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Trump, Biden lawyer up, brace for White House legal battle
Legal Business |
2020/10/24 21:43
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President Donald Trump’s and Democratic rival Joe Biden’s campaigns are assembling armies of powerful lawyers for the possibility that the race for the White House is decided not at the ballot box but in court.
They have been engaging in a lawyer’s version of tabletop war games, churning out draft pleadings, briefs and memos to cover scenarios that read like the stuff of a law school hypothetical more than a real-life case in a democracy.
Attorneys for the Republicans and the Democrats are already clashing in courts across the U.S. over mailed-in ballot deadlines and other issues brought on by the coronavirus pandemic. And as Trump tries to sow doubt in the legitimacy of the Nov. 3 election, both sides have built massive legal operations readying for a bitterly disputed race that lands at the Supreme Court.
“We’ve been preparing for this for well over a year,” Republican National Committee Chief Counsel Justin Riemer told The Associated Press. “We’ve been working with the campaign on our strategy for recount preparation, for Election Day operations and our litigation strategy.”
On the Democratic side, the Biden campaign’s election protection program includes a special national litigation team involving hundreds of lawyers led by Walter Dellinger, acting solicitor general in the Clinton administration, and Donald Verrilli, a solicitor general under President Barack Obama, among others. Bob Bauer, a former White House counsel to Obama, and Biden campaign general counsel Dana Remus are focused on protecting the rights of voters, who have been enduring long lines at polling places around the country on the belief that the presidential election will be decided by their ballots.
Both sides are informed by the experience of the 2000 election, which was ultimately decided by the Supreme Court in Bush v. Gore. But this year, because Trump has pushed unsubstantiated claims about the potential for voter fraud with increased voting by mail, sowing doubt about the integrity of the result, lawyers are preparing for a return trip before the high court. |
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Michigan court blocks 2-week absentee ballot extension
Legal Business |
2020/10/20 09:51
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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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Justices to weigh Trump census plan to exclude noncitizens
Legal Business |
2020/10/17 09:51
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The Supreme Court agreed Friday to take up President Donald Trump’s policy, blocked by a lower court, to exclude people living in the U.S. illegally from the census count that will be used to allocate seats in the House of Representatives. Never in U.S. history have immigrants been excluded from the population count that determines how House seats, and by extension Electoral College votes, are divided among the states, a three-judge federal count said in September when it held Trump’s policy illegal.
The justices put the case on a fast track, setting arguments for Nov. 30. A decision is expected by the end of the year or early in January, when Trump has to report census numbers to the House. Trump’s high court nominee, Amy Coney Barrett, could take part in the case if, as seems likely, she is confirmed by then. Last year, the court by a 5-4 vote barred Trump from adding a census question asking people about their citizenship. Justice Ruth Bader Ginsburg, who died last month, was part of that slim majority. Barrett would take Ginsburg’s seat.
“President Trump has repeatedly tried ? and failed ? to weaponize the census for his attacks on immigrant communities. The Supreme Court rejected his attempt last year and should do so again,” said American Civil Liberties Union lawyer Dale Ho, representing a coalition of immigrant advocacy groups that challenged Trump’s plan in court.
Trump left it to Commerce Secretary Wilbur Ross, who oversees the Census Bureau, to figure out how many immigrants are not living legally in each state. The outcome of the census case could affect the distribution of political power for the next 10 years. The census also helps determine the distribution of $1.5 trillion in federal funding annually. The administration told the court that the president retains “discretion to exclude illegal aliens from the apportionment based on their immigration status.”
Trump’s violation of federal law is “not particularly close or complicated,” the ACLU said in a court filing arguing that the court shouldn’t hear the case. The Supreme Court separately allowed the administration to end the actual census count this week, blocking a court order that would have kept the count going until the end of the month.
The court did not take action on two other administration appeals of controversial policies on asylum seekers and the border wall that also were ruled illegal by lower courts. Since early last year, the administration has made asylum-seekers wait in Mexico for U.S. court hearings, which has forced tens of thousands of people to return to Mexico. |
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High Court Won't Take up Ex-Kentucky Clerk Kim Davis' Case
Legal Business |
2020/10/05 09:15
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The Supreme Court is leaving in place a decision that allowed a lawsuit to move forward against a Kentucky clerk who was jailed in 2015 after refusing to issue marriage licenses to same-sex couples.
The high court said Monday it would not take the case involving Kim Davis, the former clerk of Rowan County, and two same-sex couples who had sued her. Soon after the 2015 Supreme Court decision in which same-sex couples won the right to marry nationwide, Davis, a Christian who has a religious objection to same-sex marriage, stopped issuing all marriage licenses.
That led to lawsuits against her, and a judge ordered Davis to issue the licenses. She spent five days in jail after refusing. Davis had argued that a legal doctrine called qualified immunity protected her from being sued for damages by couples David Ermold and David Moore as well as James Yates and Will Smith. Their case will now move forward. Davis, a Republican, ultimately lost her bid for reelection in 2018. Democrat Elwood Caudill Jr. is now the county’s clerk.
Supreme Court justice Clarence Thomas wrote for himself and Justice Samuel Alito that while he agreed with the decision not to hear the case, it was a "stark reminder of the consequences" of the court's 2015 decision in the same-sex marriage case. Because of that case, he wrote, “those with sincerely held religious beliefs concerning marriage will find it increasingly difficult to participate in society without running afoul" of the case “and its effect on other antidiscrimination laws.” |
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Court OK’s $800M settlement for MGM Resorts, Vegas victims
Legal Business |
2020/10/01 09:20
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A court on Wednesday approved a settlement totaling $800 million from casino company MGM Resorts International and its insurers to more than 4,400 relatives and victims of the Las Vegas Strip shooting that was the deadliest in recent U.S. history. The action makes final a deal settling dozens of lawsuits on the eve of the third anniversary of the mass shooting that killed 58 people and injured more than 850 at an open-air concert near the Mandalay Bay resort.
“By the grace of God, myself and my family are going to be OK,” said Stephanie Fraser, a plaintiff in the lawsuit from La Palma, California. “I needed to be able to protect our kids.” Clark County District Court Judge Linda Bell, in her brief order, cited “near-unanimous participation in the settlement among potential claimants.” Authorities said more than 22,000 people were attending an outdoor music festival when a gunman firing military-style weapons from windows on the 32nd floor of the Mandalay Bay rained rapid-fire bullets into the crowd. Fraser’s husband of 13 years, Brian Fraser, a vice president at a mortgage company, died after being shot in the chest as they danced while country music singer Jason Aldean performed.
“Brian is missed beyond words by all of us — all of our family and all of our friends,” Stephanie Fraser told The Associated Press. The couple had four children and stepchildren. She and her attorney, Dan Robinson, declined to say how much they’ll receive in the settlement. “With this coming to an end, it brings closure and allows us to put pieces back together,” Fraser said. “Brian would want that for us.” MGM Resorts, owner of the hotel and the concert venue, acknowledged no liability. It will pay $49 million, while its insurance companies will pay $751 million.
“We are grateful that the decision brings families, victims and the community closer to closure,” the company said in a statement. It noted the anniversary of the Oct. 1, 2017, event, calling it “a time of great sadness and reflection.” Memorial ceremonies are scheduled Thursday at several venues in Las Vegas, including a reading of the names of the slain beginning at 10:05 p.m. — the time the first shots rang out. Attorney Robert Eglet, the plaintiffs’ lawyer who spent a year arranging the settlement with clients, legal firms and attorneys in at least 10 states, said the amounts to be disbursed will be determined by two retired judges and he’s hopeful that payments will begin going out by the end of the year.
“There’ve been no objections and we expect no appeals,” Eglet told The Associated Press. “We’ll send out notices of the order. After 30 days the $800 million will be deposited.” The case will be dismissed at that time, he added. “Our firm and the other leadership firms hope it helps victims and their families find some sense of closure and healing,” said Mark Robinson Jr., a California attorney representing Fraser and more than one-third of the shooting victims.
Eglet previously said that everyone involved “recognized there are no winners in long, drawn-out litigation with multiple trials where people and the community are reliving the event every time we try a case.” A line-by-line list of victims, identified by their initials only, runs for more than 170 pages of a 225-page civil complaint filed Sept. 9 seeking compensation and punitive damages from MGM Resorts. It accused the casino company of negligence, wrongful death and liability in the 2017 shooting.
Plaintiffs came from nearly every state in the U.S., at least eight Canadian provinces, the United Kingdom, Iran and Ireland. In various lawsuits, victims and families accused MGM Resorts of failing to protect people at the concert venue or stop the shooter from amassing an arsenal of weapons and ammunition over several days before he opened fire.
Millions of dollars could go to the most severely and permanently injured, Eglet said, depending on factors including age, number of dependents, type of injuries, previous and future medical treatment, and ability to work. A minimum $5,000 would go to each person who filed a claim for unseen injuries and did not seek medical attention or therapy. Court filings in the case don’t mention the gunman, Stephen Paddock, who killed himself before police closed in. Las Vegas police and the FBI determined the 64-year-old retired accountant and high-stakes poker player meticulously planned the attack and acted alone. They theorized he may have sought notoriety, but said they never determined a clear motive for the attack. |
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