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Texas Voter ID Law to be Tested in a Federal Court
Legal News Feed | 2012/07/09 15:30
The fate of Texas' controversial new voter ID law - which requires voters to show photo identification at the polls - is set to be decided this week in a federal court in Washington.

The state, which claims the law will prevent voter fraud, is seeking to persuade a three-judge panel to uphold the statute. The Justice Department and a slew of intervening groups say the law disproportionately affects minority voters, violating the federal Voting Rights Act. They want it thrown out.

The case will be a test of the Voting Rights Act, passed in 1965, which was designed to protect minorities' rights to vote.

The Justice Department set up this week's court fight when it blocked implementation of the law in March. Texas quickly filed a lawsuit in federal court, bringing the two sides back to Washington for the second time in months.

The two sides spent two weeks earlier this year arguing in front of a similar three-judge panel about Texas' redrawn congressional maps. As now, the Justice Department claimed Texas was violating the federal Voting Rights Act. No final decision has been made in that case, but a federal court has approved interim maps that have allowed Texas elections to go ahead.


Wis. court won't rehear union case without justice
U.S. Court News | 2012/07/06 15:41
The state Supreme Court won't reconsider a lawsuit challenging Gov. Scott Walker's collective bargaining law without Justice Michael Gableman.

Dane County District Attorney Ismael Ozanne had argued Republicans violated the state's open meetings law during debate on the measure. The Supreme Court ruled in June 2011 the law stands.

Ozanne in December asked the court to reconsider the case. He argued the Michael, Best & Friedrich law firm both defended the law and gave Justice Michael Gableman free legal help in the past, raising questions of impropriety.

The prosecutor demanded Gableman recuse himself from further proceedings. Gableman refused, saying he could be impartial.

The Supreme Court tied 3-3 Friday on Ozanne's request to rehear the case without Gableman. It would have taken four votes to proceed.


Report: Syracuse sex-abuse probe prompt but flawed
U.S. Court News | 2012/07/05 14:59
Syracuse University's prompt response to allegations of sexual abuse against an assistant basketball coach was done in good faith but was flawed because, among other things, there was no direct contact with law enforcement, a special committee of the university's board of trustees said in a report released Thursday.

Although the 52-page document states there was no attempt to "cover up" any conduct, it reiterates a criticism voiced by Onondaga County District Attorney William Fitzpatrick that police and the district attorney should have been notified immediately so they could conduct the investigation with all the experience and tools available to law enforcement.

The committee assessed the university's response to allegations that Bernie Fine had sexually abused former ball boy Bobby Davis. It said Davis' allegations "should have been viewed from the outset as involving serious alleged crimes."

Davis, now 41, claims Fine molested him for years beginning when he was around 12 years old. He took the claims to university officials in September 2005.

Fine, in his 36th year on the basketball staff, was fired in November 2011 after the allegations were made public.



Ohio court to hear appeal of teacher in Bible case
Court News | 2012/07/05 14:58
The Ohio Supreme Court on Thursday agreed to hear the appeal of a fired public school science teacher who kept a Bible on his desk and was accused of preaching religious beliefs in class.

The Mount Vernon School Board dismissed John Freshwater last year after investigators reported that he preached Christian beliefs in class when discussing topics such as evolution and homosexuality, and was insubordinate in failing to remove the Bible from his classroom.

The Supreme Court's 4-3 decision Thursday to hear Freshwater's appeal of his firing sets the stage for written and oral arguments before the court later this year.

The court said Freshwater can argue that it is unconstitutional to fire someone without clear guidance on what teaching materials or methods are acceptable. Freshwater also can argue that it is unconstitutional to fire someone over the mere presence of a religious text like the Bible in the classroom.



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