Religion and free speech among cases justices could add

A closely watched voting rights dispute from Arizona is among five cases standing between the Supreme Court and its summer break. But even before the justices wrap up their work, likely later this week, they could say whether they’ll add more high-profile issues to what already promises to be a consequential term, beginning in October. This month, the court has already issued big decisions on health care and religious freedom. And next term, the high court has agreed to take on cases about abortion and guns. The court on Monday passed on two potentially big cases but was still considering others. Here are the issues the court declined and others the court has not yet acted on: The court on Monday declined to take an appeal by a Virginia school board asking the justices to uphold a policy that prohibits transgender students from using school bathrooms that correspond with their gender identity. Lower courts had struck down the policy. The case has been around for six years, since then-high school student Gavin Grimm filed a federal lawsuit over the Gloucester County board’s refusal to allow him to use the boys’ bathroom. Seventeen years after shocking photographs of prisoners being abused at the U.S.-run prison in Abu Ghraib were first made public, Iraqis who claim they were victims of torture are still seeking their day in court against a U.S. defense contractor that supplied the military with interrogators. On Monday, the Supreme Court declined to take an appeal by the company, CACI Premier Technology of Arlington, Virginia. It was appealing to the court on a technical legal issue that could have delayed or even prevented a trial. The inmates say they were beaten and tortured by military police officers who were acting at the direction of civilian interrogators who wanted the inmates “softened up” for questioning. CACI says none of its interrogators is linked to the abuse suffered by the men who are suing. The IDOC imposed a sanction requiring him to pay over $8,000 in restitution for the guard’s medical expenses, according to the Kokomo Tribune. The agency then started taking deposits made to Isby’s prison account and using they money toward restitution. The withdrawals continued after Isby was transferred to Miami Correctional. The appeals court argued the IDOC may impose restitution as a disciplinary action. The court also said while state law governs and provides means for reviewing administrative agency actions, it exempts actions related to an offender within the agency’s jurisdiction.

Judge upholds dismissal of case against resort developer

A U.S. bankruptcy judge has upheld court decisions that the state of Montana lacked legal standing to file an involuntary bankruptcy petition nearly a decade ago against Yellowstone Club co-founder Tim Blixseth. Judge Mike N. Nakagawa of Nevada on June 3 confirmed the ruling by previous judges to dismiss the involuntary petition, noting the case has lingered for nearly 10 years. The 9th Circuit Court of Appeals ruled in 2019 the Montana Department of Revenue (MDOR) lacked legal standing to file an involuntary bankruptcy petition against Blixseth and referred the case to bankruptcy court to see if it should be dismissed. The Yellowstone Club, a private ski and golf resort in Big Sky founded by Blixseth and his now ex-wife in 1997, filed for bankruptcy in 2008. Blixseth was accused of pocketing much of a $375 million Credit Suisse loan to the resort and later gave up control of the enterprise to his ex-wife during their 2008 divorce. The club, which has touted billionaire Microsoft co-founder Bill Gates and former Vice President Dan Quayle as members, has emerged from bankruptcy under new ownership. The Montana Department of Revenue had done an audit of Blixseth and in 2009 said he owed $56.8 million in taxes, penalties and interest arising from eight audit issues, court documents stated. The Montana action against Blixseth is separate from Blixseth’s claims against Montana in Nevada for damages due to the involuntary petition , the Independent Record reported. In 2011, Montana joined with the Idaho State Tax Commission and the California Franchise Tax Board against Blixseth, however, those two states had settled agreements and withdrew from the petition, according to court documents. Nakagawa noted that as of the hearing date, close to a decade has passed since the Involuntary Petition was filed. He said that since April 20, 2011, only Montana has continuously pursued this issue against Blixseth. He said Yellowstone Club Liquidating Trustee apparently was interested in pursuing the involuntary proceeding against Blixseth, but gave up nearly two years before the 9th Circuit mandate was received by this bankruptcy court.

Court nixes South Carolina’s lifelong sex offender registry

South Carolina’s Supreme Court ruled on Wednesday that a state law requiring sex offenders to register for life, without prior judicial review, is unconstitutional. In a unanimous ruling, justices wrote that “requirement that sex offenders must register for life without any opportunity for judicial review violates due process because it is arbitrary and cannot be deemed rationally related to the General Assembly’s stated purpose of protecting the public from those with a high risk of re-offending.” Justices set a 12-month timeline to implement the ruling, to give state lawmakers time to “correct the deficiency in the statute regarding judicial review.” The case stems from a lawsuit originally brought by Dennis Powell, who was arrested in 2008 for criminal solicitation of a minor after authorities said he had graphic online conversations with someone he thought was a 12-year-old girl, but who was actually an undercover officer. After pleading guilty, Powell was sentenced to two years in prison and ordered to register as a sex offender, which South Carolina’s statute mandates as a lifelong situation. South Carolina’s sex offender statute requires biannual registration, in-person at a sheriff’s office, but provides for no periodic review by a judge, a situation the Supreme Court called “the most stringent in the country.” “The lifetime inclusion of individuals who have a low risk of re-offending renders the registry over-inclusive and dilutes its utility by creating an ever-growing list of registrants that is less effective at protecting the public and meeting the needs of law enforcement,” justices wrote. “There is no evidence in the record that current statistics indicate all sex offenders generally pose a high risk of re-offending.” The court ruled that Powell should be immediately removed from the state’s sex offender registry. Powell had also challenged a portion of the statute that permits the registry to be published online, which the court upheld. Attorneys for both Powell and the State Law Enforcement Division did not immediately return text messages seeking comment on the ruling.

Ruling: Missed court date in Washington does not imply guilt

The Washington state Supreme Court this month unanimously rejected the notion that a man who skipped his court date could be presented as evidence that he felt guilty about the original crime. State Supreme Court justices agreed that criminalizing a single missed court date could disproportionately harm people of color, poor people or people without reliable transportation or scheduling conflicts due to child care or work, The Daily Herald reported. The ruling came less than a year after the state Legislature revised the bail jumping law, which gives people more time to respond to a warrant. Samuel Slater, 27, had one unexcused absence in his case, which predated the new law. Records show Slater was convicted of violating no-contact orders five times in five years, multiple driving offenses and domestic violence charges. He pleaded guilty in 2016 to assault in Washington state. A judge ordered him not to have contact with the woman, who was not identified, but he showed up within a day of being let out of jail. He was charged in 2017 with alleged felony violation of a no-contact order and felony bail jumping after missing a court date later in the year. Slater’s attorney, Frederic Moll, asked for separate trials on the counts. Snohomish County Superior Court Judge Anita Farris, a former public defender, found that the charges could be tried together for “judicial economy reasons” and that they were cross-admissible, meaning one could be used to prove the other. Judge Ellen Fair presided over the trial and agreed with Farris. State Court of Appeals judges also agreed. During the trial, deputy prosecutor Adam Sturdivant repeatedly noted how the defendant missed his court date, asking: “If he didn’t do it, why didn’t he show up for trial call a year ago?” Slater was found guilty on both counts and sentenced to more than two years in prison and a year of probation.