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Supreme Court term amid starts in shadow of Kavanaugh
Legal Network | 2018/10/01 10:31
It's the storm before the calm at the Supreme Court. Americans watched Thursday's high court nomination hearing of Judge Brett Kavanaugh with rapt attention. The televised spectacle was filled with disturbing allegations of sexual assault and Kavanaugh's angry, emotional denial.

On Monday, the court will begin its new term with the crack of the marshal's gavel and not a camera in sight. The term's start has been completely overshadowed by the tumult over Kavanaugh's nomination.

Republicans had hoped to have Kavanaugh confirmed in time for the court's first public meeting since late June, an addition that would cement conservative control of the court.

Instead, there are only eight justices on the bench for the second time in three terms, with a breakdown of four conservatives and four liberals. The court was down a member in October 2016, too, following the death of Justice Antonin Scalia. Justice Neil Gorsuch joined the court in April 2017, after all but about a dozen cases had been argued

It's unclear how long the vacancy created by Justice Anthony Kennedy's retirement in July will last. Consideration of Kavanaugh's nomination by the Senate has been delayed while the FBI undertakes an investigation of Christine Blasey Ford's allegation that Kavanaugh sexually assaulted her in 1982.

An empty seat on the bench often forces a push for compromise and leads to a less exciting caseload, mainly to avoid 4-4 splits between conservatives and liberals.

The cases the court has agreed to hear so far this term look nothing like the stream of high-profile disputes over President Donald Trump's travel


Stand-ins to decide who sits on West Virginia Supreme Court
Legal Network | 2018/09/24 10:21
A group of judicial stand-ins representing West Virginia's Supreme Court was hearing challenges Monday to GOP Gov. Jim Justice's appointments of two Republican politicians to replace two departed justices.

Democrats have called the impeachments that imploded the state's highest court an unprecedented power grab by the West Virginia GOP. One of the petitions being heard on Monday says the choice of U.S. Rep. Evan Jenkins and ex-House speaker Tim Armstead violates "the clear will of the voters" who elected Democrats to their spots on the bench.

Justice appointed Jenkins and Armstead — who resigned as speaker of the House of Delegates in anticipation of his move to the court — to serve until a Nov. 6 special election in which both men are candidates.

Also on the November ballot is attorney William Schwartz, whose petition seeks to stop Jenkins and Armstead from temporarily serving on the court. His petition also accuses Jenkins of being ineligible because he hasn't actively practiced law recently. The state constitution requires justices to be admitted to practice law for at least 10 years prior to their election.

Jenkins and Schwartz are seeking to serve the remainder of retired Justice Robin Davis' term through 2024, while Armstead hopes to finish the term of retired Justice Menis Ketchum through 2020. Both Davis and Ketchum were elected as Democrats.

Ketchum resigned before the Republican-led House voted to impeach the remaining four justices. Davis then resigned in time to trigger an election for the remainder of her term. The others await Senate impeachment trials next month, including Allen Loughry, who is suspended, and Margaret Workman and Beth Walker, who recused themselves from hearing these petitions. Temporary Chief Justice Paul T. Farrell then appointed four circuit judges to hear the challenges.

According to Schwartz's petition, Jenkins voluntarily placed his West Virginia law license on inactive status in 2014 after he was elected to the U.S. House. But Jenkins said he's been admitted to practice law in the state for more than three decades. According to the bylaws of the State Bar, an inactive status means members are admitted to practice law but aren't taking clients or providing legal counseling.


Supreme Court upholds hospital 'charity care' tax exemption
Legal Network | 2018/09/23 22:21
The Illinois Supreme Court has upheld a 2012 law that sought to clarify property tax exemptions for charitable hospitals.

The court voted 7-0 in an opinion issued Thursday. It ruled on a law that allows issuing tax exemptions to hospitals when the value of the "charity care" or "free or discounted services" they provide exceed its estimated tax liability.

Constance Oswald argued in her lawsuit that the law requires issuing an exemption regardless of whether the constitutional requirements are met. The court found that the language of the law merely allows allowing an exemption in warranted cases.

Illinois Health and Hospital Association spokesman Danny Chun says the law has cleared up previous confusion and ensured financially stretched hospitals can serve their communities.



The Latest: McConnell says Kavanaugh 'will be' on court soon
Legal Network | 2018/09/23 05:21
Senate Majority Leader Mitch McConnell is telling evangelical activists the Senate will "plow right through" and move to confirm Judge Brett Kavanaugh to the Supreme Court.

McConnell told the annual Values Voter conference Friday "in the very near future, Judge Kavanaugh will be on the United States Supreme Court." He urges the Republican-leaning activists to "keep the faith" and predicts senators will do their jobs.

McConnell's predictions come as California college professor Christine Blasey (BLAH'-zee) Ford accuses Kavanaugh of sexual assault more than 30 years ago when they were teenagers. Kavanaugh has denied the allegations.

Negotiations have been ongoing on whether Ford will testify next week before the Senate Judiciary Committee. President Donald Trump is challenging by name the woman accusing his Supreme Court nominee of sexual assault, saying if the attack she alleges were that "bad" then she would have filed charges.

Trump tweeted Friday: "I have no doubt that, if the attack on Dr. Ford was as bad as she says, charges would have been immediately filed with local Law Enforcement Authorities by either her or her loving parents. I ask that she bring those filings forward so that we can learn date, time, and place!"

The president previously had avoided naming California college professor Christine Blasey (BLAH'-zee) Ford or casting doubt on her account. Ford alleges Kavanaugh sexually assaulted her more than 30 years ago when they were teenagers. Kavanaugh has denied the allegations.




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