Legal Outlook - Legal News
Mississippi voters will decide winners for one seat on the state Supreme Court and one on the state Court of Appeals.
Runoff elections are Tuesday between candidates who advanced from the Nov. 5 general election. Polls are open 7 a.m.-7 p.m. central.
Voter turnout typically decreases between general elections and runoffs, and campaigns say turnout could be especially challenging two days before Thanksgiving.
Supreme Court Justice Jim Kitchens is seeking a third term and is challenged by state Sen. Jenifer Branning. They are running in District 1, also known as the Central District, which stretches from the Delta region through the Jackson metro area and over to the Alabama border.
Branning received 42% in the first round of voting, and Kitchens received 36%. Three other candidates split the rest.
Mississippi judicial candidates run without party labels, but Democratic areas largely supported Kitchens on Nov. 5 and Republican ones supported Branning.
Branning is endorsed by the state Republican Party. She calls herself a “constitutional conservative” and says she opposes “liberal, activists judges” and “the radical left.”
Kitchens is the more senior of the Court’s two presiding justices, putting him next in line to serve as chief justice. He is endorsed by the Southern Poverty Law Center’s Action Fund, which calls itself “a catalyst for racial justice in the South and beyond.”
In September, Kitchens sided with a man on death row for a murder conviction in which a key witness recanted her testimony. In 2018, Kitchens dissented in a pair of death row cases dealing with the use of the drug midazolam in state executions.
The Court of Appeals runoff is in District 5 in the southeastern corner of the state, including the Gulf Coast.
Amy St. Pe’ and Jennifer Schloegel advanced to the runoff from a three-way contest, with St. Pe’ receiving 35% of the vote on Nov. 5 and Schloegel receiving 33%. The runoff winner will succeed Judge Joel Smith, who did not seek reelection.
St. Pe’ is a municipal judge in Gautier. Schloegel is a chancery court judge in Hancock, Harrison and Stone counties.
No woman has appeared more often before the Supreme Court than Lisa Blatt, who will make her 50th argument this month.
No lawyer, male or female, has done it with quite the same mix of humor, passion and style. And her win-loss record isn’t bad, either: 40-6, with two cases yet to be decided.
She elicits laughs and the occasional sharp response from the justices, who seem to enjoy Blatt’s presentations as much as they respect her legal acumen.
When Blatt joked that Justice Samuel Alito was being her “enforcer” with a friendly question in a case about a claimed retaliatory arrest that was argued last month, the justice said, “I’m not trying to be your enforcer by any means. ... You don’t need one, by any means.”
The Supreme Court’s guide for lawyers who are arguing before the justices essentially warns against trying to emulate Blatt.
“Attempts at humor usually fall flat. The same is true of attempts at familiarity,” the guide advises. “Avoid emotional oration and loud, impassioned pleas. A well-reasoned and logical presentation without resort to histrionics is easier for listeners to comprehend.”
She can be strikingly informal, in one case referring to the highest court in the land as “you guys.” She is often blunt, once telling Justice Elena Kagan that her question was factually and fundamentally wrong. She has resorted to the personal, in one case where she felt her Harvard-educated opponent was being condescending. “I didn’t go to a fancy law school, but I’m very confident in my representation of the case law,” the University of Texas graduate said.
“Texas is a fine law school,” Justice Ruth Bader Ginsburg said, just as the arguments were ending and before the court handed Blatt a unanimous win.
Blatt also can be hyperbolic, cautioning last year that a decision against her client, a Turkish bank, would be “borderline, you know, cataclysmic.” A ruling that recognized a large swath of Oklahoma as tribal land would have “earth-shattering” consequences, she said in 2018. The justices risked causing “madness, confusion, and chaos” if they ruled for a high school student who was suspended from the cheerleading squad over a vulgar social media post.
The Alabama Supreme Court has ruled that frozen embryos can be considered children under state law, a decision critics said could have sweeping implications for fertility treatment in the state.
The decision was issued in a pair of wrongful death cases brought by three couples who had frozen embryos destroyed in an accident at a fertility clinic. Justices, citing anti-abortion language in the Alabama Constitution, ruled that an 1872 state law allowing parents to sue over the death of a minor child “applies to all unborn children, regardless of their location.”
“Unborn children are ‘children’ ... without exception based on developmental stage, physical location, or any other ancillary characteristics,” Justice Jay Mitchell wrote in Friday’s majority ruling by the all-Republican court.
Mitchell said the court had previously ruled that fetuses killed while a woman is pregnant are covered under Alabama’s Wrongful Death of a Minor Act and nothing excludes “extrauterine children from the Act’s coverage.”
The ruling brought a rush of warnings about the potential impact on fertility treatments and the freezing of embryos, which had previously been considered property by the courts.
“This ruling is stating that a fertilized egg, which is a clump of cells, is now a person. It really puts into question, the practice of IVF,” Barbara Collura, CEO of RESOLVE: The National Infertility Association, told The Associated Press Tuesday. The group called the decision a “terrifying development for the 1-in-6 people impacted by infertility” who need in-vitro fertilization.
She said it raises questions for providers and patients, including if they can freeze future embryos created during fertility treatment or if patients could ever donate or destroy unused embryos.
Sean Tipton, a spokesman with the American Society for Reproductive Medicine, said at least one Alabama fertility clinic has been instructed by their affiliated hospital to pause IVF treatment in the immediate wake of the decision.
Dr. Paula Amato, president of the American Society for Reproductive Medicine, said a decision to treat frozen fertilized egg as the legal equivalent of a child or gestating fetus could limit the availability of modern health care.
A federal lawsuit filed over five years ago challenging North Carolina's new photo voter identification mandate is now set to go to trial in the spring, with an outcome that could possibly affect what people must do to cast ballots this fall.
The U.S. District Court in Winston-Salem announced on Monday that Judge Loretta Biggs will convene the nonjury trial starting May 6 over the law, which was implemented just last fall.
While the state's photo ID requirement remains in place for the March 5 primary elections, a spring or summer ruling after the trial by Biggs to strike down the law could threaten its use in the November general election in the nation's ninth-largest state. North Carolina will have races for governor, attorney general and many other statewide races on the fall ballots. Courts, however, can be cautious about changing voting rules close to an election to avoid confusion.
The May date is about three months later than the date that lawyers for the state NAACP and several local chapters had requested several months ago. They sued over the 2018 law claiming it is marred by racial bias.
Attorneys for Republican legislative leaders defending the law had told Biggs in writing that the trial schedule sought by the NAACP groups was deficient. They also said it allowed no opportunity for the judge to dismiss the case on arguments before going to a formal trial.
Biggs held a hearing in November about the trial date and whether the State Board of Elections should be required to provide more public records to the plaintiffs about how voter ID has been implemented since last year. In a separate order Monday, Biggs sent the plaintiff’s request to a magistrate judge to recommend a decision to her. That recommendation can be challenged.
After a state Supreme Court ruling last April upholding the 2018 law as legal, the photo ID mandate was carried out in mostly municipal elections in September, October and November.
The trial date order doesn't estimate how long the trial will last. But it sets aside three weeks after the trial for the sides to file more papers.
The federal lawsuit alleges that the ID law violates the Voting Rights Act by discriminating disproportionately against Black and Latino voters to comply with the requirement. Republican lawmakers disagree and say the law builds public confidence in elections. They also point in part to a broader array of exceptions for people lacking an ID to still cast ballots when compared to an earlier voter ID law.
Previous trial dates for 2021 and 2022 were postponed. Biggs delayed one start date while the U.S. Supreme Court weighed her earlier refusal to allow GOP lawmakers to intervene in the case and defend the law in court. The U.S. justices sided with the legislative leaders in June 2022.
Biggs lifted her stay on action in the case last summer a few months after the state Supreme Court determined the mandate comported with state constitution.
In late 2019, Biggs issued a preliminary injunction blocking the 2018 voter ID law, saying it was tainted by racial bias largely because a previous voter ID law approved by legislators in 2013 had been struck down on similar grounds. The 2013 law was implemented briefly in 2016.
The United Nations’ top court on Wednesday rejected large parts of a case filed by Ukraine alleging that Russia bankrolled separatist rebels in the country’s east a decade ago and has discriminated against Crimea’s multiethnic community since its annexation of the peninsula.
The International Court of Justice ruled Moscow violated articles of two treaties — one on terrorism financing and another on eradicating racial discrimination — but it rejected far more of Kyiv’s claims under the treaties.
It rejected Ukraine’s request for Moscow to pay reparations for attacks in eastern Ukraine blamed on pro-Russia Ukrainian rebels, including the July 17, 2014, downing of Malaysia Airlines Flight 17 that killed all 298 passengers and crew.
Russia has denied any involvement in the downing of the jetliner. A Dutch domestic court convicted two Russians and a pro-Moscow Ukrainian in November 2022 for their roles in the attack and sentenced them in their absence to life imprisonment. The Netherlands and Ukraine also have sued Russia at the European Court of Human Rights over MH17.
In another rebuke for Moscow, the world court ruled that Russia had violated one of the court’s orders by launching its full-scale invasion in Ukraine nearly two years ago.
The leader of Ukraine’s legal team, Anton Korynevych, called the ruling “a really important day because this is a judgment which says that the Russian Federation violated international law, in particular both conventions under which we made our application.”
The legally binding final ruling was the first of two expected decisions from the International Court of Justice linked to the decade-long conflict between Russia and Ukraine that exploded into all-out war almost two years ago.
At hearings last year, a lawyer for Ukraine, David Zionts, said the pro-Russia forces in eastern Ukraine “attacked civilians as part of a campaign of intimidation and terror. Russian money and weapons fueled this campaign.”
Former President Donald Trump’s bid to win back the White House is now threatened by two sentences added to the U.S. Constitution 155 years ago.
The Colorado Supreme Court on Tuesday barred Trump from the state’s ballot under Section 3 of the 14th Amendment, which prohibits anyone who swore an oath to support the Constitution and then “engaged in insurrection” against it from holding office. It’s the first time in history the provision has been used to prohibit someone from running for the presidency, and the U..S. Supreme Court is likely to have the final say over whether the ruling will stand.
If it does — which many legal experts say is a longshot — it’s the end of Trump’s campaign because a Supreme Court decision would apply not just in Colorado, but to all states. It also could open a new world of political combat, as politicians in the future fish for judicial rulings to disqualify their rivals under the same provision.
Some conservatives have even considered using it against Vice President Kamala Harris, who raised bail money for those jailed during the violence following the murder of George Floyd in Minneapolis. They said that also should be considered an “insurrection” against the Constitution.
So far, very little in the real world. Aware that the case was very likely going to the U.S. Supreme Court, the 4-3 Colorado Supreme Court majority stayed their own order until Jan. 4 — the day before the state’s primary ballots are due at the printer — or until the Supreme Court rules.
Technically, the ruling applies only to Colorado, and secretaries of state elsewhere are issuing statements saying Trump remains on the ballot in their state’s primary or caucus.But it could embolden other states to knock Trump off the ballot. Activists have asked state election officials to do so unilaterally, but none have. Dozens of lawsuits have been filed, but all failed until Colorado.
The U.S. Supreme Court has never ruled on the meaning of Section 3. The justices can take the case as quickly as they like once Trump’s campaign files its appeal, which is not expected this week. The high court then could rule in a variety of ways — from upholding the ruling to striking it down to dodging the central questions on legal technicalities. But many experts warn that it would be risky to leave such a vital constitutional question unanswered.
“It is imperative for the political stability of the U.S. to get a definitive judicial resolution of these questions as soon as possible,” Rick Hasen, a law professor at the University of California, Los Angeles, wrote shortly after the ruling. “Voters need to know if the candidate they are supporting for president is eligible.”
Donald Trump’s lawyers were thwarted Thursday in their longshot bid to immediately end the New York civil fraud trial that threatens the former president’s real estate empire.
Judge Arthur Engoron didn’t rule on the request, but indicated the trial will go on as scheduled Monday with Donald Trump Jr. returning to the stand as the first defense witness.
Trump’s lawyers had asked Engoron to cut the trial short and issue a verdict clearing Trump, his company and top executives including Trump Jr. of wrongdoing.
They made the request halfway through the trial of New York Attorney General Letitia James’ lawsuit, arguing the state had failed to prove its case. James alleges Trump and other defendants duped banks, insurers and others by inflating his wealth on financial statements.
Engoron said the defense’s arguments seeking what’s known as a directed verdict were “taken under advisement.” He did not address them further when he returned to court Thursday afternoon to rule on another matter.
In that ruling, Engoron gave Trump’s lawyers a victory, allowing them to call several expert witnesses in an attempt to refute testimony that Trump’s financial statements afforded him better loan terms, insurance premiums and were a factor in dealmaking.
The judge, who’s had a history of ruling against Trump, has signaled interest in seeing the trial through to its conclusion, asking defense lawyers for witness schedules and pegging closing arguments close to Christmas.