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Senate confirms Barrett replacement on federal appeals court
Legal Career News |
2020/12/17 13:23
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The Senate has confirmed an Indiana prosecutor to replace Supreme Court Justice Amy Coney Barrett on a federal appeals court based in Chicago.
Thomas Kirsch, who currently serves as U.S. Attorney for the Northern District of Indiana, will replace Barrett as a judge on the U.S. Court of Appeals for the 7th Circuit. Kirsch was confirmed Tuesday on a 51-44 vote.
Three Democrats Arizona Sens. Kyrsten Sinema and Mark Kelly and West Virginia Sen. Joe Manchin voted for him in what was otherwise a party-line vote. Four Republican senators and Vice President-elect Kamala Harris did not vote.
President Donald Trump named Kirsch as Barrett’s replacement before she was confirmed to the high court in October, and the Senate Judiciary Committee advanced his nomination last week. Kirsch graduated from Indiana University and earned his law degree from Harvard.
Illinois Sen. Dick Durbin, who is expected to become the top Democrat on Judiciary in the next Congress, said Kirsch’s quick nomination and confirmation showed that Trump and Senate Republicans were intent on forcing through as many conservative judges as possible.
“They have kept the nominations assembly line going,″ Durbin said.
Sen. Todd Young, R-Ind., said Kirsch “is a man of character, he’s a man of integrity, and he believes in the rule of law.”
Sen. Mazie Hirono, D-Hawaii, said Kirsch’s nomination is “further entrenching the lack of diversity that is characteristic of President Trump’s judicial nominees,” noting that the appeals court he will join is the only all-white federal appeals court in the country. |
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Georgia high court rejects latest Trump election appeal
Legal Career News |
2020/12/14 11:39
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President Donald Trump has lost his latest legal challenge seeking to overturn Georgia’s election results, with the state Supreme Court’s rejection late Saturday of a case from Trump’s campaign and Georgia Republican Party Chairman David Shafer.
The suit - similar to other Trump team legal challenges, which made baseless allegations of widespread fraud in Georgia’s presidential election - was initially filed Dec. 4, then rejected by the Fulton County Superior Court because the paperwork was improperly completed and it lacked the appropriate filing fees.
The case was subsequently appealed directly to the state Supreme Court, asking justices to consider the case before Monday’s meeting of the Electoral College. In a brief order, justices wrote that “petitioners have not shown that this is one of those extremely rare cases that would invoke our original jurisdiction.”
It’s the latest legal setback in the president’s efforts to overturn the election results. On Friday the U.S. Supreme Court rejected a lawsuit backed by Trump seeking to overturn Democrat Joe Biden’s election victory, a move that ended a desperate attempt to get legal issues rejected by state and federal judges before the nation’s highest court.
Even as lawsuits filed by Trump and his allies have been rejected around the country, the president has continued to make repeated baseless claims of widespread fraud. In Georgia, he has rained criticism on Secretary of State Brad Raffensperger and Gov. Brian Kemp, both fellow Republicans.
Raffensperger has been steadfast in his defense of the integrity of the election in the state, and Kemp has said he has no power to intervene in elections.
Results certified by Raffensperger last month showed that Biden led by a margin of 12,670 votes, or 0.25% of the roughly 5 million ballots cast. An audit involving a hand count of the paper ballots also showed Biden won.
Last week, Raffensberger again recertified the state’s election results after a recount requested by Trump confirmed once again that Biden won the state, and the governor then recertified the state’s 16 presidential electors.
“We have now counted legally cast ballots three times, and the results remain unchanged,” Raffensperger said during a news conference at the state Capitol. |
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Trump faces tough road in getting Supreme Court to intervene
Legal Career News |
2020/11/07 10:21
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President Donald Trump has repeatedly said there’s one place he wants to determine the outcome of the presidential election: the U.S. Supreme Court. But he may have a difficult time ever getting there.
Over the last two days, Trump has leaned in to the idea that the high court should get involved in the election as it did in 2000. Then, the court effectively settled the contested election for President George W. Bush in a 5-4 decision that split the court’s liberals and conservatives.
Today, six members of the court are conservatives, including three nominated by Trump. But the outcome of this year’s election seemed to be shaping up very differently from 2000, when Florida’s electoral votes delivered the presidency to George W. Bush.
Then, Bush led in Florida and went to court to stop a recount. Trump, for his part, has suggested a strategy that would focus on multiple states where the winning margins appear to be slim. But he might have to persuade the Supreme Court to set aside votes in two or more states to prevent Joe Biden from becoming president.
Chief Justice John Roberts, for his part, is not likely to want the election to come down to himself and his colleagues. Roberts, who was not on the court for Bush v. Gore in 2000 but was a lawyer for Bush, has often tried to distance the court from the political branches of government and the politics he thinks could hurt the court’s reputation.
It’s also not clear what legal issues might cause the justices to step in. Trump has made repeated, unsubstantiated claims of election fraud. Lawsuits filed by his campaign so far have been small-scale efforts unlikely to affect many votes, and some already have been dismissed.
Still, Trump has focused on the high court. In the early morning hours following Election Day he said: “We’ll be going to the U.S. Supreme Court — we want all voting to stop.” And on Thursday, as Biden inched closer to the 270 Electoral College votes needed to win the White House, Trump again told Americans, “It’s going to end up, perhaps, at the highest court in the land, we’ll see.” On Twitter too he urged, “U.S. Supreme Court should decide!”
There is currently one election case at the Supreme Court and it involves a Republican appeal to exclude ballots that arrived after Election Day in the battleground state of Pennsylvania. But whether or not those ballots ultimately are counted seems unlikely to affect who gets the state’s electoral votes.
Biden opened a narrow lead over Trump on Friday, and any additional mail-in votes probably would help Biden, not the president.
Still, Trump’s campaign is currently trying to intervene in the case, an appeal of a decision by Pennsylvania’s highest court to allow three extra days for the receipt and counting of mailed ballots. Because the case is ongoing, the state’s top election official has directed that the small number of ballots that arrived in that window, before 5 p.m. Friday, be separated but counted. Republicans on Friday asked for a high court order ensuring the ballots are separated, and Justice Samuel Alito, acting on his own, agreed, saying he was motivated in part by the Republicans’ assertion that they can’t be sure elections officials are complying with guidance. |
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Supreme Court to hear case about juvenile life sentences
Legal Career News |
2020/11/03 08:50
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The Supreme Court is to hear arguments in a case that could put the brakes on what has been a gradual move toward more leniency for children who are convicted of murder. The court has concluded over the last two decades that children should be treated differently from adults, in part because of their lack of maturity. But a court that is even more conservative, particularly following the addition of Justice Amy Coney Barrett, could move in the other direction.
Barrett is expected to participate in arguments Tuesday, the second day she is hearing arguments following her confirmation last week. The case before the justices, who are continuing to hear arguments by telephone because of the coronavirus pandemic, has to do with what courts must conclude before sentencing a juvenile to life in prison without the possibility of parole.
The question stems from the court’s previous rulings on juvenile offenders. In 2005, the court eliminated the death penalty for offenders who were under 18 when they committed crimes. And in 2010 the court eliminated life-without-parole sentences for juveniles, except in cases where a juvenile has killed someone.
Then, in 2012, the justices in a 5-4 decision said juveniles who killed couldn’t automatically get life sentences with no chance of parole. And four years later, the justices said those sentences should be reserved “for all but the rarest of juvenile offenders, those whose crimes reflect permanent incorrigibility.”
The justices are now being asked whether a juvenile has to be found to be “permanently incorrigible” before being sentenced to life without parole. No longer on the court are Justices Ruth Bader Ginsburg and Anthony Kennedy, who were key to the 2012 decision limiting the use of life sentences. More conservative justices have replaced them.
The specific case before the justices involves Mississippi inmate Brett Jones, who was 15 and living with his grandparents when he fatally stabbed his grandfather. The two had a fight in the home’s kitchen after Bertis Jones found his grandson’s girlfriend in his grandson’s bedroom. Brett Jones, who was using a knife to make a sandwich before the fight, stabbed his grandfather first with that knife and then, when it broke, with a different knife.
He was convicted and sentenced to life in prison without the possibility of parole. He is now 31.
The Supreme Court last year heard arguments in a different case about juvenile life sentences. That case involved Lee Boyd Malvo, who is serving life in prison for his role in the 2002 sniper spree that terrorized the Washington, D.C., area. But the case was dropped after Virginia passed legislation that gives those who were under 18 when they committed their crime an opportunity to seek parole after serving 20 years. Malvo, who was 17 when he committed his crimes, will be eligible for parole in 2024. |
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Justices deny fast, new look at Pennsylvania ballot deadline
Legal Career News |
2020/10/30 12:25
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The Supreme Court on Wednesday said it would not grant a quick, pre-election review to a new Republican appeal to exclude absentee ballots received after Election Day in the presidential battleground state of Pennsylvania, although it remained unclear whether those ballots will ultimately be counted. The court’s order left open the possibility that the justices could take up and decide after the election whether a three-day extension to receive and count absentee ballots ordered by Pennsylvania’s high court was proper.
The issue would take on enormous importance if Pennsylvania turns out to be the crucial state in next week’s election and the votes received between Nov. 3 and Nov. 6 are potentially decisive. The Supreme Court ruled hours after Pennsylvania’s Department of State agreed to segregate ballots received in the mail after polls close on Tuesday and before 5 p.m. on Nov. 6. President Donald Trump’s campaign suggested that those ballots will never be counted.
“We secured a huge victory when the Pennsylvania Secretary of State saw the writing on the wall and voluntarily complied with our injunction request, segregating ballots received after the Nov. 3 deadline to ensure they will not be counted until the Supreme Court rules on our petition,” Justin Clark, a deputy campaign manager, said in an interview. The court, Clark said, deferred “the most important issue in the case, which is whether state courts can change the time, place and manner of elections, contrary to the rules adopted by the Legislature.”
Pennsylvania’s Department of State could not immediately say Wednesday night whether it would revise its guidance to the counties about whether to count those ballots. The Alliance for Retired Americans, which had sued in Pennsylvania state courts for an extended deadline, said the ruling means that ballots arriving during the three-day period after Election Day will be counted. “This is an enormous victory for all Pennsylvania voters, especially seniors who should not have to put their health at risk during the pandemic in order to cast a ballot that will be counted,” Richard Fiesta, the alliance’s executive director, said in a statement.
New Justice Amy Coney Barrett did not take part in the vote “because of the need for a prompt resolution of it and because she has not had time to fully review the parties’ filings,” court spokeswoman Kathy Arberg said in an email. Justice Samuel Alito, writing for three justices, indicated he would support the high court’s eventual review of the issue. But, he wrote, “I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election.” Last week, the justices divided 4-4, a tie vote that allowed the three-day extension ordered by the Pennsylvania Supreme Court to remain in effect.
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