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Legal news from Saturday, August 20, 2011 |
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Nebraska AG predicts state campaign finance laws to be overturned if challenged
Daniel Makosky on August 20, 2011 6:28 PM ET

[JURIST] Nebraska Attorney General Jon Bruning [official website] on Wednesday issued an advisory opinion [text, PDF] drawing marked parallels between the state's campaign finance laws and portions of similar Arizona regulations that were recently overturned [JURIST report] by the US Supreme Court [official website]. Under Nebraska law, candidates for certain public offices may voluntarily accept additional oversight in exchange for public financing [Neb Rev Stat § 1604], the levels of which may vary depending on the expenditures of privately-financed opponents. Additionally, no candidates may accept contributions from certain independent entities, including corporations, unions and professional organizations, that in aggregate total more than 50 percent of defined spending limitations [Neb Rev Stat § 1608]. Bruning's opinion predicts that, in light of the recent Arizona decision, these provisions would be overturned if evaluated by the Supreme Court on a strict scrutiny basis for failing to demonstrate a sufficiently overriding state interest. The Nebraska Accountability and Disclosure Commission [official website] is scheduled to meet next week to consider the opinion and potential remedies [AP report] that may be implemented prior to the upcoming election cycle.
In June, the Supreme Court ruled [opinion, PDF] in Arizona Free Enterprise Club's Freedom Club PAC v. Bennett [Cornell LII backgrounder] that an Arizona campaign finance regulation that provided publicly financed candidates with additional government subsidies, triggered by independent expenditure groups' speech against such candidates or by the candidates' privately financed opponents, violates the First Amendment [text]. The court held 5-4 that such a system substantially burdens political speech and is not sufficiently justified by a compelling state interest to satisfy the First Amendment. Counsel for the respondent argued that "public funding of elections results in more speech and more electoral competition" and furthers a governmental interest of staving off "real and apparent corruption in politics."


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Federal judge blocks North Carolina Planned Parenthood defunding law
Daniel Makosky on August 20, 2011 4:16 PM ET

[JURIST] A judge for the US District Court for the Middle District of North Carolina [official website] on Friday issued a preliminary injunction against a provision in North Carolina's budget that denies state and federal funding to Planned Parenthood [advocacy website] for family planning and teen sex education services. The order provides temporary relief until a lawsuit, filed last month by Planned Parenthood of Central North Carolina (PPCNC) [advocacy website], seeking to overturn the restriction [JURIST report] can be heard. Judge James Beaty, Jr. cited the legislative history [AP report] behind the state's budget [text, PDF; materials], passed over the veto of Governor Beverly Perdue [official website], in ruling that section 10.19 was included in the bill as a politically-motivated effort to improperly penalize the organization. Janet Colm, president of PPCNC, described [press release] the decision as, "a strong ruling that Planned Parenthood is likely to prevail on all of our arguments and that an injunction is needed to ensure that uninsured and low-income women, men, and teens of North Carolina continue to have access to basic health care and education." PPCNC said that over the last fiscal year, it provided health family planning and reproductive health exams for nearly 7,000 women, as well as providing almost 8,300 tests for sexually transmitted diseases.
Several states have made efforts similar to North Carolina's attempt to cut funding for abortion [JURIST news archive] services. The state of Kansas filed [JURIST report] an appeal earlier this month seeking to overturn a federal judge's ruling that blocks a state law preventing Planned Parenthood of Kansas and Mid-Missouri (PPKM) [advocacy website] from receiving federal funding. The same week, the American Center for Law and Justice (ACLJ) [advocacy website] filed [JURIST report] an amicus curiae brief seeking to uphold an Indiana state law that would block Medicaid funding for Planned Parenthood of Indiana (PPIN) [advocacy website] and other organizations providing abortion services. In June, Perdue also vetoed [JURIST report] a North Carolina bill that would have required women seeking an abortion to wait 24 hours and to view an ultrasound of the fetus before an abortion. Perdue called the measure "a dangerous intrusion into the confidential relationship that exists between women and their doctors." The legislature later overrode her veto [JURIST report]


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Scotland defends release of Lockerbie bomber
Jennie Ryan on August 20, 2011 12:06 PM ET

[JURIST] Scottish officials on Saturday defended the decision to release convicted Lockerbie bomber Abdelbaset Ali Mohmed Al Megrahi [BBC profile] on compassionate grounds after he was diagnosed with cancer, even though he is still alive two years later. Scottish First Minister Alex Salmond [official profile] said al Megrahi was released on compassionate grounds alone and "[w]hether people support or oppose the decision, it was made following the due process of Scots law, we stand by it, and al Megrahi is dying of terminal prostate cancer." Al Megrahi was convicted of murdering 270 people in 2001 after blowing up Pan Am Flight 103 [BBC backgrounder] over the Scottish town of Lockerbie in 1988. The defense of al Megrahi's release drew the ire of opposition Scottish Labour Party [official website] leader Iain Gray who called for Salmond to apologize to the families of victims [Scottish Labour Party report]. Gray stated it is an "insult to the victims that he refuses still to publish all the medical evidence the release was based on. If the decision was made for humanitarian reasons, he should do the humane thing and apologise for the pain caused to the relatives."
Last August, Scottish Labour Party officials called for the publication of all medical evidence related to the release [JURIST report] of al-Megrahi. The demand came one year after al Megrahi was released [JURIST report] from prison on compassionate grounds because doctors predicted he only had three months to live. Despite the publication of a report leading to the decision, the Labour party said that all medical opinions leading to the decision and the names of the doctors who authored them should also be released [BBC report]. Responding to criticism of his decision to release al Megrahi, Scottish Justice Secretary Kenny MacAskill [official website] claimed he acted in good faith when authorizing the release, denying that there was an arrangement [Telegraph report] for al Megrahi to drop his appeal in return for his release. Al Megrahi returned to his native Libya, where he is still living, and experts have suggested that he could continue living for several more years [AP report]. Al Megrahi's release was controversial, with both US officials and the Scottish Parliament [JURIST reports] condemning it. Last year, US lawmakers called for an investigation [JURIST report] into the role that oil company British Petroleum (BP) [corporate website] may have played in al Megrahi's release.


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Federal court sets deadline in Wal-Mart gender discrimination suit
Jennie Ryan on August 20, 2011 11:04 AM ET

[JURIST] A judge for the US District Court for the Northern District of California [official website] ordered [text, PDF] Friday that a group of women seeking to recover damages from Wal-Mart must file their lawsuits by October 28. The order was issued on a motion to extend tolling of the statute of limitations by former members of the class action gender discrimination suit against the corporation. In June, the US Supreme Court [official website] ruled [opinion, PDF] in Wal-Mart v. Dukes [Cornell LII backgrounder] that the group who filed the original claim did not meet the requirements for class certification [JURIST report]. The order, issued by US District Court Judge Charles Breyer, applies to those women who have already received the required permission to sue from the Equal Employment Opportunity Commission (EEOC) [official website]. Those who have not already received permission from the EEOC have until next year to do so.
The original case was filed in 2001 by female Wal-Mart employees [class website] who contend that Wal-Mart's nationwide policies result in lower pay for women than men in comparable positions and longer waits for management promotions than men. Wal-Mart appealed to the Supreme Court in August 2010 after the US Court of Appeals for the Ninth Circuit upheld class certification [JURIST reports] in April 2010. A three-judge panel of the Ninth Circuit originally ruled against Wal-Mart's appeal of the class certification in February 2007, then issued a new opinion [text, PDF] in conjunction with its decision in December 2007. Wal-Mart appealed [JURIST report] to the Ninth Circuit in 2005, arguing that the six lead plaintiffs were not typical or common of the class. The certified class, which in 2001 was estimated to comprise more than 1.5 million women, includes all women employed by Wal-Mart nationwide at any time after December 26, 1998. It would have been the largest class action lawsuit in US history.


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