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Will California gay-marriage trial go to Supreme Court?
Law Center | 2010/01/27 06:05

On the 17th floor of the Phillip Burton Federal Building in a city known for being at the edge of social change, a federal trial is under way that could lead to a landmark ruling on same-sex marriage in America.

Perry v. Schwarzenegger, which began Jan. 11 in the US District Court for Northern California, challenges the constitutionality of California's voter-approved ban on gay marriage. Over the past 10 days, lawyers have made a broad-based case against Proposition 8, ranging from arguments that it reflects prejudice against gays and lesbians to discussions about the nature of modern marriage, and the notion that homosexuality requires special protections like gender and race.

Many gay-marriage advocates say the case is ultimately destined for the US Supreme Court and represents the best path to legalizing same-sex marriage. They hope this lawsuit will be their Loving v. Virginia – the 1967 case that ended race-based restrictions on marriage.

But not all activists are on board. Some worry the stakes are too high: a federal challenge at a time when most states and voters reject gay marriage could be premature. Even if the Supreme Court eventually takes the case – bound to be appealed by the losing side in San Francisco in the Ninth Circuit Court of Appeals and then to the Supreme Court– the court has historically been reluctant to move too far ahead of the people. A defeat in the Supreme Court would deal a huge setback to a movement that has seen significant gains over the past decade.

"The national marriage project was assiduously avoiding a federal court challenge. They were working slowly toward [it]," says Marc Spindelman, a law professor at Ohio State University and an expert on gay and lesbian rights. But, he adds, "if there's a circuit court that's likely to recognize same-sex marriage" it's the Ninth Circuit, under which the district court falls and which is often branded the most liberal.



SEC and Galleon defendants tussle over wiretaps
Securities | 2010/01/26 04:51
The U.S. Securities and Exchange Commission is demanding that Galleon hedge fund founder Raj Rajaratnam and others accused of insider trading hand over recordings of wiretap evidence, but the defendants have refused to give them up.

In a flurry of letters made public on Monday in the high-profile Manhattan federal court case involving employees of some of America's best-known companies, Rajaratnam and his co-accused argue that the recorded conversations belong only in a parallel criminal investigation.

U.S. District Court Judge Jed Rakoff also heard oral arguments on the wiretap issue on Monday, but he reserved publishing any ruling until next week.

Separately, Rakoff ruled from the bench that the SEC may file an amended complaint to add new civil charges against Rajaratnam. The request stemmed from a guilty plea on criminal charges by former McKinsey & Co management consultants director Anil Kumar on January 7 in which he said Rajaratnam paid him $1.75 million (1.08 million pounds) in exchange for tips on McKinsey clients.


Corporations have rights, but what of the unborn?
Corporate Governance | 2010/01/26 04:50
Among the interesting arguments in last week's 5-4 Supreme Court decision granting corporations First Amendment protections when making campaign contributions was the majority's decision to effectively treat corporations as persons.

Liberal Washington Post columnist Ruth Marcus, who disagrees with the ruling, wrote, "... the majority acted as if there could be no constitutional distinction between a corporation and a human being."

The ruling came the week of the annual March for Life, which draws thousands to Washington to mark that same court's 1973 Roe v. Wade ruling. The march has become not so much a protest as an affirmation of the value of all human life.

What makes the ruling and the march ironic is that the 1973 court, in essence, downgraded a human fetus to the level of nonperson, while the modern court has invested "personhood" in corporations. Does anyone else see a contradiction or at least a moral inconsistency in these two rulings?

There is evidence that all the marches and the pro-life pregnancy centers are working. There have been roughly 50 million abortions in the United States since 1973. Opinion polls reveal a public increasingly concerned about the unrestricted disposal of human life and the potential contributions those lives could make to America and to humanity.


Supreme Court rejects appeal from Virginia killer
Court Watch | 2010/01/26 04:50
A new execution date could be set soon for death-row inmate Paul Warner Powell, whose most recent appeal was rejected yesterday by the U.S. Supreme Court.

Powell, 31, twice has been sentenced to death for the Jan. 29, 1999, murder of Stacie Lynn Reed, 16, in her Manassas-area home. After killing Stacie, he raped and cut the throat of her 14-year-old sister, Kristie, who survived.

Last July, a day before he was to die in the electric chair, the justices halted the execution until they decided whether to hear his appeal. His petition was denied yesterday without comment.

"Praise God," the Reeds' mother, Lorraine Reed Whoberry, wrote in an e-mail when she learned of the court's decision.

Whoberry, who lives in Ohio, has said she has forgiven Powell but also believes the sentence should be carried out.

It is not known when a new execution date will be set.


Yale killing suspect plans to plead not guilty
Criminal Law | 2010/01/26 04:49
An animal research technician charged with killing a Yale graduate student is expected to plead not guilty.

Twenty-four-year-old Raymond Clark III is scheduled to appear in New Haven Superior Court on Tuesday.

Joe Lopez, Clark's attorney, said Clark also plans to waive his right to a probable cause hearing at which prosecutors would have to prove they have enough evidence to justify the murder charge.

Clark is charged with killing 24-year-old Annie Le of Placerville, Calif., whose body was found behind a Yale research lab wall in September. An autopsy determined she was strangled.

Le vanished Sept. 8 from the Yale medical school research building where she and Clark worked, and her body was found five days later, on what was to be her wedding day.


Court Stops NYC Suit Vs. Online Cigarette Vendor
Breaking Legal News | 2010/01/26 04:48
The Supreme Court has ruled against New York City in its effort to use federal racketeering law to sue Internet cigarette sellers for lost tax revenue.

By a 5-3 vote Monday, the court ended the city's lawsuit against Hemi Group, a New Mexico-based company that sells cigarettes online.

New York taxes the possession of cigarettes but finds it difficult to collect those taxes from Internet sales. The city says it loses millions of dollars in tax revenues from online sales.

Sellers like Hemi are not required to charge or collect the taxes, but they are supposed to provide information about their customers to states.

New York's lawsuit under the Racketeer Influenced and Corrupt Organizations Act accused Hemi of fraud for failing to provide the customer information.

The court said Monday that the city cannot use the racketeering law to collect tobacco taxes from Hemi.

Chief Justice John Roberts and Justices Samuel Alito, Ruth Bader Ginsburg, Antonin Scalia and Clarence Thomas formed the majority.

Justice Sonia Sotomayor did not take part in the case because it came from the federal appeals court in New York on which she served before her elevation to the high court.


Supreme Court Voids Campaign Spending Curbs
Political and Legal | 2010/01/22 09:09

A divided U.S. Supreme Court struck down decades-old restrictions on corporate campaign spending, reversing two of its precedents and freeing companies to conduct advertising campaigns that explicitly try to sway voters.

The 5-4 majority, invoking the Constitution's free-speech clause, said the government lacks a legitimate basis to restrict independent campaign expenditures by companies. The ruling went well beyond the circumstances in the case before the justices, a dispute over a documentary film attacking then-presidential candidate Hillary Clinton.

"When government seeks to use its full power, including the criminal law, to command where a person may get his or her information or what distrusted source he or she may not hear, it uses censorship to control thought," Justice Anthony Kennedy wrote for the majority. "This is unlawful. The First Amendment confirms the freedom to think for ourselves."

Companies, which had been barred since 1947 from using general-treasury dollars in support of or in opposition to a candidate, now can spend millions of dollars on their own campaign ads, potentially punishing or rewarding lawmakers for their votes on legislation. Labor unions, though they weren't directly at issue in the case, have been subject to the same restrictions and may also now expand their political spending.



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