Wednesday, October 31, 2018

Trump visit stirs debate; massacre defendant in court

The man charged in the Pittsburgh synagogue massacre was brought into court in a wheelchair Monday, as some members of the Jewish community and others objected to President Donald Trump’s plans to visit, accusing him of contributing to a toxic political climate in the U.S. that might have led to the bloodshed. With the first funerals set for Tuesday, the White House announced that Trump and first lady Melania Trump will visit the same day to “express the support of the American people and to grieve with the Pittsburgh community” over the 11 congregants killed Saturday in the deadliest attack on Jews in U.S. history. Some Pittsburghers urged Trump to stay away. “His language has encouraged hatred and fear of immigrants, which is part of the reason why these people were killed,” said Marianne Novy, 73, a retired college English professor who lives in the city’s Squirrel Hill section, the historic Jewish neighborhood where the attack at the Tree of Life synagogue took place. Meanwhile, the alleged gunman, 46-year-old truck driver Robert Gregory Bowers, was released from the hospital where he was treated for wounds suffered in a gun battle with police. Hours later he was wheeled into a downtown federal courtroom in handcuffs to face charges. A judge ordered him held without bail for a preliminary hearing on Thursday, when prosecutors will outline their case. He did not enter a plea. During the brief proceeding, Bowers talked with two court-appointed lawyers and said little more than “Yes” in a soft voice a few times in response to routine questions from the judge. Courtroom deputies freed one of his cuffed hands so he could sign paperwork.

Saturday, October 20, 2018

Court orders some fixes in Texas foster care

A federal appeals court says Texas must make improvements to abuse investigations within its foster care system and make sure workers have manageable caseloads, but the court also struck down dozens of other measures ordered by a judge. The 5th U.S. Circuit Court of Appeals issued the ruling Thursday in a years-long case focused on children in the state’s long-term care. U.S. District Judge Janis Graham Jack had ordered sweeping changes earlier this year. Jack’s order followed a December 2015 opinion in which she ruled the system unconstitutionally broken and said children labeled permanent wards of the state “almost uniformly leave state custody more damaged than when they entered.” The appeals court judges said they understood Jack’s frustration with the state failing to fix problems and agreed that “remedial action is appropriate.” But the judges said her order went “well beyond” what’s necessary for constitutional compliance. So while the appeals court said Texas was “deliberately indifferent” to the risk of harm posed by high caseloads and ordered the Texas Department of Family and Protective Services to come up with guidelines for manageable caseloads, the judges nixed Jack’s instruction for all sexualized children — either aggressor or victim — to be placed in a single-child home.

Arkansas Supreme Court disqualifies term limits proposal

The Arkansas Supreme Court on Friday ordered election officials to not count votes cast for a ballot measure that would have imposed the strictest term limits in the country on state legislators. In a 4-3 ruling disqualifying the proposed initiative, the court said that thousands of signatures submitted by supporters were invalid and should not have been counted. The court did not rule on part of the lawsuit challenging the wording of the proposed amendment. The court agreed with a special judge it had appointed to review the petitions who said thousands of signatures should be tossed out for not complying with requirements for paid signature-gatherers. "Not only did Issue 3's supporters fail to properly collect the signatures required by law, but the measure would have stuck Arkansans with the most restrictive term limits in our country - a step in the wrong direction," Randy Zook, president of the state Chamber of Commerce and the head of the campaign against the measure, said. An attorney for Term Limits Arkansas, the group backing the measure, said the court relied on "hyper technical paperwork violations" to invalidate the signatures.

Wednesday, October 3, 2018

Supreme Court won't hear case over California beach access

The Supreme Court on Monday refused to hear an appeal from a California billionaire who doesn't want to open a road on his property so that the public can access a beach. The justices said that they will not take up Vinod Khosla's appeal of a California appeals court decision. The case had the potential to upend California's longstanding efforts to keep beaches open to the public. Khosla bought the property in the San Francisco Bay Area for $32.5 million in 2008 and later blocked the public from accessing it. That prompted a lawsuit by the nonprofit Surfrider Foundation. A state appeals court ruled last year that Khosla needed to apply for a coastal development permit before denying public access. Khosla - a venture capitalist who co-founded the Silicon Valley technology company, Sun Microsystems - closed a gate, put up a no-access sign and painted over a billboard at the entrance to the property that had advertised access to the beach, according to the appellate ruling. The secluded beach south of Half Moon Bay, about 35 miles (56 kilometers) south of San Francisco, is only accessible by a road that goes over Khosla's land.

Trials adding up for West Virginia Supreme Court justices

The federal trial of the ousted chief justice of the West Virginia Supreme Court is starting a day after a colleague's impeachment trial began in the state Senate. Jury selection is set to get under way Tuesday in U.S. District Court in Charleston for Allen Loughry who also has a Senate impeachment trial scheduled in November. Loughry is accused in the 25-count federal indictment of repeatedly lying about using his office for personal gain, making personal use of a state vehicle and credit card, and trying to influence an employee's testimony and a federal grand jury investigation. The indictment accuses him of "creating a false narrative" about an antique desk and leather couch that he had transferred from the Supreme Court offices to his home, and that he repeated the false narrative to an FBI special agent during a March interview. The House of Delegates in August impeached him and justices Beth Walker, Margaret Workman and Robin Davis. Walker's impeachment trial started Monday and resumes Tuesday. West Virginia's courts are an independent branch of government, and Loughry, in consultation with the other justices, had constitutional autonomy in deciding how the system spends a $139 million annual budget. The justices are accused of abusing this authority by failing to rein in excessive spending on lavish office renovations, business lunches and the personal use of state cars. The cases also raised questions about corruption, incompetence and neglect of duty earlier this decade.

High court denies review of Grand Canyon-area mining ban

The U.S. Supreme Court won't review an Obama-era action that put land around the Grand Canyon off-limits to new mining claims, ending the legal battle as environmentalists keep a close eye on actions by the Trump administration that they fear could lead to more access for the mining industry. The Obama administration put about 1,562 square miles (4,045 square kilometers) outside the boundaries of the national park off-limits to new hard rock mining claims until 2032. The 20-year ban was meant to slow a flurry of mining claims over concern that the Colorado River — a major water source serving 30 million people — could become contaminated and to allow for scientific studies. The mining industry asked the Supreme Court in March to review the ban, saying it was based on an unconstitutional provision of federal law. The high court on Monday declined the request, leaving the ban in place. "Clearly, we're disappointed," said Ashley Burke, a spokeswoman for the National Mining Association. "There continues to be great risk to our domestic supply chain thanks to unwarranted withdrawals like this." Burke said the association will continue advocating for land access. The American Exploration and Mining Association also challenged the ban. Environmentalists hailed the court's decision but are worried the ban could be undone administratively.