The Supreme Court is weighing whether candidates for elected judgeships have a constitutional right to make personal appeals for campaign cash.
The justices are hearing an appeal from Lanell Williams-Yulee of Tampa, Florida, who received a public reprimand for violating a Florida Bar rule that bans candidates for elected judgeships from personally soliciting donations.
The bar and many good government groups say the ban that is in place in Florida and 29 other states is important to preserve public confidence in an impartial judiciary.
A ruling for Williams-Yulee could free judicial candidates in those states to ask personally for campaign contributions.
In all, voters in 39 states elect local and state judges. In the federal judicial system, including the Supreme Court, judges are appointed to life terms and must be confirmed by the Senate.
The arguments are taking place five years after the Supreme Court freed corporations and labor unions to spend freely in federal elections. The court has generally been skeptical of limits on political campaigns, though slightly less so when it comes to those involving judges.
In 2002, the court struck down rules that were aimed at fostering impartiality among judges and barred candidates for elected judgeships from speaking out on controversial issues. But in 2009, the court held in a case from West Virginia that elected judges could be forced to step aside from ruling on cases when large campaign contributions from interested parties create the appearance of bias.
Wednesday, January 21, 2015
Thursday, January 15, 2015
High court won't hear challenge to Vermont campaign law
The Supreme Court won't hear a challenge to part of Vermont's campaign finance laws that impose contribution limits on political action committees.
The justices on Monday declined to hear an appeal from the Vermont Right to Life Committee, an anti-abortion group. The group argued that Vermont's campaign finance registration, reporting and disclosure requirements for PACs were too broad and unconstitutional.
The group argued that a subcommittee it created should not be subject to Vermont's $2,000 limit on contributions to PACs because the subcommittee does not give money directly to candidates and makes only independent expenditures.
But a federal judge rejected those arguments, finding that there was no clear accounting between the two committees. A federal appeals court agreed.
The justices on Monday declined to hear an appeal from the Vermont Right to Life Committee, an anti-abortion group. The group argued that Vermont's campaign finance registration, reporting and disclosure requirements for PACs were too broad and unconstitutional.
The group argued that a subcommittee it created should not be subject to Vermont's $2,000 limit on contributions to PACs because the subcommittee does not give money directly to candidates and makes only independent expenditures.
But a federal judge rejected those arguments, finding that there was no clear accounting between the two committees. A federal appeals court agreed.
Court won't hear free speech challenge to metals dealers law
The Supreme Court won't consider the constitutionality of an Ohio law
that bars precious metals dealers from advertising without a license.
The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.
Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.
A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year.
The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.
Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.
A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year.
Tuesday, January 6, 2015
Danish court hits hash haven dealers with prison terms
A Danish court has sentenced seven men to prison for dealing hashish at Copenhagen's famed hippie enclave of Christiania, where the drug is openly smoked.
The Copenhagen City Court ruled the men, aged 37-50, were guilty of organizing, providing and stockpiling 1.7 tons of hashish, in the first ruling of several cases following numerous drugs busts by police. The sentences ranged from 2½ to seven years.
Tuesday's ruling followed the arrest of 85 people in March, including several Hells Angels members, when police also seized hundreds of kilograms of hashish, several million kroner (dollars) in cash and weapons.
The action was one of the biggest against illegal hashish sales in Christiania, created in 1971 when hippies squatted at a former navy barracks.
The Copenhagen City Court ruled the men, aged 37-50, were guilty of organizing, providing and stockpiling 1.7 tons of hashish, in the first ruling of several cases following numerous drugs busts by police. The sentences ranged from 2½ to seven years.
Tuesday's ruling followed the arrest of 85 people in March, including several Hells Angels members, when police also seized hundreds of kilograms of hashish, several million kroner (dollars) in cash and weapons.
The action was one of the biggest against illegal hashish sales in Christiania, created in 1971 when hippies squatted at a former navy barracks.
Suspect in trooper shooting case heads to court
A man who eluded police for 48 days after allegedly shooting to death a state trooper and wounding another is due in court for a preliminary hearing which could decide whether his case goes to county court for trial.
A Pennsylvania district judge must decide Monday whether there are sufficient grounds to send the case against Eric Frein, 31, to county court.
Frein has been charged with shooting Cpl. Bryon Dickson and Trooper Alex Douglass Sept. 12 outside their state police station in northeastern Pennsylvania. He was captured Oct. 30 at an abandoned airplane hangar in the Pocono Mountains.
Authorities say Frein confessed to what he described as an assassination designed to "wake people up" and result in a change in government. Dickson was killed and Douglass was wounded.
Prosecutors are seeking the death penalty. Frein was identified as a suspect shortly after the shootings when a passer-by found his vehicle partially submerged in a small pond near the state police station.
The manhunt, with drew a large police force to the rural area, frightened residents as there were numerous reported sightings of Frein, an expert marksman. A team of federal marshals performing a systematic search stumbled across him about 30 miles from the scene of the shooting and were able to arrest him.
A Pennsylvania district judge must decide Monday whether there are sufficient grounds to send the case against Eric Frein, 31, to county court.
Frein has been charged with shooting Cpl. Bryon Dickson and Trooper Alex Douglass Sept. 12 outside their state police station in northeastern Pennsylvania. He was captured Oct. 30 at an abandoned airplane hangar in the Pocono Mountains.
Authorities say Frein confessed to what he described as an assassination designed to "wake people up" and result in a change in government. Dickson was killed and Douglass was wounded.
Prosecutors are seeking the death penalty. Frein was identified as a suspect shortly after the shootings when a passer-by found his vehicle partially submerged in a small pond near the state police station.
The manhunt, with drew a large police force to the rural area, frightened residents as there were numerous reported sightings of Frein, an expert marksman. A team of federal marshals performing a systematic search stumbled across him about 30 miles from the scene of the shooting and were able to arrest him.
Wednesday, December 24, 2014
Former Utah TV pitchman ordered back to court
A judge is summoning back to court a former Utah TV pitchman accused of kicking an owl in flight while riding his motorized paraglider.
Authorities say in court documents filed Tuesday that 45-year-old Dell "Super Dell" Schanze hasn't shown that he has no guns, a condition of his release.
Federal Judge Brooke Wells ordered Schanze to court Dec. 30.
Defense attorney Kent Hart says Schanze has been unable to schedule a time for officials to inspect his house.
Schanze was handcuffed this month for interrupting a court hearing in a separate case and saying it was unconstitutional to bar the defendant from having guns.
Schanze later agreed to give up weapons in his own case.
He pleaded not guilty to charges involving harassing wildlife and pursuing a migratory bird.
Authorities say in court documents filed Tuesday that 45-year-old Dell "Super Dell" Schanze hasn't shown that he has no guns, a condition of his release.
Federal Judge Brooke Wells ordered Schanze to court Dec. 30.
Defense attorney Kent Hart says Schanze has been unable to schedule a time for officials to inspect his house.
Schanze was handcuffed this month for interrupting a court hearing in a separate case and saying it was unconstitutional to bar the defendant from having guns.
Schanze later agreed to give up weapons in his own case.
He pleaded not guilty to charges involving harassing wildlife and pursuing a migratory bird.
Supreme Court won't stop gay marriages in Florida
The U.S. Supreme Court on Friday refused to block gay marriages in Florida, the latest of about three dozen states allowing same-sex weddings.
In a one-paragraph order, the court decided not to step into the Florida case. A federal judge previously declared Florida's ban on gay marriage unconstitutional and said same-sex marriage licenses could start being issued in the state after Jan. 5 unless the Supreme Court intervened.
"This is a thrilling day for all Florida families," Daniel Tilley, an attorney for the American Civil Liberties of Florida, said in a statement. "As we explained to the court, every day that the ban remains in place, couples are suffering real harms. We are grateful that the court recognized that, and that as a result, those days are finally coming to an end."
Florida Attorney General Pam Bondi, who has fought to uphold the state's ban, said in a statement that her goal was "to have uniformity" throughout the state while various legal challenges were pursued in both state and federal courts.
"Nonetheless, the Supreme Court has now spoken, and the stay will end on Jan. 5," Bondi said.
In August, U.S. District Judge Robert Hinkle declared the state's ban unconstitutional, but he put his ruling on hold until after Jan. 5 pending appeals.
Like many other judges and appellate courts, Hinkle ruled the ban approved by voters in 2008 violates the U.S. Constitution's guarantee of equal protection.
In a one-paragraph order, the court decided not to step into the Florida case. A federal judge previously declared Florida's ban on gay marriage unconstitutional and said same-sex marriage licenses could start being issued in the state after Jan. 5 unless the Supreme Court intervened.
"This is a thrilling day for all Florida families," Daniel Tilley, an attorney for the American Civil Liberties of Florida, said in a statement. "As we explained to the court, every day that the ban remains in place, couples are suffering real harms. We are grateful that the court recognized that, and that as a result, those days are finally coming to an end."
Florida Attorney General Pam Bondi, who has fought to uphold the state's ban, said in a statement that her goal was "to have uniformity" throughout the state while various legal challenges were pursued in both state and federal courts.
"Nonetheless, the Supreme Court has now spoken, and the stay will end on Jan. 5," Bondi said.
In August, U.S. District Judge Robert Hinkle declared the state's ban unconstitutional, but he put his ruling on hold until after Jan. 5 pending appeals.
Like many other judges and appellate courts, Hinkle ruled the ban approved by voters in 2008 violates the U.S. Constitution's guarantee of equal protection.
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