a deepening constitutional crisis.


Democratic governor getting to shape Kansas' top court
Law Firm News | 2019/07/29 10:25
The Kansas Supreme Court's chief justice plans to retire before the end of the year, allowing first-year Democratic Gov. Laura Kelly to leave a bigger mark on the state's highest court than her conservative Republican predecessors.

Chief Justice Lawton Nuss announced Friday that he would step down Dec. 17 after serving on the court since 2002 and as chief justice since 2010. During Nuss' tenure as chief justice, GOP conservatives increasingly criticized the court as too liberal and too activist for the state over rulings on abortion, capital punishment and public school funding.

His announcement came a little more than two weeks after Justice Lee Johnson, another target of criticism on the right, announced plans to retire in September. That means Kelly will have two appointments to the seven-member court since she took office in January when conservative GOP Govs. Sam Brownback and Jeff Colyer had only one appointee between them during the previous eight years.

Both justices voted repeatedly to direct legislators to increase education funding in recent years and were part of the 6-1 majority that declared in April that the state constitution protects access to abortion as a "fundamental" right. They also voted to overturn death sentences in capital murder cases, though Nuss concluded that the death penalty law itself is constitutional.


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