|
|
|
Oregon Supreme Court halts order nixing virus restrictions
Legal World News |
2020/05/11 12:37
|
The Oregon Supreme Court late Monday halted a rural judge’s order earlier in the day that had tossed out statewide coronavirus restrictions imposed by Democratic Gov. Kate Brown.
Baker County Circuit Judge Matthew Shirtcliff had ruled that Brown erred by not seeking the Legislature’s approval to extend the stay-at-home orders beyond a 28-day limit. The Supreme Court’s ruling stays Shirtcliff’s decision pending review by all the high court justices.
In a statement, Brown praised the Supreme Court action. “There are no shortcuts for us to return to life as it was before this pandemic. Moving too quickly could return Oregon to the early days of this crisis, when we braced ourselves for hospitals to be overfilled,” she said.
The lower court judge had issued his opinion in response to a lawsuit filed earlier this month by 10 churches around Oregon that argued the state’s social-distancing directives were unconstitutional.
In a seven-page opinion, Shirtcliff wrote that the damage to Oregonians and their livelihood was greater than the dangers presented by the coronavirus. He also noted that other businesses deemed essential, such as grocery stores, had been allowed to remain open even with large numbers of people present and have relied on masks, social distancing and other measures to protect the public.
“The governor’s orders are not required for public safety when plaintiffs can continue to utilize social distancing and safety protocols at larger gatherings involving spiritual worship,” he wrote. |
|
|
|
|
|
|
High court allows bigger award in 1998 embassy bombing case
Legal Interview |
2020/05/11 12:37
|
The Supreme Court is allowing a bigger award of money to victims of the 1998 bombings by al-Qaida of the U.S. embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. Despite the court’s ruling, however, it’s unlikely the victims will ever collect the full amount.
The nearly simultaneous truck bombings at the embassies killed 224 people and injured thousands. They were the first major attacks on U.S. targets by al-Qaida.
The case the Supreme Court ruled in involves lawsuits filed by victims and their families against Sudan that accused the country of causing the bombings by aiding al-Qaida and leader Osama bin Laden, who lived in Sudan in the 1990s.
The more than 500 people involved in the case are mostly foreign citizens, either U.S. government employees or contractors injured in the bombings or relatives of those who died. A court initially awarded the group more than $10 billion, but an appeals court threw out $4 billion of the award that was punitive damages. The Supreme Court unanimously vacated the appeals court's ruling Monday. |
|
|
|
|
|
|
Nebraska court orders disclosure of execution drug records
Legal Opinions |
2020/05/08 12:38
|
Nebraska prison officials cannot withhold public records that reveal where they purchased their supply of lethal injection drugs, the state's highest court ruled Friday.
In ordering the documents to be disclosed for public scrutiny, the Nebraska Supreme Court sided with two newspapers and a prisoner advocacy group that had sued the Department of Correctional Services after it refused to release records related to its supply of execution drugs in 2017.
The department previously had regularly disclosed such records without objection to anyone who requested them. Department officials at the time were under increasing pressure to obtain lethal injection drugs as death-penalty critics questioned whether Nebraska would ever carry out another execution.
Media outlets including The Associated Press, The Omaha World-Herald and The Lincoln Journal Star filed formal requests in 2017 for records including purchase orders for the lethal injection drugs that would have identified the supplier. The American Civil Liberties Union of Nebraska filed a similar request. The Omaha World-Herald, the Lincoln Journal Star and the ACLU of Nebraska sued after the request was denied, arguing that the department had violated Nebraska's open-records laws.
Prison officials said the state's supplier should be considered a member of the official “execution team,” whose identities are confidential under Nebraska law.
A district court judge ordered the department to release the records in 2018, and the case has been under appeal ever since. That same year, Nebraska executed its first inmate since 1997, using the drugs prison officials had obtained from the unknown supplier.
|
|
|
|
|
|
|
Lawyer: Security video in Arbery case may show water breaks
Law Firm News |
2020/05/04 12:37
|
A young black man filmed by a security camera walking through a home under construction in December and in February may have stopped at the site for a drink of water, according to an attorney for the homeowner thrust into the investigation of the fatal shooting of Ahmaud Arbery.
Arbery was killed Feb. 23 in a pursuit by a white father and son who armed themselves after the 25-year-old black man ran past their yard just outside the port city of Brunswick. Right before the chase, Arbery was recorded inside an open-framed home being built on the same street.
Gregory McMichael, 64, and Travis McMichael, 34, have been jailed on murder charges since May 7. The elder McMichael told police he suspected Arbery was responsible for recent break-ins in the neighborhood. He also said Arbery attacked his son before he was shot.
Arbery’s mother has said she believes her son was merely out jogging.
On Friday, an attorney for the owner of the house under construction released three security camera videos taken Dec. 17, more than two months before the shooting. They show a black man in a T-shirt and shorts at the site. In the final clip, he walks a few steps toward the road, then starts running at a jogger's pace.
“It now appears that this young man may have been coming onto the property for water,” J. Elizabeth Graddy, the attorney for homeowner Larry English, said in a statement. “There is a water source at the dock behind the house as well as a source near the front of the structure. Although these water sources do not appear within any of the cameras’ frames, the young man moves to and from their locations.” |
|
|
|
|
|
|
Wisconsin court sets argument date for stay-at-home lawsuit
Headline Legal News |
2020/05/03 14:31
|
The Wisconsin Supreme Court announced Friday that it will hear oral arguments early next week in a lawsuit seeking to block Democratic Gov. Tony Evers’ stay-at-home order.
The justices ruled 6-1 to accept the case and scheduled oral arguments for Tuesday morning via video conference. The arguments are expected to last at least 90 minutes.
The ruling said the court will consider whether the order was really an administrative rule and whether Palm was within her rights to issue it unilaterally. Even if the order doesn’t qualify as a rule, the court said it will still weigh whether Palm exceeded her authority by “closing all ‘nonessential’ businesses, ordering all Wisconsin persons to stay home, and forbidding all “nonessential’ travel.’”
Conservatives hold a 5-2 majority on the court. Liberal Justice Rebecca Dallet cast the lone dissenting vote. The ruling didn’t include any explanation from her.
Evers initially issued the stay-at-home order in March. It was supposed to expire on April 24 but state Department of Health Services Secretary Andrea Palm extended it until May 26 at Evers’ direction.
The order closed schools, shuttered nonessential businesses, limited the size of social gatherings and prohibits nonessential travel. The governor has said the order is designed to slow the virus’ spread, but Republicans have grown impatient with the prohibitions, saying they’re crushing the economy. |
|
|
|
|
|
Legal News RSS Feed
