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Health overhaul's subsidies at Supreme Court
Legal Network |
2014/10/30 16:46
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Supreme Court justices have their first chance this week to decide whether they have the appetite for another major fight over President Barack Obama's health care law.
Some of the same players who mounted the first failed effort to kill the law altogether now want the justices to rule that subsidies that help millions of low- and middle-income people afford their premiums under the law are illegal.
The challengers are appealing a unanimous ruling of a three-judge panel of the federal appeals court in Richmond, Virginia, that upheld Internal Revenue Service regulations that allow health-insurance tax credits under the Affordable Care Act for consumers in all 50 states. The appeal is on the agenda for the justices' private conference on Friday, and word of their action could come as early as Monday.
The fight over subsidies is part of a long-running political and legal campaign to overturn Obama's signature domestic legislation by Republicans and other opponents of the law. Republican candidates have relentlessly attacked Democrats who voted for it, and the partisanship has continued on the federal bench. Every judge who has voted to strike down the subsidies was appointed by a Republican president.
The appeal has arrived at the Supreme Court at a curious time; there is no conflicting appeals court ruling that the justices often say is a virtual requirement for them to take on an issue. Justice Ruth Bader Ginsburg cited that practice, for example, as a reason she and her colleagues decided not to take on the same-sex marriage issue. And in the gay marriage cases, both sides were urging the court to step in.
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Marine wants new charges in Iraq war crime tossed
Legal Network |
2014/10/30 16:45
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The Marine Corps should not be retrying a sergeant whose murder conviction in a major Iraq war crime case was overturned by the military's highest court after he served half of his 11-year sentence, his defense attorneys say.
Civilian defense attorney Chris Oprison said he has filed nine motions that he will present during a two-day hearing for Lawrence Hutchins III that starts Thursday at Camp Pendleton Marine Corps base, north of San Diego.
"We think all these charges should be dismissed," Oprison said. "What are they trying to get out of this Marine? He served seven years locked up, away from his wife and family. Why are they putting him through this again after he served that much time?"
The military prosecution declined to comment.
The Marine Corps ordered a retrial for Hutchins last year shortly after the ruling by the Court of Appeals for the Armed Forces that found his rights were violated by interrogators in 2006 when he was detained in Iraq and held in solitary confinement without access to a lawyer for a week.
The new defense team is asking the judge to let them go to Iraq to interview witnesses in the village of Hamdania, where Hutchins led an eight-man squad accused of kidnapping an Iraqi man from his home in April 2006, marching him to a ditch and shooting him to death. Hutchins has said he thought the man was an insurgent.
Before his release, the Marine, from Plymouth, Massachusetts, had served seven years in the brig for one of the biggest war crime cases against U.S. troops to emerge from the war. None of the other seven squad members served more than 18 months.
The military last summer re-charged Hutchins. Among the charges is conspiracy to commit murder, which Oprison said is double jeopardy. Hutchins was convicted of murder at his original trial and acquitted of murder with premeditation.
Hutchins' defense attorneys also say the military compromised his case when its investigators raided defense attorneys' offices at Camp Pendleton in May. Oprison said investigators rifled through privileged files that held "the crown jewels" of Hutchins' defense case. |
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Former Assistant Wayne County Prosecutor
Court Issues |
2014/10/27 21:46
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You can expect convenient office hours, along with knowledgeable lawyers and reasonable attorney fees from us. Legal problems can loom large and become stressful, so our Plymouth Canton lawyers give all our clients the personal attention and caring respect they deserve.
Your legal situation may be negatively impacted if you try to deal with it on your own. Instead of risking the outcome, why not call our committed attorneys for guidance? When you need it most, contact us at the Law Office of Rita O. White today to learn more and set up an appointment. |
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Washington high court to hear charter schools case
Law Firm News |
2014/10/27 21:45
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The Washington Supreme Court is scheduled to hear arguments on Tuesday about whether the voter-approved charter school law violates the state constitution.
King County Superior Court Judge Jean Rietschel found in December that parts of the new law were unconstitutional. Her decision focused on whether certain taxpayer dollars can be used to pay for the operation of charter schools.
Those dollars are essential to the success of these new schools, according to the people who want to open nine charter schools in Washington state next fall. The state's first charter school, First Place Scholars, opened in Seattle this fall.
Both sides asked the state Supreme Court to skip the appeals court process and directly review the case. |
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