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10 Jul, 2015

American Samoans question gay marriage validity

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Same-sex couples are not yet allowed to marry in American Samoa. Legal observers and gay rights advocates says the Supreme Court decision should go into effect immediately. On the other hand, social conservative Christians dominate in American Samoa, and the government’s motto is “Samoa, Let God Be First.” Even though Samoans have a tradition of embracing faafafine — males who are raised as females and take on feminine traits, many faafafine do not support gay marriage out of respect for their culture and beliefs. So far no one has applied for a same-sex marriage license. The territory’s Attorney General:

We’re still reviewing the decision to determine its applicability to American Samoa, and I have no specific comments at this time.

3 Jul, 2015

Denied French asylum

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Just days after Wikileaks makes documents public showing that the United States had spied on past French leaders, and President Hollande, Le Monde publishes an open letter from Assange, requesting the President grant him French asylum:

My life is in danger, France is the only country that can offer me the necessary protection against … the political persecutions I face.

Less than an hour after the letter is published, Hollande’s office issues an official statement saying that Assange’s asylum request has been denied, because Assange’s predicament “presents no immediate danger.” Assange remains in Ecuador’s London embassy.

29 Jun, 2015

Google appeal on Oracle suit denied

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The Court denies a Google appeal that sought to stop a billion-dollar Oracle lawsuit by seeking limits on software copyright protections. The justices decline to disturb an appeals court ruling in Oracle’s favor that reinvigorated the company’s case against Google. 37 packages of prewritten Java programs, known as application programming interfaces, are entitled to copyright protection. Google:

We will continue to defend the interoperability that has fostered innovation and competition in the software industry.

Oracle:

[The result] is a win for innovation and for the technology industry that relies on copyright protection to fuel innovation.

26 Jun, 2015

Guarantees right to same-sex marriage

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The Court rules in a 5-4 decision that the Constitution guarantees a right to same-sex marriage. The plaintiffs, gay and lesbian couples from four states, said they had a fundamental right to marry and to equal protection, adding that the bans they challenged demeaned their dignity, imposed countless practical difficulties and inflicted particular harm on their children, while Lawyers for the four states said their bans were justified by tradition and the distinctive characteristics of opposite-sex unions. They said the question should be resolved democratically, at the polls and in state legislatures, rather than by judges. Justice Kennedy writes for the majority, which includes Sotomayer, Ginsburg, Breyer and Kagan:

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. It would misunderstand these men and women to say they disrespect the idea of marriage…Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.

In the dissent, Roberts, joined by Scalia and Thomas, says the Constitution has nothing to say on the subject:

If you are among the many Americans — of whatever sexual orientation — who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it.

Scalia also added:

The opinion is couched in a style that is as pretentious as its content is egotistic. Of course the opinion’s showy profundities are often profoundly incoherent.

Jun 2015

Reacts to ‘Obamacare’ decision

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Pres. Obama reacts to the Supreme Court decision on Affordable Care Act subsidies:

After multiple challenges to this law before the Supreme Court, the Affordable Care Act is here to stay.

He adds that, had the decision gone otherwise:

America would have gone backwards. That’s not what we do.

Upholds Fair Housing Act

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In a 5-4 decision, justices re-affirm a 47-year-old federal law that cracks down on housing discrimination. They hold that the law allows for both claims for intentional discrimination, and claims on practices that are not intended to discriminate, but have a discriminatory effect. According to Justice Kennedy, writing on behalf of the majority, which includes Justices Ginsburg,  Kagan, Sotomayor and Breyer.

Much progress remains to be made in our nation’s continuing struggle against racial isolation. The Court acknowledges the Fair Housing Act’s continuing role in moving the nation toward a more integrated society.

In dissent Justice Thomas said the court was in danger of constructing “a scheme that parcels out legal privileges to individuals on the basis of skin color.”

Upholds health care subsidies

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In a 6-3 ruling, justices uphold health care subsidies, based on their finding that critics’ reading of Obamacare might make sense in isolation, but not when viewed in a larger context and in light of the intention of the law. Americans who currently receive subsidies under the Affordable Care Act will continue to do so.  Chief Justice Roberts writes for the majority:

Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them. If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter.

He is joined by Justices Breyer, Ginsburg, Kagan, Kennedy and Sotomayor. Justice Scalia presents the dissent, and is joined by Justices Alito and Thomas. Scalia calls the decision “wonderfully convenient,” complains about “interpretative jiggery-pokery” and argues it was not the Court’s job to make up for the sloppy drafting of the law by Congress, branding the law as “SCOTUScare”.

22 Jun, 2015

Favors inmate on excessive force claim

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In Kingsley v. Hendrickson, a 6-3 ruling makes it easier for pre-trial inmates to bring claims against jail officials for using excessive force, and rules that officers and juries will be held to an objective standard about whether the use of force is reasonable. At issue is the question of whether police officers are permitted to use subjective standards in their use of force force, and whether juries can also be instructed to use subjective standards when determining whether or not excessive force was used in a given case. The ruling makes it clear that objective standards are to be developed and used.

Denies police access to LA hotel registries

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In a 5-4 decision, justices strike down a Los Angeles ordinance that requires hotel owners to give the police access to hotel registries without a warrant. The case highlights a reoccurring tension between the need to protect people’s right to privacy while also giving law enforcement the tools it needs to pursue public safety.

Jun 2015

Spider-Man Toy precedent upheld

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In a 6-3 decision, justices decline to overrule a 50-year-old decision on patent royalties. Stephen Kimble invented a web-shooting toy and obtained a patent on the device in 1991.  He sued Marvel Enterprises in 1997, alleging the company used his ideas to create a toy named the Web Blaster without paying him. The two sides settled in 2001, agreeing on terms that included Marvel paying a running 3% royalty rate on sales of the toy.  When the patent expired, Marvel asserted that its obligations to pay would end. Lower courts agreed, as did the Supreme Court, saying  in a 6-3 decision that Kimble hadn’t presented the court with a compelling “special justification” for abandoning the principle of stare decisis, or sticking with past precedent. Kagan:

What we can decide, we can undecide. But stare decisis teaches that we should exercise that authority sparingly.

Sides with raisin farmers

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In an 8-1 decision, the justices rule that a government program meant to increase raisin prices by keeping some of them off the market amounts to an unconstitutional taking of private property by the government. Chief Justice Roberts writes for the majority:

The fact that the growers retain a contingent interest of indeterminate value does not mean there has been no physical taking, particularly since the value of the interest depends on the discretion of the taker, and may be worthless, as it was for one of the two years at issue here.

Justice Sotomayor is the sole dissenting voter. She states that the majority had damaged settled legal principles…

… in a manner that is as unwarranted as it is vague. What makes the court’s twisting of the doctrine even more baffling is that it ultimately instructs the government that it can permissibly achieve its market control goals by imposing a quota without offering raisin producers a way of reaping any return whatsoever on the raisins they cannot sell. I have trouble understanding why anyone would prefer that.

The justices are, however, divided 5-4 on the issue of compensation for the plaintiffs, with Justices Breyer, Kagan and Ginsburg joining in the dissent.

18 Jun, 2015

Confirms Texas’ Confederate plates rejection

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In a 5-4 decision, the justices rule that Texas did not violate the First Amendment when it refused to allow specialty license plates bearing the Confederate battle flag. Justice Breyer writes for the majority that such plates are the government’s speech and are thus immune from First Amendment attacks.

Children’s abuse statements can be evidence

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Justices unanimously rule that statements made by children to teachers about possible abuse can be used as evidence, even if the child does not testify in court. The ruling is expected to make it easier for prosecutors to convict people accused of domestic violence. The justices state that defendants don’t have a constitutional right to cross-examine child accusers unless their statements to school officials were made for the primary purpose of creating evidence for prosecution.

17 Jun, 2015

Pao must pay $275,966 in costs

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Judge Kahn rules Pao will have to pay $275,966 of $972,814 of Kleiner’s costs for expert fees, depositions, transcription and travel for expert witnesses it had incurred during the trial. Kahn allows most of Kleiner ‘s costs for jury food ($177.56), filing and motion fees ($240) and technology equipment rental ($7,196.). However, he notes that under the Fair Employment and Housing Act, the scale of each parties’ economic resources should be considered, and as Kleiner has greater economic resources than Pao, he scales back its cost of expert witnesses. Kleiner says it is pleased with the result:

This tentative ruling recognizes that our settlement offer was reasonable and made in good faith. It also recognizes the cost rules still apply when a plaintiff refuses a reasonable settlement offer and forces the parties to go through an expensive trial.

24 Apr, 2015

Fined $135,000

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Oregon Bureau of Labor and Industries (BOLI) orders the bakery to pay $135,000 in damage to the lesbian couple for refusing to make them a wedding cake. BOLI statement:

The facts of this case clearly demonstrate that the Kleins unlawfully discriminated against the Complainants…Under Oregon law, businesses cannot discriminate or refuse service based on sexual orientation, just as they cannot turn customers away because of race, sex, disability, age or religion. Our agency is committed to fair and thorough enforcement of Oregon civil rights laws, including the Equality Act of 2007.

22 Apr, 2015

Court reverses obstruction conviction

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Barry Bonds clearedCourt throws out  obstruction of justice conviction., saying a meandering answer to a question about steroid use has nothing to do with the case and cannot be used to convict him. Lawyer:

The real significance is the damage that it undid. It’s no longer a federal crime if you manage to falter or stumble or get off track while testifying before a grand jury.

15 Apr, 2015

Guilty of first-degree murder

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A Massachusetts Grand Jury convicts Hernandez, with first degree murder in the killing of Lloyd in June 2013. Hernandez’s lawyer acknowledged during closing arguments that he was there when Lloyd was killed. But he pinned the shooting on Hernandez’s two friends, saying his client was a 23-year-old kid who didn’t know what to do. He is also found guilty on firearm and ammunition charges. The conviction carries a sentence of life in prison without the possibility of parole.

Raw: Aaron Hernandez Found Guilty of Murder

10 Apr, 2015

Will not be charged

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After a two-week probe, the Manhattan District Attorney’s office will not prosecute Weinstein in the alleged “casting couch” groping of Battilana in his Tribeca office. DA spokesperson:.

This case was taken seriously from the outset, with a thorough investigation conducted by our Sex Crimes Unit. After analyzing the available evidence, including multiple interviews with both parties, a criminal charge is not supported.

Weinstein spokesperson:

We are pleased this episode is behind us.

8 Apr, 2015

Guilty on all 17 death penalty counts

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The seven woman, five man Federal jury finds Tsarnaev guilty of all 17 counts that carry the death penalty. There are 30 counts in all: Twelve relate to the two pressure-cooker bombs used at the marathon. Three other charges dealt with conspiracy; another three covered the fatal shooting of Sean Collier. The final 12 apply to the time after Collier’s murder, including a carjacking, robbery and use of improvised explosives. The defense had argued that while Dzohkhar was involved, he was manipulated by his older brother, Tamerlan.

As Federal Judge O’Toole reads the verdict Tsarnaev stands emotionless with his hands folded, looking down at the defense table. The jury will now decide whether Tsarnaev receives a life sentence or the death penalty.

2 Apr, 2015

Plea deal

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Van Winkle agrees to a plea deal over grand theft charges. In pre-trial intervention deal, the rapper agrees to pay $1,333 in restitution to Lantana neighbor and perform 100 hours of community service with Habitat for Humanity. Defense lawyer Bradford Cohen says Van Winkle must acknowledge he is guilty of the crime, but will have no criminal record upon completing the terms of the agreement.

I’m glad to have this behind me and move forward to do positive things.