4/17/2021

Judge: Boston exam schools admissions policy ‘race-neutral’

A federal judge has upheld a temporary admissions policy at Boston’s elite exam high schools, ruling against a parents group that said in a lawsuit it discriminated against white students and those of Asian descent. “This court finds and rules that the plan is race-neutral, and that neither the factors used nor the goal of greater diversity qualify as a racial classification,” U.S. District Judge William Young in Boston wrote in the ruling released Thursday night. The ruling applies only to the current exam cycle. The Boston School Committee last fall temporarily dropped the entrance exam for Boston Latin School, Boston Latin Academy and the O’Bryant School of Math and Science because it was not safe to hold exams in-person during the pandemic. Instead, the committee used student performance and ZIP code to weigh admission. A group called the Boston Parent Coalition for Academic Excellence, filed a lawsuit in February on behalf of 14 white and Asian applicants in which it called the new policy “wholly irrational.” William Hurd, an attorney for the coalition, said there will be an appeal. “We respectfully disagree with the court’s decision,” Hurd said in a statement. The Boston Public Schools in a statement said its goal has always been to “ensure a safe, fair, and equitable exam school admissions process.”

4/15/2021

Alaska denied oil check benefits to gay couples, dependents

Alaska discriminated against some same-sex spouses for years in wrongfully denying them benefits by claiming their unions were not recognized even after courts struck down same-sex marriage bans, court documents obtained by The Associated Press show. The agency that determines eligibility for the yearly oil wealth check paid to nearly all Alaska residents denied a dividend for same-sex spouses or dependents of military members stationed in other states for five years after a federal court invalidated Alaska’s ban on same-sex marriage in 2014, and the Supreme Court legalized the unions nationwide in June 2015, the documents show. In one email from July 2019, a same-sex spouse living out-of-state with his military husband was denied a check because “unfortunately the state of Alaska doesn’t recognize same sex marriage yet,” employee Marissa Requa wrote to a colleague, ending the sentence with a frown face emoji. This Permanent Fund Dividend Division practice continued until Denali Smith, who was denied benefits appealed and asked the state to start including her lawyer in its correspondence. Smith later sued the state, seeking an order declaring that state officials violated the federal court decision and Smith’s constitutional rights to equal protection and due process Smith and the state on Wednesday settled the lawsuit. Alaska admitted denying benefits to same-sex military spouses and dependents for five years in violation of the permanent injunction put in place by the 2014 U.S. District Court decision. The state also vowed to no longer use the outdated state law, to deny military spouses and dependents oil checks going forward, and updated enforcement regulations. There were no financial terms to the settlement. In fact, Smith had to pay $400 out of pocket to file the federal lawsuit to get her oil check, and her attorney worked pro bono. In Alaska, the oil wealth check is seen as an entitlement that people use to buy things like new TVs or snowmobiles, fund college savings accounts or, in rural Alaska, weather high heating and food costs. The nest-egg fund, seeded with oil money, has grown into billions of dollars. A portion traditionally goes toward the checks, but the amount varies. Last year, nearly every single resident received $992. The year before, the amount was $1,606. About 800 pages of emails provided by the state for the lawsuit show a clear misunderstanding or outright disregard of the 2014 precedent and reluctance to reach out to the attorney general’s office for guidance.

4/05/2021

High court nixes Alex Jones’ appeal in Newtown shooting case

The U.S. Supreme Court on Monday declined to hear an appeal by Infowars host and conspiracy theorist Alex Jones, who was fighting a Connecticut court sanction in a defamation lawsuit brought by relatives of some of the victims of the Sandy Hook Elementary School shooting. Jones was penalized in 2019 by a trial court judge for an angry outburst on his web show against an attorney for the relatives and for violating numerous orders to turn over documents to the families’ lawyers. Judge Barbara Bellis barred Jones from filing a motion to dismiss the case, which remains pending, and said she would order Jones to pay some of the families’ legal fees. Jones argued he should not have been sanctioned for exercising his free speech rights. The Connecticut Supreme Court upheld Bellis’ ruling last year. The families and an FBI agent who responded to the shooting, which left 20 first-graders and six educators dead, are suing Jones and his show over claims that the massacre was a hoax. The families said they have been subjected to harassment and death threats from Jones’ followers because of the hoax conspiracy. Jones, whose show is based in Austin, Texas, has since said he believes the shooting occurred. The U.S. Supreme Court turned down Jones’ request to hear his appeal without comment. Jones’ attorney, Norman Pattis, called the court’s decision “a disappointment.” “Judge Bellis, and the Connecticut Supreme Court, asserted frightening and standardless power over the extrajudicial statements of litigants,” Pattis said in an email to The Associated Press. “Mr. Jones never threatened anyone; had he done so, he would have been charged with a crime. We are inching our way case-by-case toward a toothless, politically correct, First Amendment.” Joshua Koskoff, a lawyer for the Sandy Hook families, said Jones deserved to be sanctioned for his threatening comments on his show. “The families are eager to resume their case and to hold Mr. Jones and his financial network accountable for their actions,” Koskoff said in a statement. “From the beginning, our goal has been to prevent future victims of mass shootings from being preyed on by opportunists.” The sanction came after Jones, on Infowars in 2019, accused an attorney for the families, Christopher Mattei, of planting child pornography that was found in email metadata files that Jones turned over to the Sandy Hook families’ lawyers. Pattis has said the pornography was in emails sent to Jones that were never opened.

3/23/2021

Philippine Supreme Court slams killings of lawyers, judges

The Philippine Supreme Court on Tuesday condemned the alarming number of killings and threats against lawyers and judges. One legal group has said these attacks are considerably higher under President Rodrigo Duterte compared to the past 50 years under six former presidents. The 15-member high court asked lower courts, law enforcement agencies and lawyers and judges’ groups to provide information about such attacks in the last 10 years, in order for the court to take preemptive steps. The attacks, it said, endanger the rule of law in an Asian bastion of democracy. “To threaten our judges and our lawyers is no less than an assault on the judiciary. To assault the judiciary is to shake the very bedrock on which the rule of law stands,” the high court said in a rare, strongly-worded censure of the attacks. “This cannot be allowed in a civilized society like ours.” The court said it would not “tolerate such acts that only perverse justice, defeat the rule of law, undermine the most basic of constitutional principles and speculate on the worth of human lives.” The Free Legal Assistance Group, a prominent group of lawyers, said at least 61 lawyers have been killed in the five years of Duterte’s presidency compared to at least 25 lawyers and judges slain under six presidents since 1972, when dictator Ferdinand Marcos placed the Philippines under martial law. Lawyers’ groups said the court’s denunciation was long overdue but nevertheless welcomed it. “We have been sounding out the clarion call and providing information and concrete recommendations for the longest time,” said lawyer Edre Olalia, who heads the left-wing National Union of People’s Lawyers. A number of lawyers who represented suspected drug dealers or were linked to the illegal drug trade were among those gunned down under Duterte’s rule. When he took office in mid-2016, Duterte launched a massive anti-drug crackdown that has left more than 6,000 mostly petty suspects dead and alarmed Western governments and human rights groups.

3/15/2021

Colorado court: Speed-reading bills violates constitution

The Colorado Supreme Court has ruled that state Senate Democrats violated the constitution in 2019 when they responded to Republicans’ request that bills be read at length by having computers speed-read the bills in an intelligible garble. The Colorado Sun reports that in a 4-3 ruling released Monday, the court ruled the speed-reading tactic violated the constitution’s mandate that legislation be read at length upon request. “There are unquestionably different ways by which the legislature may comply with the reading requirement,” Justice Carlos Samour Jr. wrote in the majority opinion. “But the cacophony generated by the computers here isn’t one of them.” Minority Senate Republicans were trying to delay Democrats’ attempts to overhaul oil and gas regulations by asking that bills be read aloud ? including a 2,000-page measure. When Democrats resorted to computers, Republicans sued. A lower court found for the minority party. In a dissenting opinion, Justice Monica M. Marquez wrote that the court should give direction on how legislation ought to be read in the future. In 2019, Democrats began negotiating with Republicans to avoid further stalling tactics ? and the GOP has since slowed down work on other occasions to force Democrats to make deals.

3/03/2021

Mississippi told to pay $500K to wrongfully imprisoned man

A judge is ordering the state of Mississippi to pay $500,000 to a Black man who was wrongfully imprisoned more than 22 years and was tried six times in a quadruple murder case. Curtis Flowers was released from prison in December 2019, months after the U.S. Supreme Court ruled that a district attorney had excluded Black jurors from his trials. Flowers had spent years on death row. Mississippi Attorney General Lynn Fitch said in September that she would not try Flowers a seventh time in the 1996 slayings and a robbery that took place at a furniture store in Winona. He had been in custody since 1997. In November, Flowers sued the state seeking compensation for wrongful imprisonment. Court papers show the attorney general’s office agreed to his request. Montgomery County Circuit Judge George Mitchell on Tuesday ordered the state to pay Flowers $500,000. That is the maximum allowed under a 2009 state law, which says the state can pay $50,000 for each year of wrongful imprisonment, for a up to 10 years. Mitchell also ordered the state to make a separate payment of $50,000 to Flowers’s attorneys. Flowers was convicted four times: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials. Each of Flowers’s convictions was overturned. In June 2019, the U.S. Supreme Court tossed out the conviction and death sentence from Flowers’s sixth trial, which took place in 2010. Justices said prosecutors’ pattern of excluding Black jurors from his trials was unconstitutional. The Supreme Court ruling came after American Public Media’s “In the Dark” investigated the case. The podcast recorded jailhouse informant Odell Hallmon in 2017 and 2018 recanting his testimony that Flowers had confessed to him. The first six trials were prosecuted by the local district attorney. Flowers was still facing the 1997 indictments in December 2019 when a judge agreed to release him on bond. The district attorney handed the case to the attorney general, and her staff spent months reviewing it before deciding not to go forward because of a lack of credible witnesses.

Supreme Court likely to uphold Arizona voting restrictions

The Supreme Court appeared ready Tuesday to uphold voting restrictions in Arizona in a key case that could make it harder to challenge a raft of other voting measures Republicans have proposed following last year’s elections. All six conservative justices, appointed by Republican presidents, suggested they would throw out an appellate ruling that struck down the restrictions as racially discriminatory under the landmark Voting Rights Act. The three liberal members of the courts, appointed by Democrats, were more sympathetic to the challengers. Less clear is what standard the court might set for how to prove discrimination under the law, first enacted in 1965. The outcome could make it harder, if not impossible, to use the Voting Rights Act to sue over measures making their way through dozens of Republican-controlled state legislatures that would make it more difficult to vote. Civil rights group and Democrats, argue that the proposed restrictions would disproportionately affect minority voters, important Democratic constituencies. Democrats in Congress, meanwhile, have proposed national legislation that would remove obstacles to voting erected in the name of election security.