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High court to decide whether Nazi art case stays in US court
Court Issues |
2020/12/06 03:43
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Jed Leiber was an adult before he learned that his family was once part-owner of a collection of centuries-old religious artworks now said to be worth at least $250 million.
Over a steak dinner at a New York City restaurant in the 1990s he had asked his mother about his grandfather, a prominent art dealer who fled Germany after Adolf Hitler came to power. “What was grandpa most proud of in his business?” he asked.
“He was very, very proud to have acquired the Guelph Treasure, and then was forced to sell it to the Nazis,” she told him. That conversation set Leiber, of West Hollywood, California, on a decadeslong mission to reclaim some 40 pieces of the Guelph Treasure on display in a Berlin museum. It’s a pursuit that has now landed him at the Supreme Court, in a case to be argued Monday.
For centuries, the collection, called the Welfenschatz in German, was owned by German royalty. It includes elaborate containers used to store Christian relics; small, intricate altars and ornate crosses. Many are silver or gold and decorated with gems.
In 2015, Leiber’s quest for the collection led to a lawsuit against Germany and the the Prussian Cultural Heritage Foundation. The state-run foundation owns the collection and runs Berlin’s Museum of Decorative Arts, where the collection is housed. Germany and the foundation asked the trial-level court to dismiss the suit, but the court declined. An appeals court also kept the suit alive.
Now, the Supreme Court, which has been hearing arguments by telephone because of the coronavirus pandemic, will weigh in. A separate case involving Hungarian Holocaust victims is being heard the same day.
At this point, the Guelph Treasure case is not about whether Leiber’s grandfather and the two other Frankfurt art dealer firms that joined to purchase the collection in 1929 were forced to sell it, a claim Germany and the foundation dispute. It’s just about whether Leiber and two other heirs of those dealers, New Mexico resident Alan Philipp and London resident Gerald Stiebel, can continue seeking the objects’ return in U.S. courts.
In a statement, Hermann Parzinger, president of the Prussian Cultural Heritage Foundation, argued that the suit should be dismissed. The foundation and Germany have the Trump administration’s support. |
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Judge Calls Trump Request in Wisconsin Lawsuit 'Bizarre'
Court Watch |
2020/12/05 20:39
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A judge hearing President Donald Trump's federal lawsuit seeking to overturn Democrat Joe Biden's win in Wisconsin said Friday that the president's request to “remand” the case to the GOP-controlled Legislature to pick new electors was “bizarre.”
The federal case is one of two Trump has in Wisconsin making similar arguments. He filed another one in state court, which the Wisconsin Supreme Court on Thursday refused to hear before it first goes through lower courts.
Hearings on both lawsuits were scheduled for Thursday, with the judges noting the importance of resolving the legal battles before the Electoral College meets on Dec. 14. Trump, who argues that hundreds of thousands of absentee ballots cast in accordance with state guidelines were illegal, wants a federal judge to give the Republican-controlled Legislature the power to determine who won the election.
“It’s a request for pretty remarkable declaratory relief," said U.S. District Judge Brett Ludwig during a conference call to set deadlines and a hearing date. Ludwig, who said it was “an unusual case, obviously,” also cast doubt on whether a federal court should be considering it at all.
“I have a very, very hard time seeing how this is justiciable in the federal court,” Ludwig, a Trump appointee, said. “The request to remand this case to the Legislature almost strikes me as bizarre.”
The judge questioned why Trump wasn't going directly to the Legislature if he wants lawmakers to get involved with naming electors. Bill Bock, the Trump campaign attorney in the federal lawsuit, said Trump needed the court to rule that the election was “invalid" so the Legislature could get involved. He also said that the term “remand,” which is typically used to describe when one court sends a case to a lower court, was “inartful.”
Republican Assembly Majority Leader Jim Steineke cast serious doubt in the week on whether the Legislature might change the state's electors from Biden to Trump backers. Steineke tweeted a clip of actor Dana Carvey playing President George H.W. Bush saying, “Not gonna do it.”
In his state lawsuit, Trump is seeking to disqualify 221,000 ballots he claims were cast illegally. Judge Stephen Simanek, who is hearing that case after the Wisconsin Supreme Court refused to take it initially, said Friday he would rule from the bench following next week's hearing that's scheduled to start hours after the one in federal court.
The high court also declined Friday to hear a lawsuit brought by Wisconsin Voters Alliance over Trump's loss. Two others filed by Trump allies — one in federal court and one in state court — remain. Trump has lost multiple lawsuits in other battleground states as part of a longshot effort to overturn Biden's victory. Even if he were to prevail in Wisconsin, the state's 10 Electoral College votes would not be enough to hand him reelection. |
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Wisconsin high court declines to hear Trump election lawsuit
Legal Network |
2020/12/04 03:44
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A divided Wisconsin Supreme Court on Thursday refused to hear President Donald Trump’s lawsuit attempting to overturn his loss to Democrat Joe Biden in the battleground state, sidestepping a decision on the merits of the claims and instead ruling that the case must first wind its way through lower courts.
In another blow to Trump, two dissenting conservative justices questioned whether disqualifying more than 221,000 ballots as Trump wanted would be the proper remedy to the errors he alleged.
The defeat on a 4-3 ruling was the latest in a string of losses for Trump’s post-election lawsuits. Judges in multiple battleground states have rejected his claims of fraud or irregularities.
Trump asked the Wisconsin Supreme Court to disqualify more than 221,000 ballots in the state’s two biggest Democratic counties, alleging irregularities in the way absentee ballots were administered. His lawsuit echoed claims that were earlier rejected by election officials in those counties during a recount that barely affected Biden’s winning margin of about 20,700 votes.
Trump's attorney Jim Troupis said he would immediately file the case in circuit court and expected to be back before the Supreme Court “very soon.”
“It was clear from their writings that the court recognizes the seriousness of these issues, and we look forward to taking the next step,” he said in a statement. Trump’s team made the filing late Thursday evening.
In asking the conservative-controlled Wisconsin Supreme Court to take the case directly, Trump had argued that there wasn’t enough time to wage the legal battle by starting with a lower court, given the looming Dec. 14 date when presidential electors cast their votes.
Swing Justice Brian Hagedorn joined three liberal justices in denying the petition without weighing in on Trump’s allegations. Hagedorn said the law was clear that Trump must start his lawsuit in lower courts where factual disputes can be worked out.
“We do well as a judicial body to abide by time-tested judicial norms, even and maybe especially ? in high profile cases,” Hagedorn wrote. “Following this law is not disregarding our duty, as some of my colleagues suggest. It is following the law.”
Trump filed a similar lawsuit in federal court on Wednesday. Chief Justice Patience Roggensack, in a dissent where she was joined by Justice Annette Ziegler, said she would have taken the case and referred it to lower courts for factual findings, which could then be reported back to the Supreme Court for a ruling.
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Pennsylvania high court rejects lawsuit challenging election
Court Issues |
2020/11/29 22:30
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Pennsylvania’s highest court on Saturday night threw out a lower court’s order preventing the state from certifying dozens of contests on its Nov. 3 election ballot in the latest lawsuit filed by Republicans attempting to thwart President-elect Joe Biden’s victory in the battleground state.
The state Supreme Court, in a unanimous decision, threw out the three-day-old order, saying the underlying lawsuit was filed months after the expiration of a time limit in Pennsylvania’s expansive year-old mail-in voting law allowing for challenges to it.
Justices also remarked on the lawsuit’s staggering demand that an entire election be overturned retroactively. “They have failed to allege that even a single mail-in ballot was fraudulently cast or counted,” Justice David Wecht wrote in a concurring opinion.
The state’s attorney general, Democrat Josh Shapiro, called the court’s decision “another win for Democracy.”
President Donald Trump and his lawyer, Rudy Giuliani, meanwhile, have repeatedly and baselessly claimed that Democrats falsified mail-in ballots to steal the election from Trump. Biden beat Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016.
The week-old lawsuit, led by Republican U.S. Rep. Mike Kelly of northwestern Pennsylvania, had challenged the state’s mail-in voting law as unconstitutional.
As a remedy, Kelly and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law — most of them by Democrats — or to wipe out the election results and direct the state’s Republican-controlled Legislature to pick Pennsylvania’s presidential electors.
In any case, that request — for the state’s lawmakers to pick Pennsylvania’s presidential electors — flies in the face of a nearly century-old state law that already grants the power to pick electors to the state’s popular vote, Wecht wrote.
While the high court’s two Republicans joined the five Democrats in opposing those remedies, they split from Democrats in suggesting that the lawsuit’s underlying claims — that the state’s mail-in voting law might violate the constitution — are worth considering.
Commonwealth Court Judge Patricia McCullough, elected as a Republican in 2009, had issued the order Wednesday to halt certification of any remaining contests, including apparently contests for Congress.
It did not appear to affect the presidential contest since a day earlier, Gov. Tom Wolf, a Democrat, had certified Biden as the winner of the presidential election in Pennsylvania.
Wolf quickly appealed McCullough’s decision to the state Supreme Court, saying there was no “conceivable justification” for it.
The lawsuit’s dismissal comes after Republicans have lost a flurry of legal challenges brought by the Trump campaign and its GOP allies filed in state and federal courts in Pennsylvania. |
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