Constitutional Law

Voter ID Law, Retirement Plan Bias Before High Court

The U.S. Supreme Court hears arguments today in two cases, one dealing with the constitutionality of Indiana’s voter ID law and the other with the legality of the use of age in retirement plans. Indiana’s law requiring voters to show a photo ID barred Valerie Williams from voting in the…

Jan 9, 2008 1:28 PM CST

Georgia Supremes Consider Practical Problems of Banishment

A Georgia Supreme Court justice asked lawyers how a defendant banished from all but one county could travel to that location upon his release from prison. If you’re banished to one central county, how do you get there?” asked Justice Harris Hines. “If you’re banished, you’re banished.” Another justice helpfully…

Jan 8, 2008 3:10 PM CST

Anti-Lethal Injection Lawyers Struggle on Way to and in High Court

A public defender who helped prepare the case against lethal injections argued yesterday took “a humble road” to the U.S. Supreme Court, according to the headline in the Kentucky Herald-Leader. Public defender David Barron, who contends the state’s three-drug death cocktail is cruel and unusual punishment, “drove to Washington in…

Jan 8, 2008 11:39 AM CST

N.H. City Says Attorney Malpractice Nixed Insurance

A New Hampshire municipality has sued its former legal counsel for malpractice, contending that he not only failed to appropriately advise the city of Claremont of the legal risks associated with firing the city tax assessor in 2000 but also failed to advise the city that the tax assessor, Steve…

Jan 7, 2008 9:17 PM CST

9th Circuit Considers Border Computer Search

A federal appeals court appears poised to rule that a computer has no special protection from searches at the border. The San Francisco-based 9th U.S. Circuit Court of Appeals is expected to rule in the case of Michael T. Arnold, who is seeking to throw out evidence of child pornography…

Jan 7, 2008 8:13 PM CST

Supreme Court Reverses 7th Circuit’s Speakerphone Lawyer Ruling

Updated: The U.S. Supreme Court has ruled against a man who contended his lawyer’s participation by speakerphone in a key hearing amounted to ineffective assistance of counsel. The Chicago-based 7th U.S. Circuit Court of Appeals had ruled (PDF posted by SCOTUSblog) for Joseph Van Patten, whose lawyer had participated by…

Jan 7, 2008 4:49 PM CST

Justices’ Questions Could Shine Light on Lethal Injection Secrecy

Lawyers challenging lethal injection procedures have been hampered by states’ refusal to disclose details about the three-drug cocktail and the identity of executioners. But justices’ questions in oral arguments today before the U.S. Supreme Court could help bring to light the controversy over access to information, the Los Angeles Times…

Jan 7, 2008 4:03 PM CST

NYT and WaPo Oppose Ky. Lethal Injection Procedure

The New York Times and the Washington Post have published editorials opposing Kentucky’s method of lethal injections as the U.S. Supreme Court takes up the issue today. Both newspapers oppose capital punishment, but they say if it is allowed, it should be done humanely. Both say Kentucky’s three-drug cocktail does…

Jan 7, 2008 2:00 PM CST

Supreme Court to Review Death Penalty in Child Rape Case

The U.S. Supreme Court today agreed to decide whether it’s constitutional to impose a death sentence for the crime of child rape. The case of 43-year-old Patrick Kennedy was among six the high court granted for review, SCOTUSBlog reports. Kennedy, who sits on death row for raping his 8-year-old stepdaughter,…

Jan 4, 2008 8:36 PM CST

Walter Dellinger to Take Over High Court Argument for Gun Ban

A lawyer who helped Washington, D.C., draft a U.S. Supreme Court brief defending its gun ban will take over as lead counsel on the Second Amendment case pending before the U.S. Supreme Court. Walter Dellinger of O’Melveny & Myers, a former acting U.S. solicitor general, takes over the role of…

Jan 4, 2008 2:34 PM CST

Alan Morrison Fired from D.C. Gun Case

Well-known litigator Alan Morrison has been fired from his post as special counsel defending Washington, D.C.’s gun ban before the U.S. Supreme Court. Morrison learned of his firing by acting D.C. Attorney General Peter Nickles in an e-mail from Nickles’ deputy, the Washington Post reports. Morrison had been hired by…

Jan 2, 2008 7:48 PM CST

N.Y. Judge Upholds Air Passenger Bill of Rights

A New York judge has upheld a state law requiring airlines to provide food, water and other amenities to passengers sitting in grounded airplanes for more than three hours. U.S. District Judge Lawrence Kahn of Albany said the law regulates passenger health and safety, and is not pre-empted by federal…

Dec 21, 2007 5:07 PM CST

Satellite Surveillance Ground Rules to Promise Legal Compliance

Homeland Security chief Michael Chertoff plans to release the legal ground rules this week for a planned satellite surveillance program in the United States. Chertoff had delayed the program after congressional critics raised questions about whether the program will preserve Americans’ privacy and civil liberties. The charter to be released…

Dec 20, 2007 4:12 PM CST

10-Rated Lawyer Wins Dismissal of Suit Against Lawyer-Ranking Website

A federal judge in Seattle has dismissed a lawsuit against a website that rates lawyers, saying the posted opinions are protected by the First Amendment. This site is called Avvo after avvocato, the Italian word for lawyer. It permits lawyers who want to improve their ratings to add information and…

Dec 19, 2007 5:09 PM CST

Lawyer Pays $21.3M for Magna Carta

A lawyer has paid $21.3 million at auction for a 710-year-old copy of the Magna Carta. David Rubenstein, a lawyer and founder of The Carlyle Group, a private equities firm, told reporters he bought the document so it can remain on display at the National Archives, Reuters reports. The Magna…

Dec 19, 2007 4:19 PM CST