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Iowa woman promoted to nation's lone all-male Supreme Court
Blog News | 2018/08/04 23:33
Republican Gov. Kim Reynolds on Wednesday promoted a female district judge to the Supreme Court in Iowa, the only state where all of its current justices are men.

Susan Christensen will be the first woman on Iowa's high court in roughly eight years. The appointment doesn't require confirmation by lawmakers for Christensen to take the bench.

During brief remarks from her formal office at the state Capitol, Reynolds praised Christensen's background, which most recently includes being a district court judge in the Fourth Judicial District in southwest Iowa. She previously worked as an assistant county attorney and a district associate judge.

Reynolds prefaced Christensen's announcement by saying that Iowans need "judges who understand the proper role of the courts within our government. Judges who will apply the law, and not make it."

The last woman to serve on the Iowa Supreme Court was Chief Justice Marsha Ternus, who lost her retention election in 2010. Ternus was part of a unanimous decision in 2009 that effectively legalized same-sex marriage in the state. Groups opposing same-sex marriage then led a successful campaign to get Ternus and two other justices voted out of the court.



High court gives mixed verdict on Burgum-Legislature spat
Blog News | 2018/08/02 23:33
North Dakota's Supreme Court on Monday rejected several of Gov. Doug Burgum's vetoes but sided with the governor in other portions of a dispute with the Legislature that revolved around overreach on both sides.

The high court ruled that Burgum was out of line in four out of five line-item vetoes that the Legislature had challenged. In the vetoes — which included appropriations for the State Water Commission and for information technology spending, among others — the Supreme Court said Burgum had gone too far with vetoes that would have changed legislators' intent.

The Supreme Court sided with Burgum's challenge that lawmakers had improperly delegated authority to a subset of legislators — known as the Budget Section — for how some $299 million for the Water Commission could be shifted among several identified needs.

Burgum made the same successful argument for the Legislature's attempt to have the budget section direct where half of $3.6 million appropriated for information technology would be spent.

"Convenience is no substitute for the mandatory legislative process," Judge Jerod Tufte wrote. He said the Legislature encroached on the executive branch by giving a committee of its members the power to administer appropriations.

Burgum had earlier conceded most of the vetoes would fail. He said in a statement late Monday he was pleased with the court's ruling.


Abortion rights supporters decry court ruling
Blog News | 2018/06/29 00:09
Abortion-rights supporters say the Supreme Court "turned its back on women" by striking down a California law requiring anti-abortion crisis pregnancy centers to provide information about abortion services.

NARAL Pro-Choice America calls the pregnancy centers "fake women's health centers" because they do not provide details about a full range of services. Critics of the centers say they prey on low-income women.

The group says the court's decision is a step toward dismantling abortion rights. Planned Parenthood Affiliates of California is urging the state attorney general and law enforcement officials to "protect the rights of patients from deceptive practices."

Supporters of the court's decision call it a win for free speech and say the law unfairly required the centers to promote abortion.
Abortion-rights supporters say the Supreme Court "turned its back on women" by striking down a California law requiring anti-abortion crisis pregnancy centers to provide information about abortion services.

NARAL Pro-Choice America calls the pregnancy centers "fake women's health centers" because they do not provide details about a full range of services. Critics of the centers say they prey on low-income women.

The group says the court's decision is a step toward dismantling abortion rights. Planned Parenthood Affiliates of California is urging the state attorney general and law enforcement officials to "protect the rights of patients from deceptive practices."

Supporters of the court's decision call it a win for free speech and say the law unfairly required the centers to promote abortion.
Assemblyman David Chiu, the bill's author, says the court decision shows reproductive rights are more vulnerable than ever.

The National Institute of Family and Life Advocates, which brought the lawsuit, is cheering the court for overturning what it called a "coercive law" forcing the centers to provide "free advertising for tax-funded abortions." Abortion rights groups estimate more than 4,000 such pregnancy centers are operating around the nation.


Seals can keep using San Diego children's beach, court says
Blog News | 2018/06/09 04:06
A California appeals court has upheld a San Diego city ordinance that closes a picturesque children's beach for nearly half the year so that seals may give birth, nurse and wean their pups.

In a decision filed Thursday, the 4th District Court of Appeal reversed a lower court ruling that set aside the ordinance governing Children's Pool Beach in La Jolla, an affluent seaside community in San Diego.

Thursday's ruling will allow for the beach to continue to be closed between Dec. 15 and May 15 every year. Violators face misdemeanor penalties of up to $1,000 in fines or six months in jail.

The Children's Pool is an artificial cove that was used as a swimming hole for youngsters until seals began moving in during the 1990s — spurring a yearslong feud between supporters of the animals and those who want beach access.

In 2014, the City Council approved closing the beach for part of the year after concluding that other efforts to protect the seals during their breeding season haven't worked. The California Coastal Commission issued a permit allowing that action.

Visitors to the area often walk up to the seals, pose for selfies with them and mimic the barking noise they make. When they're disturbed, seals can abandon their pups, give birth prematurely or miscarry, or become frightened and accidentally stampede babies. They've also nipped at humans.

The group Friends of the Children's Pool sued San Diego and the coastal commission, arguing that the Marine Mammal Protection Act and California Coastal Act give the federal government jurisdiction over marine mammals, not local governments. The group won a trial court ruling in the matter.

The appeals court rejected the group's argument and the lower court's ruling, saying nothing in the protection act pre-empts a state's ability to regulate access to its own property.



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