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Court: District court can hear some fed complaints
Court Issues |
2012/12/10 20:39
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The Supreme Court says some discrimination complaints from federal workers can go to federal district court, instead of being forced into the U.S. Court of Appeals for the Federal Circuit.
The justices on Monday ruled unanimously that some appeals from the Merit Systems Protection Board can go before U.S. district judges if they involve discrimination claims dismissed for procedural reasons.
Carolyn M. Kloeckner was fired from the Labor Department in 2005 after complaining of sex and age discrimination and a hostile work environment, as well as being declared "absent without leave."
The Merit Systems board dismissed her claims as untimely, and she tried to appeal to district court. But the 8th U.S. Circuit Court of Appeals said her appeal could only be heard by the D.C.-based Federal Circuit. |
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Court upholds sentence of ex-CIA station chief
Court Watch |
2012/12/04 00:16
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An appeals court has unanimously upheld the nearly 5 ½-year sentence of a former CIA station chief for sexually abusing an unconscious woman at the mansion the U.S. government provided for him in Algeria.
The three-judge panel ruled Friday that U.S. District Judge Ellen Huvelle had adequately explained why she sentenced Andrew Warren to roughly double what was called for in sentencing guidelines.
Warren argued that his Post-Traumatic Stress Disorder, depression and substance abuse made it unreasonable to give him more than a brief sentence, followed by treatment at a private facility. The appeals court disagreed.
After Warren was fired, federal agents found him high on crack in a Virginia motel room with a semi-automatic pistol in his shorts. He pleaded guilty to abusive sexual contact and a gun charge. |
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Brazil's first black Supreme Court president
Legal Opinions |
2012/11/27 03:19
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Brazil's Supreme Court is now headed by a black justice for the first time.
Joaquim Barbosa was sworn in on Thursday. He became the only black ever to serve on the court when he joined it in 2003, even though more than half of the country's 192 million people identify themselves as having African descent.
Barbosa, 58, was elected in October to a two-year tenure as Supreme Court president. His election was a foregone conclusion since the court's presidency always goes to the justice who has served on the bench the longest.
Over the past several weeks he gained national and international renown presiding over a high-profile corruption trial involving a congressional cash-for-votes scheme. The court has convicted 25 people including the former chief of staff of ex-President Luiz Inacio Lula da Silva.
President Dilma Rousseff, members of her Cabinet, state governors, congressional leaders and several sports and entertainment personalities were present at Barbosa's swearing in.
"The multiculturalism that characterizes the Brazilian people is evident here today with Joaquim Barbosa heading the highest court of the land," said Ophir Cavalcante, president of the Brazilian Bar Association in a speech during the swearing in ceremony. |
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Campaigns lawyered up for election overtime chance
Legal Opinions |
2012/11/06 19:12
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Legions of lawyers are ready to enter the fray in case Election Day turns on a legal challenge. One nightmare scenario would be for the results in a battleground state like Florida or Ohio to be too close to call, with thousands of absentee or provisional ballots yet to be counted.
The key, experts say, is whether the difference in votes between the two candidates is within what's known as the "margin of litigation" — that is, the number of outstanding votes must be much greater than the margin separating Obama and Romney when the smoke clears. And, it must be in a state that's decisive.
"You'd have to have a state whose Electoral College votes are absolutely pivotal or there would have to be a massive problem involving voters," said Richard Hasen, law professor at the University of California, Irvine, and founding editor of the Election Law Journal. "There not only have to be problems in an election. They have to be widespread enough or the margin close enough that litigating would actually make a difference."
Legal and campaign officials on both sides say lawyers are poised at both the national level and in the key states to respond immediately if a court challenge is needed. The political parties have gained a lot of experience in legal fights over U.S. Senate and House seats. The last major legal battle over the presidency was the 2000 race, settled by the U.S. Supreme Court favoring George W. Bush over Al Gore. |
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