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CAS asked to judge Ecuador case by 10 days before World Cup
Attorneys News | 2022/10/03 19:26
Sport’s highest court has been asked to judge a case that aims to remove Ecuador from the World Cup by no later than Nov. 10 — just 10 days before the team should face host Qatar in the opening game.

The Court of Arbitration for Sport said it registered appeals by the Chilean and Peruvian soccer federations against a FIFA ruling this month that Ecuador defender Byron Castillo was in fact eligible to play in the eight qualifying games he was selected for.

CAS gave no timetable for appointing judges and organizing a hearing, though said both parties appealing asked for a final award by Nov. 10.

Chile officials claim to have documents proving Castillo is actually Colombian and that Ecuador should forfeit all eight games he played in as 3-0 losses.

That legal argument was dismissed by FIFA’s disciplinary committee in June and upheld by FIFA appeal judges two weeks ago.

Ecuador placed fourth in the South American qualifying group in March and claimed a direct World Cup entry. Days later it was drawn into Group A with Qatar – playing the host on Nov. 20 in Doha -- Netherlands and Senegal.

If the qualifying games were forfeited, the revised points totals would lift Chile to fourth from seventh.

Peru placed fifth and has asked CAS to get Ecuador’s entry as the next highest placed South American team. Peru already lost an intercontinental playoff to Australia in June.


Wisconsin Supreme Court disallows absentee ballot drop boxes
Attorneys News | 2022/07/07 00:05
Wisconsin’s conservative-controlled Supreme Court ruled Friday that absentee ballot drop boxes may be placed only in election offices and that no one other than the voter can return a ballot in person, dealing a defeat to Democrats who said the decision would make it harder to vote in the battleground state.

However, the court didn’t address whether anyone other than the voter can return his or her own ballot by mail. That means that anyone could still collect multiple ballots for voters and, instead of using a drop box, put them in the mail.

Republicans have argued that practice, known as ballot harvesting, is ripe with fraud although there has been no evidence of that happening in Wisconsin. Democrats and others argue that many voters, particularly the elderly and disabled, have difficulty returning their ballots without the assistance of others.

Supporters argue drop boxes are a better option than mailing ballots because they go directly to the clerks and can’t be lost or delayed in transit.

The decision sets absentee ballot rules for the Aug. 9 primary and the fall election; Republican U.S. Sen. Ron Johnson and Democratic Gov. Tony Evers are seeking reelection in key races.

Johnson and other Republicans hailed it as a win for voter integrity.

“This decision is a big step in the right direction,” Johnson said.

Evers and other Democrats said the ruling will make it more difficult for people to vote.

“It’s a slap in the face of democracy itself,” said Democratic Party Chairman Ben Wikler.

The court’s 4-3 ruling also has critical implications in the 2024 presidential race, in which Wisconsin will again be among a handful of battleground states. President Joe Biden defeated Donald Trump in 2020 by just under 21,000 votes, four years after Trump narrowly won the state by a similar margin.


States brace for fight over gun laws after high court ruling
Attorneys News | 2022/06/24 23:46
The Supreme Court’s decision overturning a gun-permitting law in New York has states with robust firearms restrictions scrambling to respond on two fronts — to figure out what concealed-carry measures they might be allowed to impose while also preparing to defend a wide range of other gun control policies.

The language in the court’s majority opinion heightened concern that other state laws, from setting an age limit on gun purchases to banning high-capacity ammunition magazines, may now be in jeopardy.

“The court has basically invited open season on our gun laws, and so I expect litigation across the board,” said New Jersey acting Attorney General Matt Platkin, a Democrat. “We’re going to defend our gun laws tooth-and-nail because these gun laws save lives.”

The court ruling issued Thursday specifically overturned a New York law that had been in place since 1913 and required that people applying for a concealed carry permit demonstrate a specific need to have a gun in public, such as showing an imminent threat to their safety. The court’s conservative majority said that violated the Second Amendment, which they interpreted as protecting people’s right to carry a gun for self-defense outside the home.

While the ruling does not address any other laws, the majority opinion opens the door for gun rights advocates to challenge them in the future, said Alex McCourt, the director of legal research for the Johns Hopkins Center for Gun Violence Solutions.

Pro-firearms groups in several states said they plan to do just that.

Attorney Chuck Michel, president of the California Rifle and Pistol Association, said the group is preparing to expand its legal challenges based on the high court changing the legal standard used to assess whether gun control laws are constitutional.

Courts must now consider only whether a gun control regulation is consistent with the Second Amendment’s actual text and its historical understanding, according to Thursday’s ruling. Before that, judges also could consider a state’s social justification for passing a gun control law.

Michel said the standard will affect three prominent California laws. Legal challenges to the state’s limits on assault weapons, its requirement for background checks for buying ammunition and its ban on online ammunition sales are pending before a federal appellate court.


Supreme Court sides with government in immigration case
Attorneys News | 2020/04/26 20:31
The Supreme Court is making it harder for noncitizens who are authorized to live permanently in the United States to argue they should be allowed to stay in the country if they've committed crimes.

The decision Thursday split the court 5-4 along ideological lines. The decision came in the case of Andre Barton, a Jamaican national and green card holder. In 1996, when he was a teenager, he was present when a friend fired a gun at the home of Barton's ex-girlfriend in Georgia. And in 2007 and 2008, he was convicted of drug possession in the state.

His crimes made him eligible to be deported, and the government sought to remove him from the country in 2016. Barton argued he should be eligible to stay. Justice Brett Kavanaugh noted in his opinion for the court's conservatives that it was important that Barton's 1996 crime took place in the first seven years he was admitted to the country.

Kavanaugh wrote that “when a lawful permanent resident has amassed a criminal record of this kind,” immigration law makes them ineligible to ask to be allowed to stay in the country.


Court to hear resentencing bid in Arizona death penalty case
Attorneys News | 2019/12/11 05:15
The U.S. Supreme Court will hear an appeal Wednesday by an Arizona death row inmate who is seeking a new sentencing trial, arguing the horrific physical abuse that he suffered as a child wasn't fully considered when he was first sentenced.

The appeal of James Erin McKinney could affect as many as 15 of Arizona's 104 death row inmates. Attorneys say the Arizona courts used an unconstitutional test in examining the mitigating factors considered during the sentencing trials of the inmates.

The Supreme Court has ruled both that juries, not judges, must impose death sentences, and that mitigating factors, including childhood deprivations, must be factored into sentencing decisions.

McKinney's attorneys say the Arizona Supreme Court erred last year in upholding his sentences after a federal appellate decision concluded that the state court used an unconstitutional test in examining the mitigating factors considered during his sentencing.

Prosecutors said McKinney shouldn't get a sentencing retrial, arguing his case was considered officially closed years before the 2002 Supreme Court decision that required death penalty decisions to be made by jurors, not judges.

Attorneys say the decision in McKinney's case could affect other Arizona death row inmates who could challenge the test used in evaluating the mitigating factors considered during sentencing. But it's unclear whether the ruling would affect death penalty cases from other states.



EU court: ‘Active consent’ required for cookie storage
Attorneys News | 2019/10/02 02:08
The European Union’s top court has ruled that website operators must secure internet users’ “active consent” to their storage of so-called cookies.

The European Court of Justice’s ruling Tuesday was prompted by a dispute between German firm Planet49 and a German consumer organization over the company’s use of a pre-ticked checkbox for participants in online promotional games to secure consent to cookie storage.

Judges found that EU law’s requirement for users to consent to storage of and access to cookies on their devices isn’t covered by a pre-checked box that the user “must deselect to refuse his or her consent.”

They said specific consent must be obtained. They also said the service provider must tell users how long the information about them will operate and whether third parties may access them.


Supreme Court asked to void Louisiana abortion clinic law
Attorneys News | 2019/04/18 17:54
A Louisiana abortion clinic is asking the Supreme Court to strike down regulations that could leave the state with just one clinic.

A divided high court had previously agreed to block the law pending a full review of the case.

An appeal being filed with the court Wednesday says the justices should now take the next step and declare the law an unconstitutional burden on the rights of women seeking an abortion. The Louisiana provision is similar to a Texas law the court struck down in 2016.

If the justices agree to hear the Louisiana case, as seems likely, it could lead to a decision on the high-profile abortion issue in spring 2020, in the midst of the presidential election campaign.

The case presents a swirling mix of the changed court’s views on abortion rights and its respect for earlier high court decisions.

Louisiana’s law requires abortion providers to have admitting privileges at nearby hospitals. The justices said in 2016 that a Texas law provided “few, if any, health benefits for women.”

But the composition of the court has changed since then. President Donald Trump has put two justices, Neil Gorsuch and Brett Kavanaugh, on the court. Kavanaugh replaced Justice Anthony Kennedy, who voted to strike down the Texas law. Trump had pledged during the campaign to appoint “pro-life” justices, and abortion opponents are hoping the more conservative bench will be more open to upholding abortion restrictions.

Louisiana abortion providers and a district judge who initially heard the case said one or maybe two of the state’s three abortion clinics would have to close under the new law. There would be at most two doctors who could meet its requirements, they said.

But the appeals court in New Orleans rejected those claims, doubting that any clinics would have to close and saying the doctors had not tried hard enough to establish relationships with local hospitals.

In January, the full appeals court voted 9-6 not to get involved in the case, setting up the Supreme Court appeal.

In February, the justices split 5-4 to keep the law on hold. Chief Justice John Roberts, a dissenter in the 2016 case from Texas, joined with the court’s four liberal justices to temporarily block the Louisiana measure.


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