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Connecticut Governor Will Get His 6th Supreme Court Pick
Legal Opinions | 2017/11/04 07:52
When Gov. Dannel P. Malloy makes his pick for the next Connecticut chief justice, the Democrat will have nominated six of the seven people serving on the state's highest court — a rare feat in the history of the governorship.

Lawyers and other legal affairs observers say the court is rarely partisan, focusing mostly on interpretations of state law that often result in 7-0 rulings.

Occasionally, though, a case comes along that exposes an ideological rift, as it did in a 4-3 ruling that abolished the state's death penalty in 2015 when the majority and minority criticized each other in dueling opinions. Two cases currently before the court may also expose such a rift — a lawsuit against gunmaker Remington Arms in connection with the 2012 Newtown school massacre and a lawsuit challenging the way the state funds local education.

"They're not as controversial as you see at the federal level," said Proloy Das, a Hartford-based lawyer who chairs the appellate practice group at the Murtha Cullina law firm. "Our values aren't all that different across the state."

Das and other observers say the biggest impact of the Malloy nominations may be increased diversity on the court.

Malloy-nominated Justices Richard Robinson and Raheem Mullins are black. Newly appointed Justice Maria Araujo Kahn is one of two full-time female justices, joining soon-to-be-retiring Chief Justice Chase Rogers, who was nominated by Republican former Gov. M. Jodi Rell. And Justice Andrew McDonald, also picked by Malloy, is the court's first openly gay member.


Washington Supreme Court to hear education funding case
Legal Opinions | 2017/10/23 01:29
The Washington state Supreme Court is set to hear argument on whether the state has met its constitutional requirement to fully fund K-12 education.

Tuesday morning's hearing is on whether the state should still be held in contempt for lack of progress on satisfying a 2012 ruling that found that school funding was not adequate. Lawmakers needed a funded plan in place this year ahead of a Sept. 1, 2018 deadline the court had set.

The plan approved and signed by Gov. Jay Inslee earlier this year relies largely on an increase to the statewide property tax that starts next year. The tax increases from $1.89 to $2.70 per $1,000 of assessed value, with the increase earmarked for education. The plan — which keeps in place local property tax levies but caps them beginning in 2019 at a lower level— will ultimately raise property taxes for some districts and lower them in others.


Immigrant teen seeking abortion asks court to reconsider
Legal Opinions | 2017/10/22 01:30
Attorneys for a pregnant teen being held in a Texas immigration facility are asking a federal appeals court to reconsider its decision not to order the government to let her obtain an abortion.

Lawyers for the 17-year-old on Sunday asked the U.S. Court of Appeals for the District of Columbia to hold another hearing before all the judges on the court.

A three-judge panel ruled against the teen Friday, giving the government until Oct. 31 to find a sponsor to take in the teen so she could get an abortion on her own.

Her lawyers have accused federal officials of unlawfully restricting the teen's rights. But the U.S. Department of Health and Human Services says it has a policy of "refusing to facilitate" abortions for minors in its care.


FBI Searched Ex-Oklahoma Senator's Office for Porn
Legal Opinions | 2017/09/17 02:09
Court records show the FBI searched the Capitol office of a former Oklahoma senator in March because a campaign aide allegedly saw child pornography on his computer.

Republican Sen. Ralph Shortey resigned in March after being arrested when police in the Oklahoma City suburb of Moore found him in a motel room with a 17-year-old boy he had allegedly hired for sex.

The Oklahoman reports that the FBI seized a CD-ROM and an SD card from Shortey's office the day after his resignation. The newly released court records show that someone contacted Moore police about the alleged pornography after seeing news about Shortey's arrest.

Shortey faces three child pornography counts and one child sex trafficking count. He's pleaded not guilty.


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