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florida supreme court tosses petition to block appointments


tallahassee, fla. (ap) — the florida supreme court is tossing out a petition aiming to stop republican gov. rick scott from appointing three state supreme court justices on the day he leaves office.the court announced its decision thursday, saying that it can’t rule on something that hasn’t happened.the florida branch of the league of women voters and the government watchdog group common cause filed a petition with the supreme court in june saying scott’s successor should make the appointments.age limits are forcing three justices to retire on the day scott leaves office in january 2019 because of term limits. scott has said he plans to name their replacements that same morning.most read storiesunlimited digital access. $1 for 4 weeks.scott’s decision could change the balance of the court






supreme court tosses budget standoff back to legislators and governor


heath haussamen / nmpolitics.neta statue outside the roundhouse in santa fe.the n.m. supreme court has rejected a petition from the legislative council that sought to overturn gov. susana martinez’s vetoes of all funding for higher education and the legislature.the high court also cancelled a hearing that was scheduled for monday in the case.the supreme court agreed on thursday with martinez’s argument that there is still time for the governor and lawmakers to resolve the dispute over funding for the fiscal year that begins july 1. martinez has called a special session of the legislature for may 24 at the roundhouse in santa fe to address the situation.because of that, the legislative council’s petition is “not ripe” for judicial review, the order from the supreme court states. all five ju






supreme court tosses budget standoff back to legislators and governor


heath haussamen / nmpolitics.neta statue outside the roundhouse in santa fe.this is a breaking news article that will be updated.the n.m. supreme court has rejected a petition from the legislative council that sought to overturn gov. susana martinez’s vetoes of all funding for higher education and the legislature.the high court also cancelled a hearing that was scheduled for monday in the case.the supreme court agreed with martinez’s argument that there is still time for the governor and lawmakers to resolve the dispute over funding for the fiscal year that begins july 1. martinez has called a special session of the legislature for may 24 at the roundhouse in santa fe to address the situation.because of that, the legislative council’s petition is “not ripe” for judicial review, the order f






supreme court tosses budget standoff back to legislators and governor


heath haussamen / nmpolitics.neta statue outside the roundhouse in santa fe.this is a breaking news article that will be updated.the n.m. supreme court has rejected a petition from the legislative council that sought to overturn gov. susana martinez’s vetoes of all funding for higher education and the legislature.the high court also cancelled a hearing that was scheduled for monday in the case.the supreme court agreed with martinez’s argument that there is still time for the governor and lawmakers to resolve the dispute over funding for the fiscal year that begins july 1. martinez has called a special session of the legislature for may 24 at the roundhouse in santa fe to address the situation.because of that, the legislative council’s petition is “not ripe” for judicial review, the order f






supreme court tosses budget standoff back to legislators and governor


heath haussamen / nmpolitics.neta statue outside the roundhouse in santa fe.this is a breaking news article that will be updated.the n.m. supreme court has rejected a petition from the legislative council that sought to overturn gov. susana martinez’s vetoes of all funding for higher education and the legislature.the high court also cancelled a hearing that was scheduled for monday in the case.the supreme court agreed with martinez’s argument that there is still time for the governor and lawmakers to resolve the dispute over funding for the fiscal year that begins july 1. martinez has called a special session of the legislature for may 24 at the roundhouse in santa fe to address the situation.because of that, the legislative council’s petition is “not ripe” for judicial review, the order f






east hampton loses bid to supreme court to limit airport noise


advertisement | advertise on newsdaysign of the east hampton town airport on daniels hole rd. in wainscott, nov. 16, 2016. (credit: gordon m. grant) the u.s. supreme court announced monday that it has denied a petition by east hampton town officials to review a lower court ruling that nullified airport curfew laws.supreme court justices considered the case during a conference on june 22.town officials filed the petition in march in an effort to reinstate laws that restricted late-night and early-morning flights — and thus reduce...






blagojevich again asks supreme court to hear his appeal


a federal appeals court monday rejected former gov. rod blagojevich's request for a rehearing, leaving the u.s. supreme court his only option to try to overturn his corruption conviction and 14-year prison sentence. the petition for a rare en banc hearing before the entire 7th u.s. circuit court... (chicago tribune)






florida man gets rare second case before supreme court


a florida man who won his supreme court case in 2013 over a floating home will return again with a free speech dispute about government retaliation.        






in racially charged case, florida carries out its first execution since early 20


in the four decades since florida reinstated the death penalty, the state had never executed a white man for the murder of a black victim.that changed thursday at 6:22 p.m. when florida used a controversial cocktail of lethal injection drugs to execute 53-year-old mark james asay for a 1987 double murder that prosecutors say was racially motivated.the case was riddled with legal challenges.in 1988, after a jury split 9 to 3 on whether asay deserved to die, a judge sentenced him to death under a sentencing provision that early last year the u.s. supreme court ruled unconstitutional.executions had been on hold in florida since that ruling, which said the state’s system of capital sentencing invested too much power in judges and too little in juries, violating the 6th amendment.asay’s attorne






florida supreme court says some counties should lose judges


tallahassee, fla. (ap) — the florida supreme court is asking the legislature for four new judges, but at the same time the high court says there’s no longer a need for 13 county judges in 10 counties.the state supreme court on wednesday issued its annual recommendations.the justices certified the need for two additional circuit judges in the 9th circuit, which covers orange and osceola counties in central florida. the court also asked for two additional county judges in hillsborough county.but after evaluating caseloads, the court questioned the need to keep in place county judges across the state. the counties that could lose judges are alachua, brevard, charlotte, collier, escambia, leon, monroe, pasco, polk and putnam.most read storiesunlimited digital access. $1 for 4 weeksthe florida






east hampton loses bid to supreme court to limit airport noise


advertisement | advertise on newsdaytown officials had sought to reinstate laws that restricted late-night and early-morning flights at east hampton airport in wainscott, seen on nov. 16, 2016. (credit: gordon m. grant) the u.s. supreme court announced monday that it has denied a petition by east hampton town officials to review a lower court ruling that nullified airport curfew laws.supreme court justices considered the case during a conference on june 22.town officials filed the petition in march in an effort to reinstate laws that restricted late-night and early-morning flights — and thus reduce...






florida gov. raises questions about supreme court justices


tallahassee, fla. (ap) — florida gov. rick scott is raising questions about how justices on the florida supreme court are handling a case that could greatly affect the court’s future.scott’s general counsel this week asked the high court to hand over a document that justice barbara pariente was seen discussing with chief justice jorge labarga during a court hearing. the scott administration also asked for all raw audio recordings of the two hours justices were in court.the discussion came right after a hearing over a lawsuit that deals with whether scott can appoint three new justices on his final day in office in 2019.part of the conversation between the two justices was caught by the state-run florida channel.most read storiessale! save over 90% on digital access.scott said tuesday that






death penalty dispute goes to florida supreme court


tallahassee, fla. (ap) — florida gov. rick scott’s power to strip a prosecutor of murder cases because she won’t seek the death penalty will be tested before the state supreme court.state attorney aramis ayala is asking the court to block scott from assigning her orlando-area murder cases to a neighboring prosecutor.justices will hear arguments wednesday in the dispute that began in march when ayala said she wouldn’t seek the death penalty against markeith loyd, who is charged with the fatal shooting of an orlando police officer, or any other death case.scott said he reassigned the cases because ayala isn’t following florida law. ayala argues that scott doesn’t have the right to take the cases from her because she’s independently elected.most read storiesunlimited digital access. $1 for 4






florida supreme court throws out 4 death sentences


tallahassee, fla. (ap) — the florida supreme court is ordering new sentencing hearings for four inmates currently on the state’s death row.the high court on thursday threw out the sentences because a jury did not unanimously recommend the death penalty. last year the court ruled death sentences have to be unanimous, which the court put in place in response to u.s. supreme court rulings.the state court said anyone sentenced after a 2002 ruling could be eligible for a new sentence.among those getting a new hearing is tiffany ann cole. she was convicted for her role in the 2005 murders of a jacksonville couple who were buried alive.most read storiessave over 90% on select subscriptions.one of the other inmates who will get a new sentencing hearing is michael bargo, convicted for taking part i






kenya vote to go ahead after block attempt fails | kenya news


nairobi, kenya - a rerun of the august presidential election is set to go ahead on thursday after a last-minute attempt to block the vote failed at the supreme court.kenya's supreme court was unable on wednesday to raise a quorum of judges to decide on whether the poll should go ahead, as the political crisis gripping the east african nation shows no sign of ending.the petition was brought by three human rights activists who claimed the electoral commission is not ready to hold a credible poll.opposition leader, raila odinga, plans to boycott the poll, which was decided on after the supreme court last month annulled the august 8 presidential election result."regrettably and with due apology to all the parties, this matter cannot proceed to hearing this morning as earlier scheduled," david






hickenlooper to announce pick for colorado supreme court


denver (ap) — gov. john hickenlooper will announce his latest pick to fill an opening on the colorado supreme court justice on thursday.last month, a judicial nominating commission gave the governor three judges to choose from, all of them women. they are denver attorney marcy glenn, university of colorado law professor melissa hart of denver and alamosa-based district court judge pattie p. swift.the new justice will take the place of allison eid (eyed) who was appointed to denver’s federal appeals court by president donald trump. she filled the vacancy left by neil gorsuch, who stepped down after being nominated to the u.s. supreme court.hickenlooper has made three previous appointments to the seven-member state supreme court.most read storiesunlimited digital access. $1 for 4 weeks.






kenya vote to go ahead after block attempt fails | kenya news


nairobi, kenya - a rerun of the august presidential election is set to go ahead on thursday, after a last-minute attempt to block the vote failed at the supreme court.kenya's supreme court was unable on wednesday to raise a quorum of judges to decide on whether the poll should go ahead, as the political crisis gripping the east african nation shows no sign of ending.the petition was brought by three human rights activists who claimed the electoral commission is not ready to hold a credible poll.opposition raila odinga leader plans to boycott the poll, which was decided on after the supreme court last month annulled the august 8 presidential election result."regrettably and with due apology to all the parties, this matter cannot proceed to hearing this morning as earlier scheduled," david m






minnesota supreme court upholds minneapolis decision on police insurance ballot


minneapolis officials were right to block a proposal requiring police officers to carry liability insurance from going on the ballot as a charter amendment, according to an opinion issued wednesday by the state supreme court.the court upheld an august 2016 district court decision dismissing a petition to put the insurance proposal on the ballot as a proposed city charter amendment in the november 2016 general election.“the opinion of the minnesota supreme court confirms the city’s position that the proposed charter amendment was in conflict with state statutes,” city attorney susan segal said in a statement.the committee for professional policing, a now-defunct citizens’ group, brought the petition to the minneapolis city council in july. the proposed amendment would have required officers






minnesota supreme court upholds minneapolis decision on police insurance ballot


minneapolis officials were right to block a proposal requiring police officers to carry liability insurance from going on the ballot as a charter amendment, according to an opinion issued wednesday by the state supreme court.the court upheld an august 2016 district court decision dismissing a petition to put the insurance proposal on the ballot as a proposed city charter amendment in the november 2016 general election."the opinion of the minnesota supreme court confirms the city's position that the proposed charter amendment was in conflict with state statutes," city attorney susan segal said in a statement.the committee for professional policing, a now-defunct citizens' group, brought the petition to the minneapolis city council in july. the proposed amendment would have required officers






jerry brown's second chance to remake california's supreme court


california supreme court justice kathryn mickle werdegar’s announcement that she will retire in august gives gov. jerry brown a chance to complete a sweeping remake of the court. now nearing the conclusion of his second stint as governor, brown already has appointed three of the court’s current seven members. he is likely to leave office in january 2019 having named a majority of the state’s high court justices.the situation invites a comparison with the u.s. supreme court and next week’s senate confirmation hearings for neil gorsuch, president trump’s choice to fill the late justice antonin scalia’s seat — and exposes the vast difference between the state and federal judicial systems.in washington, many democrats are still fuming over the senate’s refusal to consider president obama’s app






‘this is a stolen seat’


president donald trump is going to announce his supreme court nomination on tuesday night — but at least one senate democrat is vowing to do everything in his power to stop it.sen. jeff merkley (d – or) tells politico that he and his colleagues will filibuster trump’s supreme court nominee, no matter who it is.“this is a stolen seat,” merkley said, referring to the senate republican majority’s refusal to consider the nomination of merrick garland, who was nominated by former president obama to replace the deceased justice antonin scalia. “this is the first time a senate majority has stolen a seat. we will use every lever in our power to stop this.”if merkley and senate democrats hold together and refuse to vote for cloture on trump’s supreme court nominee, it could force senate majority le






the latest: colorado senator won't try to block gorsuch vote


washington — the latest on the nomination of judge neil gorsuch to the supreme court (all times local):11:45 a.m.senator michael bennet says he will not join democratic efforts to block a full-senate vote on the nomination of judge neil gorsuch to the supreme court.the colorado democrat has been under pressure to support gorsuch in part because the nominee is also from colorado. bennet doesn't say whether he will ultimately vote in favor of gorsuch. but he says he will not try to block a vote.if democrats successfully block a vote on gorsuch, senate republicans are threatening to change senate rules to enable them to confirm a supreme court nominee with a simple majority of 51 votes.under current rules, the need 60 votes to end debate.bennet says, "changing the senate rules now will only f






minn. sex offenders petition u.s. supreme court


a group of minnesota sex offenders has asked the u.s. supreme court to examine whether the state is violating the constitution by confining people indefinitely in prisonlike treatment centers after they have already completed their criminal sentences.in a petition filed friday, attorneys representing the offenders allege that the minnesota sex offender program (msop) infringes on their fundamental due process rights by operating a program without the basic safeguards of the criminal justice system — effectively turning the msop into a “life sentence.” offenders, the petition argues, lack timely access to the courts and the opportunity for regular reviews to determine whether they still pose a danger to the public or deserve to be released.“the fatal flaw of minnesota’s civil commitment sch






supreme court tosses 1 of 2 travel ban cases


by mark sherman | associated presswashington — the supreme court on tuesday dismissed one of two cases over president donald trump’s ban on visitors from mostly muslim countries, suggesting it will step away from the controversy for now.the court got rid of a case that originated in maryland and involves a ban that has now expired and been replaced by a new version.but the justices took no action on a separate case from hawaii. that dispute concerns both the travel ban and a separate ban on refugees, which does not expire until oct. 24.dismissing the cases would allow the court to avoid ruling on difficult legal issues, at least for a while.the justices had combined the two cases and set them for argument that was to have taken place tuesday. but after the travel ban expired last month and






prosecutor and governor to spar over death penalty in florida’s top court


the legal battle between florida governor rick scott and an orlando prosecutor he removed from two dozen murder cases because she would not seek the death penalty goes before the state’s supreme court on wednesday.aramis ayala, a democrat who serves as state attorney for the ninth judicial district that covers orange and osceola counties in central florida, sued the republican governor after he took the cases from her in april.ayala, the first black woman elected as a state attorney in florida, has said the death penalty is not in the best interest of justice. she claims scott is exceeding his authority, and she is asking the courts to give her the cases back.scott has said he believes florida state attorneys should “prosecute individuals to the fullest extent of the law,” including the de






minn. sex offenders petition u.s. supreme court for review


a group of minnesota sex offenders has asked the u.s. supreme court to examine whether the state is violating the constitution by confining people indefinitely in prisonlike treatment centers after they have already completed their criminal sentences.in a petition filed friday, attorneys representing the offenders allege that the minnesota sex offender program (msop) infringes on their fundamental due process rights by operating a program without the basic safeguards of the criminal justice system — effectively turning the msop into a “life sentence.” offenders, the petition argues, lack timely access to the courts and the opportunity for regular reviews to determine whether they still pose a danger to the public or deserve to be released.“the fatal flaw of minnesota’s civil commitment sch






minn. sex offenders petition u.s. supreme court


a group of minnesota sex offenders has asked the u.s. supreme court to examine whether the state is violating the constitution by confining people indefinitely in prisonlike treatment centers after they have already completed their criminal sentences.in a petition filed friday, attorneys representing the offenders allege that the minnesota sex offender program (msop) infringes on their fundamental due process rights by operating a program without the basic safeguards of the criminal justice system — effectively turning the msop into a "life sentence." offenders, the petition argues, lack timely access to the courts and the opportunity for regular reviews to determine whether they still pose a danger to the public or deserve to be released."the fatal flaw of minnesota's civil commitment sch






what losing the filibuster for the supreme court would really mean


chip somodevilla, getty imagessenate judiciary committee chairman charles grassley, a republican from iowa, and democratic sen. dianne feinstein of california participate in an executive business meeting to debate and vote on supreme court nominee judge neil gorsuch’s nomination out of committee and on to a vote by the full senate on monday at the u.s. capitol.the washington post reports on the upcoming fight to confirm judge neil gorsuch to replace late justice antonin scalia:if democrats successfully filibuster gorsuch, mcconnell and his caucus are likely to agree to change the chamber’s rules and end filibusters on supreme court picks. that would extend a rule change made by democrats in 2013 that punished republicans for years of attempts to block president barack obama’s nominees by e






supreme court options in travel-ban case


a look at where things stand in the legal battle over president donald trump’s travel ban.the fight over president donald trump’s travel ban reached the supreme court late thursday, in the form of three urgent requests from the justice department.a look at where things stand, and the justices’ options.q. what is happening in the supreme court?a. the justice department filed a petition seeking review of a decision by the 4th u.s. circuit court of appeals, in richmond, virginia, that blocked the trump administration’s proposed limits on travel from six mostly muslim countries.most read storiesunlimited digital access. $1 for 4 weeks.the government asked the justices to act a little faster than usual, urging them to decide whether to hear the case before they leave for their summer break. but






senate debates supreme court pick gorsuch as gop threatens to go ‘nuclear’ on th


the u.s. senate is debating donald trump’s supreme court nominee neil gorsuch. democrats plan to block the nomination with a filibuster, which would require 60 votes to overcome. but majority leader mitch mcconnell (r-ky) says he has enough votes for a rule change to bar filibusters against supreme court nominees.






turned down by supreme court, sen. bob menendez expects vindication at trial


sen. bob menendez, d-n.j., speaks during a senate foreign relations committee hearing on feb. 15, 2017.(photo: zach gibson, afp/getty images) 29 connect 3 linkedinemailmoresen. bob menendez expects to be vindicated of corruption charges when he goes on trial in september, his lawyer said monday after the u.s. supreme court turned down a request to hear an appeal of his indictment.without comment, the nation’s top court rejected a menendez petition that argued a philadelphia appeals court misinterpreted the constitution’s “speech or debate” clause, which bars the executive and judicial branches from questioning a member of congress about legislative activity."it's disappointing that the supreme court did not take this opportunity to set a clear, bright line of the separation of powers," men






court asked to dismiss cases tied to ex-drug lab chemist


boston — a petition is asking the highest court in massachusetts to dismiss every case connected to a former state chemist who authorities say was high almost every day she went to work at a state drug lab for eight years.the state's public defender agency is a party to the petition filed wednesday before the supreme judicial court by two women whose drug possession convictions are tied to evidence handled by chemist sonja farak.farak pleaded guilty in 2014 to stealing cocaine from the state crime lab at the university of massachusetts amherst. she worked at the lab between 2005 and 2013.the women say the state failed to notify them of farak's misconduct even after her conviction, depriving them of the opportunity to challenge their convictions.the attorney general's office has not comment






‘nuclear option’ fallout? more extreme u.s. justices, experts say


a republican-backed senate rule change expected on thursday could make it more likely that presidents will pick ideologically extreme u.s. supreme court nominees with little incentive to choose centrist justices, experts said.with a deep partisan divide in washington, democrats are using a procedural tactic called a filibuster to try to block confirmation of president donald trump’s supreme court nominee neil gorsuch in the republican-led senate.majority leader mitch mcconnell has threatened to change long-standing rules in the 100-seat senate if the democrats succeed with the filibuster in order to prohibit the tactic against supreme court nominees. that would mean such nominees could be confirmed by a simple majority rather than needing to first muster a 60-vote super-majority.experts sa






brazil president to ask court to suspend corruption probe linked to him


são paulo—brazilian president michel temer on saturday said he would ask the supreme court to suspend its investigation into allegations he was involved in a giant corruption scheme, vowing to remain in power.speaking during a televised address saturday afternoon, brazil’s deeply unpopular president alleged a recording that implicated him in the scandal was doctored and said he would file a petition with the supreme court to suspend...






us supreme court won’t block arkansas execution, clearing way for state’s 4th in


share storyby the associated pressthe associated pressvarner, ark. (ap) — us supreme court won’t block arkansas execution, clearing way for state’s 4th in 8 days.the associated presscustom-curated news highlights, delivered weekday mornings.thanks for signing up!






karma, precedent and the nuclear option


for euphemism, dissimulation and outright hypocrisy, there is nothing quite as entertaining as the periodic senate dust-ups over supreme court appointments and the filibuster. the arguments for and against the filibuster are so well-known to both parties as to be practically memorized. both nonetheless argue their case with great shows of passion and conviction. then shamelessly switch sides — and scripts — depending on the ideology of the nominee.everyone appeals to high principle, when everyone knows these fights are about raw power. when democrat harry reid had the majority in the senate and barack obama in the white house, he abolished the filibuster in 2013 for sub-supreme court judicial appointments in order to pack three liberal judges onto the d.c. circuit court of appeals.bad karm






the latest: official: officer's death homicide by trauma


smyrna, del. — the latest on a hostage situation and death o uard at a delaware prison (all times local):7:50 p.m.delaware state police say the medical examiner has ruled that the death of an officer in a prison disturbance was homicide by trauma.troopers said in a news release late friday that the delaware division of forensic science has completed the autopsy of lt. steven floyd sr. law enforcers say no further information about the autopsy will be released.floyd, 47, was found dead early thursday after a nearly 20-hour hostage standoff at the james t. vaughn correctional center near smyrna.___3:45 p.m.delaware department of correction commissioner perry phelps has presented the department's highest honor to the son of the correctional officer who was killed during a prison disturbance.t