Court blocks Alabama city from approving processing plant

A judge has blocked the city of Gadsden from approving the construction of a plant where scores of truckloads of dead chickens would be delivered daily for a processing operation that opponents say would be a smelly, dangerous nuisance. Etowah County Circuit Judge George Day sided with critics of the plant on Monday and issued an injunction to stop the development project by Colorado-based Pilgrim’s Pride Corp. near the city airport, The Gadsden Times reported. A trial scheduled for July would decide whether the ban remains in place or work can move ahead on the rendering plant, which has been the subject of vocal community opposition since the plans became public last year. Located near homes, schools and at least one church, the plant would receive 120 truckloads of dead chickens and chicken parts around the clock each day for processing into animal feed, the judge wrote. Aside from traffic and the potential foul smell, the operation could pose a hazard to airport operations, critics contend. Day wrote that he was aware of the need to bring new jobs into the northeast Alabama community following the shutdown of a Goodyear tire plant, but the economic interest has to be balanced against the rights of people in the area.

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Appellate court arguments set for Charleston church shooter

Attorneys for the man sentenced to federal death row for the racist slayings of nine members of a Black South Carolina congregation are set to formally argue that his conviction and death sentence should be overturned. Oral arguments have been set for May 25 before the 4th U.S. Circuit Court of Appeals in the case of Dylann Roof, according to federal court records. In 2017, Roof became the first person in the U.S. sentenced to death for a federal hate crime. Authorities have said Roof opened fire during the closing prayer of a 2015 Bible study session at Mother Emanuel AME Church in Charleston, raining down dozens of bullets on those assembled. Serving as his own attorney in the sentencing phase of his trial, the self-avowed white supremacist neither fought for his life nor explained his actions, remorse, saying only that “anyone who hates anything in their mind has a good reason for it.” Roof’s 2017 appeal to the 4th Circuit came as no surprise, as transcripts of hearings to determine his trial competency revealed that Roof told his lawyers he’d seek appeals to drag his case out as long as he could. With the passage of time, Roof explained, he expected white supremacists to take over the U.S., pardon him for the killings and make him governor of South Carolina. Following his federal death penalty trial, Roof was given nine consecutive life sentences after he pleaded guilty in 2017 to state murder charges, leaving him to await execution in a federal prison and sparing his victims and their families the burden of a second trial. After that sentencing, Solicitor Scarlett Wilson ? who had also been pursuing the death penalty ? called the deal “an insurance policy for the federal conviction,” ensuring that Roof would spend the rest of his life in prison, should the federal sentence not stand. Wilson also said that she felt more confident a federal death sentence would be carried out under the newly minted Trump administration that it would have been under a Democratic one. At the time, there was anticipation that then-President Donald Trump might swiftly resume federal executions, following cessation of the practice under several several previous administrations. Trump’s decision to reinstate federal executions didn’t come until 2020, however, when his Justice Department ended a 17-year hiatus, going on to oversee a total of 13 federal executions. Due to his remaining appeals, Roof’s case was not eligible for execution at that time.

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High court opening tops Pennsylvania’s 2021 judicial races

Statewide judicial races will be among Pennsylvania’s most closely watched election contests in the coming year, with lawyers and judges around the state already lining up supporters and trying to figure out if they can raise enough money to win. The marquee race will be for Supreme Court, where the Democrats’ 5-2 majority has flexed its muscle with a series of rulings this year about mail-in balloting and coronavirus restrictions. Chief Justice Thomas Saylor, a Republican, will reach the mandatory retirement age of 75 in 2021, and keeping his seat in GOP hands is critical to his party’s hopes to eventually reclaim a majority on the high court. While a lot can change, for now at least three Superior Court judges are running — Democrats Maria McLaughlin and Carolyn Nichols, and Republican Vic Stabile. Commonwealth Court Judge Kevin Brobson, a Republican, is also considering it. Pay for appeals court judges starts at $202,000. The two state party organizations will decide in the coming months whether to endorse a candidate in the May primary and if so, who that will be. Endorsements would likely narrow the field. They come with financial and logistical backing that are particularly important for judicial candidates, who are generally not career politicians and face special restrictions on their role in fundraising. Stabile contacted members of the Republican State Committee last week to say he wants the endorsement. “I would run, of course, if I got the endorsement,” Stabile said. And if not? “In all likelihood, I would respect that, wish the other person good luck and step aside.” Nichols plans a formal announcement next month. “I am in it to run,” she said Monday. “I’m certainly out there attending virtual meetings and putting myself out there. I’m in an early stage.” On Superior Court, an intermediate appeals court that handles most criminal and civil appeals from county courthouses, two judges are seeking retention in unopposed, up-or-down contests. Superior Court terms are 10 years, but if Republican Judge John T. Bender’s retention campaign is successful he will serve briefly before reaching age 75. Party and court sources said Judge Mary Jane Bowes, a Republican, will also stand for retention. Nearly every statewide justice or judge who has ever run for retention has won. The lone Superior Court vacancy is now held by Republican Judge Susan P. Gantman, who is retiring after 17 years. Gantman said her plans include writing children’s books on the topic of civics.

Wisconsin Supreme Court tosses Trump election lawsuit

The Wisconsin Supreme Court on Monday rejected President Donald Trump’s lawsuit attempting to overturn his loss to Democrat Joe Biden in the battleground state, ending Trump's legal challenges in state court about an hour before the Electoral College was to meet to cast the state's 10 votes for Biden. The ruling came after the court held arguments Saturday, the same day a federal judge dismissed another Trump lawsuit seeking to overturn his loss in the state. Trump appealed that ruling. Trump sought to have more than 221,000 ballots disqualified in Dane and Milwaukee counties, the state's two most heavily Democratic counties. He wanted to disqualify absentee ballots cast early and in-person, saying there wasn’t a proper written request made for the ballots; absentee ballots cast by people who claimed “indefinitely confined” status; absentee ballots collected by poll workers at Madison parks; and absentee ballots where clerks filled in missing information on ballot envelopes. Liberal Justice Jill Karofsky blasted Trumps' case during Saturday's hearing, saying it “smacks of racism” and was “un-American.” Conservative justices voiced some concerns about how certain ballots were cast, while also questioning whether they could or should disqualify votes only in two counties. Biden won Wisconsin by about 20,600 votes, a margin of 0.6% that withstood a Trump-requested recount in Milwaukee and Dane counties, the two with the most Democratic votes. Trump did not challenge any ballots cast in the counties he won. Trump and his allies have suffered dozens of defeats in Wisconsin and across the country in lawsuits that rely on unsubstantiated claims of widespread fraud and election abuse. On Friday, the U.S. Supreme Court rejected a Texas lawsuit that sought to invalidate Biden’s win by throwing out millions of votes in four battleground states, including Wisconsin.

Heated congressional, court races on Arkansas midterm ballot

A push by Democrats to flip a Republican-held congressional seat that represents the Little Rock area and a state Supreme Court race that has drawn heavy spending by a conservative interest group have drawn the most attention in Arkansas' midterm election. The campaigns for the 2nd Congressional District and state Supreme Court seats became increasingly bitter and expensive in the run-up to Tuesday's election, especially from outside groups that have been airing attack ads and sending mailers. The races have overshadowed an election in which Democrats face long odds of making gains in the solidly Republican state. The secretary of state's office hasn't predicted how many of Arkansas' nearly 1.8 million registered voters will cast ballots in the election, but more than 350,000 had voted early through Friday. Republicans have a solid hold on Arkansas' four U.S. House seats and President Donald Trump easily won the state two years ago, but Democrats believe they have a chance to flip a Little Rock-area district by focusing on the incumbent's vote to repeal the federal health care law. Democrat Clarke Tucker is trying to unseat two-term Republican Rep. French Hill in the 2nd Congressional District, which represents Little Rock and seven surrounding counties. Tucker is a state legislator who regularly talks about his battle with bladder cancer and his support for the Affordable Care Act, especially its protections for those with pre-existing conditions