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Arizona judge nixes suit that wants Trump backers off ballot
Legal Interview | 2022/04/23 21:01
A judge in Phoenix has dismissed lawsuits seeking to disqualify three Republican lawmakers from this year’s ballot because they participated in or helped organize the Jan. 6, 2021, rally in Washington that led to an unprecedented attack on Congress.

The decision from Maricopa County Superior Court Judge Christopher Coury made public Friday means Reps. Paul Gosar and Andy Biggs and state Rep. Mark Finchem remain on the primary ballot barring a reversal by the state Supreme Court. Gosar and Biggs are seeking reelection and Finchem is running for Secretary of State, Arizona’s chief election officer.

The lawsuits filed on behalf of a handful of Arizona voters alleged that Gosar, Biggs and Finchem can’t hold office because they participated in an insurrection. They cited a section of the 14th Amendment to the U.S. constitution enacted after the Civil War.

None of the lawmakers are accused of participating in the actual attack on Congress that was intended to stop certification of President Joe Biden’s win.

Coury agreed with the lawmakers’ attorneys who said Congress created no enforcement mechanism for the 14th Amendment, barring a criminal conviction. He noted that Congress proposed such a law in the wake of the attack on Congress but it is not been enacted.


Suit seeks to overturn renewed Philadelphia mask mandate
Court Watch | 2022/04/16 22:44
Several businesses and residents have filed suit in state court in Pennsylvania seeking to overturn Philadelphia’s renewed indoor mask mandate scheduled to be enforced beginning Monday in an effort to halt a surge in COVID-19 infections.

The lawsuit, filed in Commonwealth Court on Saturday, said Philadelphia lacks the authority to impose such a mandate.

Philadelphia earlier this week became the first major U.S. city to reinstate its indoor mask mandate after reporting a sharp increase in coronavirus infections, with the city’s top health official saying she wanted to forestall a potential new wave driven by an omicron subvariant.

Attorney Thomas W. King III, who was among those involved in last year’s successful challenge to the statewide mask mandate in schools, said the city’s emergency order went against recommendations of the federal Centers for Disease Control and Prevention and “imposed a renegade standard unfound anywhere else in the world.”

The suit accuses city health officials of having “usurped the power and authority” of state lawmakers, the state department of health and the state advisory health board.

Kevin Lessard, communications director of the Philadelphia mayor’s office, said officials were “unable to comment on this particular case” but cited a court’s denial of an emergency motion by another plaintiff for a preliminary injunction against the mandate. Lessard said “the courts once again confirmed that city has both the legal authority and requisite flexibility to enact the precautionary measures necessary to control the spread of COVID-19.”

Most states and cities dropped their masking requirements in February and early March following new guidelines from the CDC that put less focus on case counts and more on hospital capacity and said most Americans could safely take off their masks.

Philadelphia had ended its indoor mask mandate March 2. But on Monday Dr. Cheryl Bettigole, the health commissioner, cited a more than 50% rise in confirmed COVID-19 cases in 10 days, the threshold at which the city’s guidelines call for people to wear masks indoors.


Arizona court won’t halt sex suits naming Boy Scouts, others
Court Issues | 2022/04/13 05:42
Arizona victims of long-ago child sex abuse can proceed with lawsuits against groups like the Boy Scouts of America after the state Supreme Court rejected claims that a state law extending victims’ right to sue was unconstitutional.

Arizona is among many states that have reacted to child sex abuse in recent years by allowing victims of even decades-old abuse to sue groups that didn’t protect them from predators. That has led to lawsuits against the Roman Catholic Church, Scouts and others.

The high court last week rejected appeals by Big Brothers Big Sisters of America and its affiliates in central and southern Arizona of lower court rulings that found a 2019 law extending the statute of limitations was constitutional.

The rulings appear to be the first to directly address whether the Arizona law is legal, according to Phoenix attorney Robert Pastor, who represents victims in the two cases the high court considered.

Those lawsuits allege that the group that connects youth called “Littles” with adult mentors known as “Bigs” did not properly oversee the Bigs. The cases involved two men who abused boys, one in 1983 and one in the 1970s, court filings show. The men are not defendants.



2nd defendant pleads guilty in 2018 hate crime in Washington
Legal Network | 2022/04/11 04:55
A second defendant has pleaded guilty in federal court to a hate crime and making false statements in connection with a 2018 racially-motivated assault in the Seattle area.

U.S. Attorney Nick Brown said Jason DeSimas, 45, of Tacoma, Washington, is one of four men from across the Pacific Northwest being prosecuted for punching and kicking a Black man at a bar in Lynnwood, Washington.

U.S. District Judge Richard A. Jones scheduled sentencing for July 8.

According to the plea agreement, DeSimas was a prospective member of a white supremacist group. DeSimas believed that he and his group could go into bars and initiate fights, so that the rest of the members of the group could join in.

On Dec. 8, 2018, the men went to a bar in Lynnwood, Washington and assaulted a Black man who was working as a DJ. The group also assaulted two other men who came to the DJ’s aid. The attackers shouted racial slurs and made Nazi salutes during the assault.

DeSimas also admitted making false statements to the FBI during the investigation of the case.

Under terms of the plea agreement, both sides will recommend a 37-month prison term. The judge is not bound by the recommendation.

Daniel Delbert Dorson, 24, of Corvallis, Oregon, has already pleaded guilty in the case and is scheduled for sentencing Aug. 19. Jason Stanley, 44, of Boise, Idaho, and Randy Smith, 39, of Eugene, Oregon, are also charged in the case and are in custody awaiting trial.



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