Supreme Court News Blog

Chad Smith re-elected as Cherokee chief

Sun, 24 Jun 2007 08:57:44 +0000

TAHLEQUAH, Okla.—Chad Smith was elected to a third term as chief of the Cherokee Nation on Saturday as the tribe deals with controversy surrounding a vote to rescind the tribal membership of the descendants of its slaves.

With more than 13,600 ballots counted, Smith had won 58.8 percent of the vote, while his opponent, former Cherokee Supreme Court Justice Stacy Leeds, received 41.2 percent.

Smith was elected chief in 1999 and re-elected in 2003.

8 cases await rulings by Supreme Court

Sun, 24 Jun 2007 08:57:44 +0000

WASHINGTON (AP) -- Nearly seven months have passed since the Supreme Court heard arguments about public school integration plans. A decision, it seems, is finally at hand. Whether school districts can use race as a factor in assigning students to schools is the biggest unresolved issue among the eight remaining cases. But as the court enters what is expected to be the final week of its term, several other important topics loom. They include disputes over limits on speech, separation of churc...

Supreme Court cases still to be decided

Sun, 24 Jun 2007 08:57:44 +0000

The eight Supreme Court cases still to be decided:

SCHOOLS-RACE: Whether public schools can take race into account in assigning students to schools. The case was argued on Dec. 4.

ISSUE ADS: Whether a federal law impermissibly bars interest groups, corporations and labor unions from broadcasting "issue ads" that mention a candidate's name in the weeks before an election. The case was argued on April 25.

Ganja guru wants new federal trial

Sun, 24 Jun 2007 08:57:44 +0000

SAN FRANCISCO (AP) - The "guru of ganja" Ed Rosenthal has asked for a new federal trial less than a month after he was convicted of violating federal laws for growing marijuana.

The 63-year-old Rosenthal's attorney is arguing that the court erred in excluding evidence regarding the scientific value of medical marijuana.

Rosenthal was convicted in May of 3 cultivation and conspiracy charges after US District Court Judge Charles Breyer prohibited his lawyers from telling the jury that Rosenthal was working for a pot club sanctioned by the city of Oakland.

Lohans battle out divorce in court

Sun, 24 Jun 2007 08:57:44 +0000

MINEOLA, N.Y. (AP) -- The parents of troubled starlet Lindsay Lohan are fighting in a Long Island court over visitation of their younger children. Estranged father Michael Lohan claimed at a hearing Friday that Dina Lohan failed to make payments as part of their separation agreement. Michael Lohan's lawyer, John DiMascio, said he plans to file a motion to set aside the agreement and impending divorce by proving Dina Lohan did not live up to the terms. Dina Lohan accused Michael of breaking t...

Chase for trophy game can take wrong trail

Sun, 24 Jun 2007 08:57:44 +0000

The Boone and Crockett Club held its 26th awards program in Fort Worth this weekend. As part of the celebration, more than 100 North American trophies were displayed at Cabela's Fort Worth.

B&C is the icon of American hunting organizations. Founded in 1887 by Theodore Roosevelt, the club's mantra was the conservation of game through closed hunting seasons and bag limits.

Roosevelt was B&C's first president. He also served on a 1902 subcommittee to create an objective method for scoring and recording big game trophies. In the early 1900s, many wildlife species were at historic lows. The scoring system was not intended as a measure of bragging rights so much as a record so future generations would know the dimensions attained by species that had gone extinct.

Wild Dunes property owners face 3 costly choices to save beach

Sun, 24 Jun 2007 08:57:44 +0000

ISLE OF PALMS, S.C. --Property owners along Wild Dunes north of Charleston agree they need sand to renourish their rapidly eroding beach.

But they also face the costly predicament of where to get the sand just like other beachfront communities up and down South Carolina coast.

The sand could be taken from a sandbar, a sand shoal just off shore or dredged from the bottom far offshore.

Today in history - June 24

Sun, 24 Jun 2007 08:57:44 +0000

Today is Sunday, June 24, the 175th day of 2007. There are 190 days left in the year.

Today's Highlight in History:

On June 24, 1948, Communist forces cut off all land and water routes between West Germany and West Berlin, prompting the western allies to organize the massive Berlin Airlift.

worth keeping?

Sun, 24 Jun 2007 08:57:44 +0000

Shiloh — Residential development threatens one of the largest historic sites in St. Clair County, though local leaders hope to preserve it as a public park.

The Engelmann homestead was once a haven for 19th-century German immigrants, some of whom were contributors to the education and culture of the region.

The list of esteemed guests includes a state Supreme Court judge and lieutenant governor who helped get Abraham Lincoln elected president; the chief scientific adviser at the Missouri Botanical Garden; and a founder of the Smithsonian Institution, who was a U.S. representative and minister to Turkey.

Politicians in denial over health care

Sun, 24 Jun 2007 08:57:44 +0000

Schwarzenegger, who is fond of set-piece media events, staged one in Sacramento to tout his plan to provide health insurance to the 6.5 million Californians who lack it, but sidestepped reporters questions about the schemes legality.

The Legislatures legal office opined recently that the self-described fees that the governors plan would impose on employers and health care providers would be taxes under the state constitution and therefore would require two-thirds legislative votes. That would give conservative Republicans opposed to health care mandates a decisive political role.

The governor, however, simply ignored the issue Thursday, saying that he is involved in the big picture of expanding health care and would leave the legalities and details to others — which is a strangely aloof attitude. Were two-thirds votes required, his scheme could

Race, religion, speech cases await rulings in Supreme Court's final days

Sun, 24 Jun 2007 08:57:44 +0000

WASHINGTON ? Nearly seven months have passed since the Supreme Court heard arguments about public school integration plans. A decision, it seems, is finally at hand. Whether school districts can use race as a factor in assigning students to schools is the biggest unresolved issue among the eight remaining cases. But as the court enters what is expected to be the final week of its term, several other important topics loom. They include disputes over limits on speech, separation of church and state and executing the mentally ill.

The court's final days are being watched perhaps even more closely than usual this year because this is the first full term for Chief Justice John Roberts and the current lineup of justices.

Decisions so far in cases on abortion, discrimination and the rights of defendants have put the court on a more conservative footing with the addition of President Bush's two appointees, Roberts and Justice Samuel Alito.

Balancing justice's scale

Sun, 24 Jun 2007 08:57:44 +0000

It's not quite a case of all's well that ends well. Thanks to micromanagement by Congress, the federal sentencing system is still marred by inconsistencies and injustices. But the decision was a victory for fairness and predictability in punishment.

The court upheld a 33-month sentence for Victor Rita, a veteran of the Vietnam and Persian Gulf wars who was convicted of lying to a grand jury that was investigating illegal trade in machine guns. Rita's sentence was within guidelines devised by the U.S. Sentencing Commission, a body that, in mathematical fashion, would take account of the seriousness of the offense, the defendant's criminal history and other factors.

Then came Freddie Booker. Until the Supreme Court's 2005 decision in U.S. v. Booker, the Sentencing Commission guidelines — despite their name — were mandatory, although a judge could depart from them if he could cite an aggravating or mitigating circumstance. Following the guidelines, a federal judge had lengthened Booker's prison term for a drug conviction after determining that Booker had possessed more crack cocaine than had been alleged in his indictment. By a 5-4 vote, the Supr...

50th anniversary of desegregation

Sun, 24 Jun 2007 08:57:44 +0000

National Park Service Ranger Spirit Trickey feels a special connection when directing tourists down the sidewalk to Little Rock, Ariz., Central High School. Her mother made the same journey 50 years ago as one of nine black students integrating the previously all-white school."I always want people to realize that this is their history too. It's not just black history. It's American history and world history," said Trickey, the daughter of Minniejean Brown-Trickey, one of the Little Rock Nine. Th...

Bad credit report can drive up auto insurance

Sun, 24 Jun 2007 08:57:44 +0000

You always use your turn signal and observe the speed limit. The only ticket you've ever received was for an expired parking meter. You should be eligible for lower car-insurance premiums than that bozo who cut you off this morning is, right?

Not necessarily.

Ethics Survey Finds Lawyers Lower The Bar

Sun, 24 Jun 2007 08:57:44 +0000

TAMPA - Can your lawyer collect 12 hours' pay after working an eight-hour day?

A recent survey shows that about a third of U.S. lawyers have done it. Nearly half of all lawyers don't see an ethical problem with it.

The American Bar Association and the Florida Bar condemn the practice, called "double billing."

Army officer says Gitmo panels flawed

Sat, 23 Jun 2007 08:17:22 +0000

SAN JUAN, Puerto Rico—An Army officer who played a key role in the "enemy combatant" hearings at Guantanamo Bay says tribunal members relied on vague and incomplete intelligence while being pressured to rule against detainees, often without any specific evidence.

His affidavit, submitted to the U.S. Supreme Court and released Friday, is the first criticism by a member of the military panels that determine whether detainees will continue to be held.

Lt. Col. Stephen Abraham, a 26-year veteran of military intelligence who is an Army reserve officer and a California lawyer, said military prosecutors were provided with only "generic" material that didn't hold up to the most basic legal challenges.

'Brown Vs. Board' School May Be Spared

Sat, 23 Jun 2007 08:17:22 +0000

TOPEKA, Kan. -- The Kansas State Historical Society said Thursday it won't allow city officials to demolish the former all-white school that was at the center of the Brown v. Board of Education case.

The Topeka City Council had given preliminary approval this week to begin the destruction, but the historical society contends that a 2002 agreement requires the city to preserve the structure until 2012.

To change the building's architectural appearance and structural integrity, the city needs the historical society's permission, said Patrick Zollner, the state agency's director of historic preservation.

McCain Campaign Apologizes to Romney

Sat, 23 Jun 2007 08:17:22 +0000

DES MOINES, Iowa (AP) -- John McCain's presidential campaign has apologized to Republican rival Mitt Romney for comments about the Mormon church allegedly made by a volunteer earlier this year. The incident dates to a meeting of Iowa Republican activists in April, where McCain's Warren County chairman, Chad Workman, is alleged to have made negative comments about The Church of Jesus Christ of Latter-day Saints and the Mormon faith. Romney is a Mormon. A participant at the meeting said Workma...

FEMA records public, court rules

Sat, 23 Jun 2007 08:17:22 +0000

The publics right to know triumphed over government secrecy Friday when the Federal Emergency Management Agency was ordered to make public the addresses of more than 600,000 households that received $1.2 billion in aid following the 2004 hurricane season.

The News-Press, Pensacola News Journal and Florida Today newspapers, all owned by Gannett Co. Inc., sued FEMA for the names and addresses after their public-information request was denied by the agency.

A three-judge panel of the U.S. 11th Circuit Court of Appeals ruled that the newspapers have a right to the addresses, but not the names, of recipients of disaster aid.

Google staffs up in nation's capital

Sat, 23 Jun 2007 08:17:22 +0000

WASHINGTON Slowly but surely, the government is getting Googled.

Two years ago, the Google staff in Washington was one person -- Alan Davidson, an expert in technology law. Now the staff numbers a dozen, including lobbyists with close ties to both parties, and several other lawyers and lobbyists on retainer.

"I've never seen a tech company ramp up faster then they have in the last year or two -- they're using all the tools in the lobbying tool kit," said Ralph Hellmann, a top lobbyist for a tech trade association.

Alabama National BanCorporation Announces Appointment of Drayton Nabers to its Board of Directors

Sat, 23 Jun 2007 08:17:22 +0000

BIRMINGHAM, Ala., June 22 /PRNewswire-FirstCall/ -- Alabama National BanCorporation ("ANB") announced the appointment of Drayton Nabers, Jr. to its board of directors. Mr. Nabers, who is a shareholder with the law firm of Maynard, Cooper & Gale, P.C., rejoins the ANB board after serving as a director from 1995 to 2003.

Prior to joining Maynard, Cooper & Gale in March, Mr. Nabers served as the Chief Justice of the Alabama Supreme Court from June 2004 to January 2007. He served as the Finance Director for the State of Alabama in 2003 and 2004 after a distinguished 23-year career at Protective Life Corporation, where he served as Chief Executive Officer from 1992 through 2001 and Chairman from 1994 until his 2002 retirement.

"We are gratified that Drayton has agreed to rejoin our board of directors," said John H. Holcomb, III, Alabama National's Chairman and CEO. "His wisdom, experience, and integrity will prove very valuable to our company in helping to guide our future."

AP Newsbreak: Army officer says Guantanamo panels relied on vague and incomplete intelligence

Sat, 23 Jun 2007 08:17:22 +0000

SAN JUAN, Puerto Rico ? An Army officer who played a key role in the "enemy combatant" hearings at Guantanamo Bay says tribunal members relied on vague and incomplete intelligence while being pressured to rule against detainees, often without any specific evidence.

His affidavit, submitted to the U.S. Supreme Court and released Friday, is the first criticism by a member of the military panels that determine whether detainees will continue to be held.

Appeals court ruling may keep Jackson prison from closing

Sat, 23 Jun 2007 08:17:22 +0000

A federal appeals court on Friday blocked the state from moving sick inmates from a Jackson prison that is scheduled to close next month.

The order effectively keeps the facility open for now for about half, or 600, of the prisoners housed at the Southern Michigan Correctional Facility. The 6th U.S. Circuit Court of Appeals in Cincinnati is allowing the state to transfer healthy prisoners from the prison, though it was not immediately clear if the state would do so.

Friday's decision was a victory for inmates' lawyers who argue the planned closure of Southern Michigan is a blatant attempt to escape longstanding federal oversight of Jackson prisons' health care system and move prisoners to facilities where there is no scrutiny.

Deuell: Jessica’s Law, health services top 80th Legislature achievements

Sat, 23 Jun 2007 08:17:22 +0000

Sen. Bob Deuell (R-Greenville) praised advances in health and human services, called for better water conservation by Metroplex residents, called Jessica’s Law a win for children and generally praised actions taken by the 80th Texas Legislature in an address Tuesday to the Mesquite Republican Club.Deuell represents District 2, which includes portions of Dallas County, including Garland, Mesquite and Rowlett, in addition to Rockwall County. Dallas County represents 40 percent of his Distric...

He has concern with the growing costs of health and human services in Texas.“The state budget is $152 billion and health and human services is approaching 40 percent of that,” Deuell said. “Over half of the babies born in Texas are Medicaid.”The governor presented an initiative in February titled “Healthier Texas,” which was intended to assist two million residents in finding more affordable insurance options.The legislature passed Senate Bill 10 and Hous...

Securities Plaintiffs Attorneys Comment on Tellabs Supreme Court Decision

Sat, 23 Jun 2007 08:17:22 +0000

Tellabs Decision Establishes Uniform Standard for Tough Pleading Standards in 1995 Law

WASHINGTON, June 22 /PRNewswire-USNewswire/ -- The National Association of Shareholder and Consumer Attorneys today issued the following statement on the Supreme Court's June 21 decision in Makor v. Tellabs, Inc.:

"The Private Securities Litigation Reform Act of 1995 introduced tough new pleading standards for investors filing securities fraud class action lawsuits. Yesterday, in its Tellabs, Inc. decision, the Supreme Court promulgated a national test for applying those standards, providing further guidance on the pleading burden that investors must meet before they can litigate their cases and recover damages incurred by those who defraud them.