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High court weighs Mich. ban on affirmative action
Court Watch |
2013/10/14 20:19
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After the Supreme Court ruled a decade ago that race could be a factor in college admissions in a Michigan case, affirmative action opponents persuaded the state's voters to outlaw any consideration of race.
Now, the high court is weighing whether that change to Michigan's constitution is itself discriminatory.
It is a proposition that even the lawyer for civil rights groups in favor of affirmative action acknowledges a tough sell, at first glance.
"How can a provision that is designed to end discrimination in fact discriminate?" said Mark Rosenbaum of the American Civil Liberties Union. Yet that is the difficult argument Rosenbaum will make on Tuesday to a court that has grown more skeptical about taking race into account in education since its Michigan decision in 2003.
A victory for Rosenbaum's side would imperil similar voter-approved initiatives that banned affirmative action in education in California and Washington state. A few other states have adopted laws or issued executive orders to bar race-conscious admissions policies. |
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Soldiers in fatal stabbing due in Washington court
Press Release |
2013/10/11 17:21
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There may have been some "trash talk" between a car full of black soldiers and three white soldiers on foot, but race was not the main issue in the weekend stabbing death of a soldier near a large Army base in Washington, police and prosecutors said.
A key piece of evidence was found Monday when searchers located the knife in a wooded area of Tillicum, about 3 miles from Lakewood where the soldier was killed. Both communities are near Joint Base Lewis-McChord.
Three soldiers arrested for investigation of murder where scheduled to make their first court appearance Tuesday in Pierce County Superior Court.
Spc. Tevin Geike, 20, of Summerville, S.C., was walking with two other soldiers early Saturday when words were exchanged with someone in a car. The car stopped and five people confronted the three, police said.
The groups were separating after realizing they were all active duty soldiers when Geike was fatally stabbed.
Police had said a racial motive was under investigation _ and potentially a hate crime. However, both prosecutor Mark Lindquist and Lakewood Police Lt. Chris Lawler said there was no indication that there was racial hatred or that the men were seeking out people of a certain race to attack. |
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PG&E starts pipeline shutdown under court order
Press Release |
2013/10/07 17:15
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Pacific Gas & Electric Co. says it will comply with a judge's order and shut down a natural gas pipeline after safety issues were raised.
The utility said Sunday it believes the pipeline is safe despite an engineer's email questioning the safety of the 83-year-old line's welds. PG&E said it could take until Tuesday to safely shut down the line and seamlessly switch its customers to another line.
A judge ordered the line shut down after San Carlos city officials discovered the email and declared a "state of emergency."
The email said PG&E's records incorrectly show the line containing a newer, more reliable weld than it actually has.
PG&E said state-of-the-art tests show the line is safe and that it was shutting the line only because of the court order.
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Appeals court moves BP forward in settlement dispute
Press Release |
2013/10/04 20:11
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The April 2010 blowout of BP's Macondo well off the Louisiana coast triggered an explosion that killed 11 workers on the Deepwater Horizon drilling rig and led to millions of gallons of oil spilling into the Gulf. Shortly after the disaster, BP agreed to create a $20 billion compensation fund that was administered at first by the Gulf Coast Claims Facility, led by attorney Kenneth Feinberg.
BP argued that Barbier and court-appointed claims administrator Patrick Juneau misinterpreted terms of the settlement. Plaintiffs' lawyers countered that BP undervalued the settlement and underestimated how many claimants would qualify for payments.
In the panel's majority opinion, Judge Edith Brown Clement said BP has consistently argued that the settlement's complex formula for compensating businesses was intended to cover "real economic losses, not artificial losses that appear only from the timing of cash flows."
"The interests of individuals who may be reaping windfall recoveries because of an inappropriate interpretation of the Settlement Agreement and those who could never have recovered in individual suits for failure to show causation are not outweighed by the potential loss to a company and its public shareholders of hundreds of millions of dollars of unrecoverable awards," Clement wrote.
Judge Leslie Southwick wrote a concurring opinion. Judge James Dennis wrote a partial dissent, largely disagreeing with the other two.
"Because BP has not satisfied its heavy burden of showing that a change in circumstances or law warranted the modifications it sought, the district court correctly affirmed the Administrator's decision rejecting BP's argument and actions to modify the agreement," Dennis wrote.
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