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Alabama begins issuing marriage licenses to gay couples
Law Firm News | 2015/02/09 23:22
Alabama began issuing marriage licenses to same-sex couples Monday despite an 11th-hour attempt from the state's chief justice - an outspoken opponent - to block the weddings.

The U.S. Supreme Court said Monday morning that it wouldn't stop the marriages, and shortly after, probate judges began granting the licenses to couples, some of whom had been lined up for hours and exited courthouses to applause from supporters.

"It's about time," said Shante Wolfe, 21. She and Tori Sisson of Tuskegee had camped out in a blue and white tent and became the first in the county given a license.

Most probate judges issued the licenses despite Chief Justice Roy Moore's Sunday night order that they refuse. It was a dramatic return to defiance Moore, who was removed from the post in 2003 for refusing to obey a federal court order to remove a washing machine-sized Ten Commandments from the state judicial building. Critics lashed out that Moore had no authority to tell county probate judges to enforce a law that a federal judge already ruled unconstitutional.

Susan Watson, executive director of the American Civil Liberties Union of Alabama, said she has heard of four counties where judges have refused to issue marriage licenses to same-sex couples.


Supreme Court halts 3 upcoming executions in Oklahoma
Court Issues | 2015/02/03 23:47
The Supreme Court has ordered Oklahoma to postpone lethal injections executions using a controversial sedative until the court rules in a challenge involving the drug.

The court's order Wednesday came as little surprise after both the state and the lawyers for three inmates who faced execution between now and March requested the temporary halt. The justices agreed on Friday to take up the challenge to the use of the sedative midazolam, which has been used in problematic executions in Arizona, Ohio and Oklahoma.

The case will be argued in April and decided by late June.

Left open by the court's order is whether Oklahoma can carry out an execution that does not involve midazolam.


Two justices once open to cameras in court now reconsider
Law Firm News | 2015/02/03 23:47
Two Supreme Court justices who once seemed open to the idea of cameras in the courtroom said Monday they have reconsidered those views, dashing even faint hopes that April's historic arguments over gay marriage might be televised.

In separate appearances, Justices Elena Kagan and Sonia Sotomayor said allowing cameras might lead to grandstanding that could fundamentally change the nature of the high court.

Sotomayor told an audience in West Palm Beach, Florida, that cameras could change the behavior of both the justices and lawyers appearing at the court, who might succumb to "this temptation to use it as a stage rather than a courtroom."

"I am moving more closely to saying I think it might be a bad idea," she said.

During her confirmation hearings in 2009, Sotomayor told lawmakers she had a positive experience with cameras and would try to soften other justices' opposition to cameras.

Speaking at the University of Chicago's Institute of Politics, Kagan told an audience that she is "conflicted" over the issue and noted strong arguments on both sides.

Kagan said that when she used to argue cases before the court as Solicitor General, she wanted the public to see how well prepared the justices were for each case "and really look as though they are trying to get it right."

But Kagan said she is wary now of anything "that may upset the dynamic of the institution."

She pointed to Congress, which televises floor proceedings, saying lawmakers talk more in made-for-TV sound bites than to each other.


New Mexico appeals court hears assisted suicide case
Court Issues | 2015/01/30 17:37
Do terminally ill patients in New Mexico already have the right to end their lives?
That's what the New Mexico Court of Appeals is set to decide after hearing arguments Monday from the state and lawyers for a terminally ill woman.

The Santa Fe woman, who has advanced uterine cancer, is asking the courts to clarify New Mexico's laws putting doctors in legal trouble and preventing her from ending her life.

Last year, Second Judicial District Judge Nan Nash ruled the New Mexico Constitution prohibits the state from depriving a person of life, liberty or property without due process.

In addition, Nash found doctors could not be prosecuted under the state's assisted suicide law, which classifies helping with suicide as a fourth-degree felony.

Two doctors and Aja Riggs, the Santa Fe woman, asked the judge to determine that physicians would not be breaking the law if they wrote prescriptions for competent, terminally ill patients who wanted to end their lives.

Riggs and doctors Katherine Morris and Aroop Mangalik filed their lawsuit in 2012.

The New Mexico Attorney General's Office appealed Nash's ruling.

Scott Fuqua, director of the office's litigation division, told the court the state had no reason to keep terminally ill patients alive, but the law didn't allow doctors to prescribe medications to end patients' lives.


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