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Legal news from Sunday, July 22, 2012




Massachusetts man pleads guilty to plotting attack on Pentagon
Jaimie Cremeans on July 22, 2012 3:45 PM ET

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[JURIST] Massachusetts resident Rezwan Ferdaus entered his guilty plea in the US District Court for the District of Massachusetts [official website] on Friday to charges of plotting to attack the Pentagon [official website] using small remote-controlled airplanes carrying explosives. Ferdaus was charged [FBI report] with six counts last year for his plot against the Pentagon and attempts to provide support to al Qaeda for attacks on US officials and soldiers overseas, but four were dropped as part of a plea agreement [JURIST report] with prosecutors. Prosecutors said he told his plan to FBI agents posing as al Qaeda members. Although he had no previous ties to the terrorist organization, prosecutors said he sought out al Qaeda members to help him carry out his attack. Ferdaus agreed to 17 years in prison and 10 years of supervised release.

Authorities from the US and other countries have been diligent in hunting down al Qaeda members internationally. Earlier this month, France arrested [JURIST report] a man in Toulon suspected of providing supplies and financial assistance to the terrorist group. Last month a New York citizen pleaded guilty [JURIST report] to providing material support to al Qaeda from the US. In February, Egyptian officials also arrested [JURIST report] a member of the group for whom the US was offering a $5 million reward at an airport in Cairo.




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US Supreme Court urged to hear challenges to Voting Rights Act
Jaimie Cremeans on July 22, 2012 2:43 PM ET

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[JURIST] Attorneys in two cases challenging the constitutionality of the 2006 renewal of the 1965 Voting Rights Act (VRA) [text] filed petitions on Friday with the US Supreme Court [official website] asking it to settle the issue in its upcoming term. The first case, Nix v. Holder [petition, PDF], originates from the US Department of Justice (DOJ) [official website] using the Section 5 [DOJ backgrounder] preclearance provision to block Kinston County, North Carolina, from implementing a nonpartisan local election system, claiming this would cause candidates whom black voters prefer to receive fewer "cross-over votes" from white voters. Nix was pending remand in the US District Court for the District of Columbia [official website] when that court decided Shelby County v. Holder [petition, PDF], which upheld the VRA as constitutional and led the court to enter summary judgment against the plaintiffs in Nix. The US Court of Appeals for the District of Columbia Circuit [official website] affirmed [opinion, JURIST report] the lower court's decision earlier this year, relying on Supreme Court precedent in South Carolina v. Katzenbach (1966) and City of Rome v. United States (1980) [opinions], which both previously upheld the provision. The petitioners argue, however, that these decisions were made in light of extreme circumstances which made it necessary for Section 5 to allow the DOJ to use preclearance of new voting laws in counties with previous histories of racism, but that these conditions are no longer so extreme and the section is not necessary for Congress to ensure equal protection under the 15th Amendment [text].

Voting laws have been a controversial issue throughout the US recently. Last month, the US District Court for the District of Columbia heard another challenge [JURIST report] to the DOJ's use of Section 5 in Texas to block implementation of a voter identification law. A federal judge last month also refused the DOJ's request to issue a temporary injunction against Florida's continued practice of purging its voter rolls. The DOJ also blocked a South Carolina voter identification law in December which would have required citizens to present a government-issued ID before voting. In 2009, the Supreme Court upheld [JURIST report] the 1965 Voting Rights Act against challenges to Section 5's bail-out provision, but avoided the issue of whether or not the 2006 extension of Section 5 is constitutional.




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Obama administration extends benefits to same-sex partners of federal employees
Keith Herting on July 22, 2012 10:19 AM ET

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[JURIST] The Obama administration on Friday amended regulations to offer same-sex domestic partners of federal employees some retirement benefits. The new regulation [text, PDF] adds "same-sex domestic partners to the class of persons for which an insurable interest is presumed to exist," which allows the employee to designate their partner as a recipient to their annuity after they pass away. Another regulation change [text] also permits children of an employee's same-sex domestic partner to receive a child-care subsidy in some instances. An additional proposed regulation [text, PDF] would also allow federal employees to use the federal health insurance plan to cover children of their same-sex partners In addition to the changes to regulations, the Obama administration has also recently appealed two cases to the Supreme Court this month seeking to strip the Defense of Marriage Act (DOMA) [text; JURIST news archive] of elements banning benefits for same-sex spouses of married federal employees.

The changes to federal regulations come in the wake of a 2010 memo [text, PDF] sent to the heads of federal departments and agencies instructing them to extend benefits to same-sex domestic partners of their employees. Additionally, there have been a bevy of challenges to DOMA in recent weeks. Last week an elderly woman challenged DOMA [JURIST report] in New York. Earlier in the month, a lesbian couple filed a lawsuit in the US District Court for the Central District of California [official website] in a DOMA challenge that seeks to achieve for gay and lesbian couples the same federal immigration rights afforded to heterosexual couples [JURIST report] under the Immigration and Nationality Act [materials]. Also this month 132 members of the US House of Representatives [official website] filed an amicus brief [JURIST report] arguing that statutory classifications based on sexual orientation should be subject to heightened judicial scrutiny, and that DOMA should be overturned as unconstitutional under any level of judicial scrutiny. The brief was filed in the appeal of Karen Golinski v. Office of Personnel Management, the landmark case in which the US District Court for the Northern District of California [official website] ruled that DOMA is unconstitutional [JURIST report]. Last month 10 US senators filed their own amicus brief in the case, arguing in the opposite [JURIST report] that the federal government had a legitimate interest in creating a uniform federal definition of marriage to "[avoid] massive legal uncertainty."




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