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Appeals court strikes health insurance requirement
Legal Network |
2011/08/13 16:30
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A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.
The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, siding with 26 states that had sued to block the law. But the panel didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.
The states and other critics argued the law violates people's rights, while the Justice Department countered that the legislative branch was exercising a "quintessential" power.
The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that "the individual mandate contained in the Act exceeds Congress's enumerated commerce power."
"What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die," the opinion said. |
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New hearings sought in Chicago police torture case
Legal Network |
2011/08/10 16:00
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Fifteen incarcerated men who claim they were sent to prison by confessions that were beaten, burned and tortured out of them by convicted Chicago police Lt. Jon Burge and his officers are getting some high-profile help — including from a former Illinois governor.
In a friend-of-the-court brief to be filed Wednesday with the Illinois Supreme Court, ex-Gov. Jim Thompson and more than 60 current and former prosecutors, judges and lawmakers are asking for new evidentiary hearings for inmates who say their convictions were based on coerced confessions.
The brief marks the first effort on behalf of alleged Burge victims as a group and not separate individual cases, attorneys said.
Burge's name has become synonymous with police abuse in the nation's third-largest city, and more than 100 men — most of them African-American and Latino— have alleged Burge and his men tortured them from the 1970s to the 1990s.
Burge was convicted last year of lying about whether he ever witnessed or participated in the torture of suspects. He's serving a 4 1/2-year sentence at Butner Federal Correctional Complex in North Carolina.
Burge never has faced criminal charges for abuse. He was fired from the police department in 1993 over the 1982 beating and burning of Andrew Wilson, a suspect later convicted of killing two police officers. |
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No class-action for suits over Calif. fish kill
Legal Network |
2011/08/09 16:28
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An appeals court has rejected class-action status for a lawsuit prompted by efforts to kill off an invasive fish in Northern California.
The Sacramento Bee says the 3rd District Court of Appeal ruled last week that people suing the state had too little in common to comprise a single class and must sue individually.
In 2007, the state Fish and Game Department dumped thousands of gallons of poison into Lake Davis in Plumas County to kill the voracious northern pike. The lake was closed for several months.
The city of Portola and a number of businesses and property owners sued in 2009, arguing that the action caused a decline in tourism that hurt their income, property values and tax receipts. |
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Once-exonerated Conn. man ordered back to prison
Legal Network |
2011/08/09 16:28
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A month after the Connecticut Supreme Court reinstated murder convictions against two men who had been exonerated, a judge on Monday ordered one of them back to prison but allowed the other to remain free while fighting cancer.
George Gould was sent back to prison while Ronald Taylor, whose lawyer says he has terminal colon cancer, was allowed to remain out on bail. Both men await a new appeal trial connected to their murder convictions in the 1993 fatal shooting of New Haven grocery shop owner Eugenio Deleon Vega.
Gould and Taylor were both sentenced to 80 years in prison for the killing. They filed habeas corpus appeals, challenges to imprisonment that typically come after other appeals fail.
They were freed in April 2010 after 16 years behind bars when Superior Court Judge Stanley Fuger ruled they were victims of "manifest injustice" and declared them "actually innocent." Fuger's ruling came after a key prosecution witness recanted her trial testimony. He ordered both men released.
Prosecutors appealed to the state Supreme Court, which issued a unanimous decision last month saying that Fuger was wrong to overturn the convictions because Gould and Taylor hadn't proven their innocence. The high court ordered a new habeas corpus trial for the two men. |
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