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Reid praises Sotomayor as 'the whole package'
Breaking Legal News | 2009/06/02 09:50
The Senate's top Democrat praised federal judge Sonia Sotomayor Tuesday as an extraordinarily well-qualified Supreme Court nominee whose background as an "underdog" appeals to Americans.


"We have the whole package here," said Sen. Harry Reid, seated beside Sotomayor before the two met in his Capitol office. He called her life story "compelling."

"America identifies with the underdog, and you've been an underdog many times in your life, but always the top dog," Reid, D-Nev., said of Sotomayor, the New York-born daughter of Puerto Rican parents who would be the first Hispanic and the third woman on the high court.

Citing her Princeton and Yale education and long experience as a lawyer and judge, Reid said: "We could not have anyone better qualified."

The visit was the start of a daylong schedule of meet-and-greets with Republicans and Democrats designed to let senators get to know President Barack Obama's nominee before they debate confirming her.

Sotomayor was also meeting with the top Republican, Sen. Mitch McConnell of Kentucky, and leaders of the Judiciary Committee, Chairman Patrick J. Leahy, D-Vt., and senior GOP Sen. Jeff Sessions of Alabama.

Republican senators have already begun to question remarks Sotomayor has made in the past about how her life experiences influence her judicial decisions. In turn, Democrats have defended her as a fair and unbiased judge, and all sides say they are eager to talk to her privately and question her in public hearings to come.



Gay marriage debate complicates SF mayor's future
Breaking Legal News | 2009/06/01 08:08
San Francisco Mayor Gavin Newsom has been linked to gay marriage ever since he directed city clerks to issue marriage licenses to same-sex couples in 2004. Now he's running for governor and trying to broaden his appeal, but fate appears to be working against him.


The state Supreme Court's decision to uphold California's constitutional ban on gay marriage — and the prospect that an impassioned initiative to overturn it could share the ballot with next year's governor's race — holds consequences for candidates from both parties, but especially for the one most deeply associated with the issue.

The intensity of a statewide vote on same-sex marriage could make it difficult for Newsom to connect with centrist voters, millions of whom voted no on the issue last year.

"It certainly underlines Gavin Newsom's previous advocacy for same-sex marriage. I think that might be a two-edged sword for him," said Mark DiCamillo, director of the San Francisco-based Field Poll.

Other possible Democratic contenders including Attorney General Jerry Brown, Los Angeles Mayor Antonio Villaraigosa and Lt. Gov. John Garamendi also support same-sex marriage. So does one of the three leading Republican hopefuls, former U.S. Rep. Tom Campbell, but former eBay chief executive Meg Whitman and state Insurance Commissioner Steve Poizner oppose it.



US Supreme Court Rules For CSX In Worker Injury Case
Breaking Legal News | 2009/06/01 03:08
The U.S. Supreme Court on Monday threw out a $5 million jury verdict awarded to a former CSX Transportation Inc. (CSX) railroad worker who alleged that he had been negligently exposed to toxic chemicals and asbestos on the job, which caused him to develop brain injuries and asbestosis, a lung disease.


Among other things, Tennessee railroad worker Thurston Hensley sought monetary damages for a fear of developing cancer in the future.

CSX argued that the instructions given to the jury were too friendly to Thurston. The company wanted jurors to be instructed that Thurston needed to demonstrate that his fear of cancer was genuine and serious.

The Supreme Court, in an unsigned opinion, said it was a "clear error" for the trial judge not to give the jury instructions CSX requested.

The high court sent the case back for new court proceedings.

 


Nevada lawmakers reject veto of partnership bill
Breaking Legal News | 2009/06/01 03:08
Nevada's Assembly voted Sunday to override Gov. Jim Gibbons' veto and to change state law so that domestic partners, whether gay or straight, have many of the rights and benefits that Nevada offers to married couples.


The Assembly's 28-14 vote — the bare two-thirds majority needed — followed the state Senate's vote a day earlier to enact the measure into state lawbooks over the conservative Republican governor's objections.

The bill provides that domestic partners have the same rights as married couples in matters such as community property and responsibility for debts. It also prohibits discrimination against domestic partners.

Critics contended that domestic partners can sign private contracts to accomplish many of the goals of the bill, and that it conflicted with the intent of Nevadans who voted in 2002 for a constitutional amendment supporting marriage between a man and a woman.

The measure states, among other things, that no "solemnization ceremony" is required and it's "left to the dictates and conscience of partners entering into a domestic partnership" whether to have such a ceremony.



Delaware Supreme Court gives OK to sports betting
Breaking Legal News | 2009/05/29 08:43
The Delaware Supreme Court says a proposed sports betting lottery does not conflict with the state constitution.


The opinion was requested by Gov. Jack Markell, who has signed a bill that would make Delaware the only state east of the Rocky Mountains to offer sports wagering.

In a 22-page ruling dated Wednesday, the court says the state constitution permits lotteries that have an element of skill, as long as chance is the predominant factor in winning or losing.

The justices also say the proposed sports lottery satisfies the constitutional requirement that lotteries be under state control.

The NFL opposes the lottery and has said it may challenge the bill in court.



Mass. judge: Man can be called 2 names at trial
Breaking Legal News | 2009/05/26 05:34
A judge has ruled that the man who calls himself Clark Rockefeller can use that name in his kidnapping trial, but prosecutors can call him by his real name.


Christian Karl Gerhartsreiter (GAYR'-hahrtz-ry-tur) is accused of kidnapping his 7-year-old daughter during a supervised visit in Boston last July. He and the girl were found six days later in Baltimore.

Gerhartsreiter also is charged with providing a false name to police. His lawyers had argued it would be unfair for jurors to hear him called Gerhartsreiter, because he has not been convicted of providing the false name.

Superior Court Judge Frank Gaziano said Tuesday he would call him Gerhartsreiter to introduce the case, then refer to him as "the defendant" during the trial.

Jury selection is to begin Tuesday.



Court: Phone drug buys shouldn't bring extra time
Breaking Legal News | 2009/05/26 04:35
The Supreme Court says that people who buy drugs over the telephone shouldn't get more prison time than people who buy face-to-face from dealers.


The court Tuesday unanimously overturned a decision by the 4th U.S. Circuit Court of Appeals in Richmond, Va.

The law makes it a felony to use a communication device in "committing or in causing or in facilitating" a drug purchase.

Prosecutors say that Salman Khade Abuelhawa's use of a cell phone for a misdemeanor purchase of around $120 of cocaine fell under the statute. The 4th U.S. Circuit Court of Appeals upheld the conviction.

But the high court said Congress did not intend for phone buyers to get more jail time than people who walk up to dealers and buy drugs.



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