Litigation

Wednesday Gavel Grab Briefs

Posted on March 30, 2011
In these other dispatches about fair and impartial courts: On the eve of U.S. Supreme Court arguments in a major employment discrimination case, Wal-Mart v Dukes, a Washington Post editorial was headlined, “Supreme Court justices aren’t political hacks in robes...

NY Judge: Trying to ?Keep the Courthouses Open?

Posted on March 30, 2011
“We’re going to try as best we can to keep the courthouses open,” New York’s chief judge said in response to another $70 million cut anticipated by a budget agreement between the governor and legislative leaders. Before announcement of the budget accord, judicial officials already had proposed cutting $100 from a $2...

Judicial Election Plan Advances in TN Senate

Posted on March 30, 2011
A bill to require competitive election of appellate judges and state Supreme Court justices in Tennessee cleared the state Senate Judiciary Committee by a single vote. Republican Senate Speaker Ron Ramsey stepped in to cast the tie-breaking vote and rescue the legislation...

Justice Scalia Ticketed in Fender-Bender

Posted on March 30, 2011
Supreme Court Justice Antonin Scalia got a ticket from U.S. Park Police Tuesday after he was faulted in a minor four-car accident on his way to the court for work. “The justice was served,” reported a Los Angeles Times article. No one was hurt in the accident, which occurred in suburban Virginia...

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Editorial: ?Rethink Electing Justices? After WI Ad

Posted on March 30, 2011
A bombshell of an attack ad in the Wisconsin Supreme Court race is causing more shock waves. “It’s time to rethink electing justices,” declared a Milwaukee Journal Sentinel editorial today. The editorial was headlined, “A misleading ad,” and it said the campaign spot attacking Justice David Prosser “should be Exhibit A for why electing state [...

JAS Deplores Attack Politics in WI Race

Posted on March 29, 2011
Justice at Stake deplored today an attack ad aired against Wisconsin Justice David Prosser, calling it a new example of the state’s furious descent into negative politics in state supreme court elections. ?Wisconsin has become Ground Zero of all that is wrong with state supreme court elections in America today,? Executive Director Bert Brandenburg said [...

AZ Public Financing Provision ?In Jeopardy?

Posted on March 29, 2011
National media gave extensive coverage to Supreme Court arguments in a case challenging Arizona?s law for public financing of campaigns, and most pointed toward the same conclusion. Judging from comments by justices, it appears almost inevitable that the five justices who made up the majority in last year’s landmark Citizens United ruling on campaign finance [...

Defenders of Merit Selection Speak Out

Posted on March 28, 2011
With merit selection of judges under attack in numerous states, its defenders are speaking up. In the Nashville Tennessean, lawyer Zan Blue, who is on the board of directors for the Tennessee Business Roundtable, writes that merit selection is effective in keeping courts fair and impartial...

Editorials Back Public Financing Law

Posted on March 28, 2011
An Arizona public financing law under challenge in the Supreme Court tends to promote speech, rather than limiting it, a Washington Post editorial declared. The Supreme Court heard oral arguments Monday in the case, McComish v. Bennett (see Gavel Grab)...

High Court ?Skeptical? About AZ Public Financing

Posted on March 28, 2011
The Supreme Court heard arguments Monday in a case challenging Arizona’s law for public financing of campaigns, and the court appeared inclined to strike down a key provision of the law. Under the provision, publicly funded candidates get additional dollars, called “trigger funds,” when privately financed candidates or independent groups spend more...

WI Judge Hits Attack Ad as ?Smear?

Posted on March 28, 2011
Almost overnight, the Wisconsin Supreme Court race has exploded. An ugly campaign ad ripped incumbent Justice David Prosser.  He, in turn, has slammed his challenger as an “unbending ideologue.” Here’s the latest: The left-leaning Greater Wisconsin Committee launched a TV ad attacking Justice Prosser’s handling, as a prosector, of a sex abuse case more than [...

McComish Case Arguments Previewed

Posted on March 27, 2011
With Supreme Court arguments scheduled Monday in an important campaign finance case, several major national newspapers have reported on the legal issues to be debated. In McComish v. Bennett, the Supreme Court will hear a challenge to a provision in Arizona’s public financing law that critics contend violates free speech rights...

In U.S. Spotlight: McComish Impact for Courts

Posted on March 26, 2011
On the eve of oral arguments before the Supreme Court, a New York Times editorial says an Arizona public financing mechanism should stand, and the editorial points to the law’s impact on fair courts. The Supreme Court will hear arguments Monday morning in McComish v...

Iowa Brief to Court: Don?t Toss Public Financing

Posted on March 25, 2011
Top legal officials in Iowa, where voters dumped three state Supreme Court justices last year over a ruling that permitted same-sex marriage, are examining ways for states to restore public trust in the courts. They’ve taken their concern to the U...

Scholar Handicaps Court on McComish

Posted on March 25, 2011
In a major campaign finance case to be argued before the Supreme Court Monday, election law scholar Rick Hasen expects an ultimate legal ruling favoring “free speech for the wealthy.” Hasen has written a commentary in Slate entitled, “Rich Candidate Expected to Win Again/Does the Supreme Court care more about free speech for the wealthy [...

Air Wars Looming in WI Court Race

Posted on March 25, 2011
www.youtube.com/watch?v=WFNGfOwT3Qg Are the air wars starting in Wisconsin’s Supreme Court race? According to a Politico article, the Issues Mobilization Council of Wisconsin Manufacturers & Commerce states in a fundraising pitch that it “is launching a television ad campaign to counter the distortions from government unions and their allies about Justice [David] Prosser...

Outside Spending to Soar in WI Race?

Posted on March 24, 2011
Taxpayers are financing the two candidates’ campaigns, but forecasts for outside group spending in next month’s Wisconsin Supreme Court election are suddenly soaring. Voters will go to the polls April 5 in the race that pits Justice David Prosser against challenger JoAnne Kloppenburg...

Snapshot of Supreme Court Term Has Surprises

Posted on March 24, 2011
Could conventional critiques of the current Supreme Court be dead wrong? Veteran court-watcher Linda Greenhouse raises hard questions but doesn’t jump to any conclusions in a New York Times Opinionator commentary entitled “A Surprising Snapshot...

Thursday Gavel Grab Briefs

Posted on March 24, 2011
In these other dispatches about fair and impartial courts: An effort to replace merit selection of judges on the Kansas Court of Appeals with appointment by the governor, subject to state Senate confirmation, has gotten new life in the House after it becoming stalled in the Senate, according to a Kansas Reporter article...

Report: Better Disclosure Laws Urgently Needed

Posted on March 24, 2011
There is an “urgent need for states to improve their disclosure laws” in the wake of the Supreme Court’s Citizens United campaign finance ruling last year, concludes a new report by the Brennan Center for Justice. The report, entitled “Transparent Elections after Citizens United,” was written by Ciara Torres-Spelliscy, counsel for the Democracy Program at [...

Bachmann Slams Judges as ?Black-Robed Masters?

Posted on March 24, 2011
Speaking in Iowa, Republican Rep. Michele Bachmann repeatedly derided judges as “black-robed masters” and congratulated conservatives for dumping three state Supreme Court justices. Bachmann was addressing a group of home school advocates when she made the remarks, according to a Politico article...

AZ Editorial: Judicial Independence at Risk

Posted on March 23, 2011
An assault on the existing merit selection process in Arizona could strike a blow at judicial independence, warns an Arizona Republic editorial. Arizona’s Senate has approved a measure that would remove the State Bar from nominating members of the screening commissions that send recommendations to the governor for judgeships (see Gavel Grab)...

WI Election ?Proxy Fight? Bad for the Bench?

Posted on March 23, 2011
Increasingly, pundits are framing next month’s Wisconsin Supreme Court election as a referendum on Republican Gov. Scott Walker’s bid to curb collective bargaining by public employees. As a headline in the Milwaukee Biz Blog of BizTimes summed up this view, “Voters will decide fate of Walker’s bill April 5...

McComish Case Threatens Fair Courts

Posted on March 23, 2011
The Supreme Court will hear oral arguments Monday in a public finance election law case that poses a threat to fair courts. Justice at Stake is making resources available to spotlight the case, McComish v. Bennett, and to help journalists covering it...

Tuesday Gavel Grab Briefs

Posted on March 22, 2011
In these other dispatches about fair and impartial courts: Two bills that would advance merit selection for appellate judges in Pennsylvania were introduced by Republican state Sen. Jane Earll, according to the Judges on Merit blog. It is sponsored by a JAS partner group, Pennsylvanians for Modern Courts...

WI High Court Candidates Clash in Debate

Posted on March 22, 2011
Justice David Prosser and challenger JoAnne Kloppenburg engaged in a sharp-edged debate Monday as their contest for the Wisconsin Supreme Court continued to draw increased attention. “Wis. court candidates spar over impartiality,” declared a headline with an Associated Press article...

Attacks Mounting on Merit Selection

Posted on March 22, 2011
Attacks on merit-based selection of judges are drawing opposition in some states and advancing in others. In Florida, state Bar Association President Mayanne Downs appears prepared, at least judging from an e-mail she wrote, to fight against at least some of the judicial reform agenda proposed by Republican House Speaker Dean Cannon, according to a [...

Monday Gavel Grab Briefs

Posted on March 21, 2011
In these other dispatches about fair and impartial courts: “Justice Groups Support Judicial Campaign Proposal,” declared the headline of a New York Law Journal article about comments by Justice at Stake and the Brennan Center for Justice on a New York ethics proposal (see Gavel Grab for background)...

FL Court Proposals Spark Pushback

Posted on March 21, 2011
Just how sweeping are legislative proposals to overhaul the Florida Supreme Court and merit selection of judges? Answers columnist Howard Troxler of the St. Petersburg Times about these and related proposals: “It is revolution. It is constitutional usurpation...

Court Lets Party Spending Limits Stand

Posted on March 21, 2011
The Supreme Court let stand Monday a lower court decision affirming the constitutionality of limits on the sums political parties can spend in coordination with their candidates. The high court declined to hear an appeal in a lawsuit by former Rep. Joseph Cao, R-La...

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