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Democrats sue to overturn new Kansas congressional districts
Lawyer News Press |
2022/02/14 14:27
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Democrats sued Kansas officials on Monday over a Republican redistricting law that costs the state’s only Democrat in Congress some of the territory in her Kansas City-area district that she carries by wide margins in elections.
A team of attorneys led by Democratic attorney Marc Elias’ firm filed the lawsuit in Wyandotte County District Court in the Kansas City area. Elias has been involved in lawsuits in multiple states, including Georgia, North Carolina and Ohio, and he promised that the new Kansas map would be challenged when the GOP-controlled Legislature on Wednesday overrode Democratic Gov. Laura Kelly’s veto of it.
The lawsuit was filed on behalf of five voters and a Kansas voting-rights group, Loud Light. The defendants are the elections commissioner for Kansas City, Kansas, and Kansas Secretary of State Scott Schwab, the state’s top elections official.
Kansas is part of a broader national battle over redrawing congressional districts. Republicans hope to recapture a U.S. House majority in this year’s elections, and both parties are watching states’ redistricting efforts because they could help either pick up or defend individual seats.
The Kansas redistricting law removes the northern part of Kansas City, Kansas, from the 3rd District that U.S. Rep. Sharice Davids represents and puts it in the neighboring 2nd District, which includes the state capital of Topeka but also rural communities across eastern Kansas. Kansas City is among Republican-leaning Kansas’ few Democratic strongholds.
Elias has said the GOP map for Kansas is “blatantly unconstitutional.” Democrats argued that it amounts to partisan gerrymandering aimed at costing Davids’ her seat, while diluting the clout of Black and Hispanic voters by cutting their numbers in her district. They also have argued that the map is unacceptable because it fails to keep the core of the state’s side of the Kansas City area in a single district.
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Temple prof seeks reinstatement of damage claims against FBI
Lawyer News Press |
2022/02/10 10:59
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A Temple University physics professor who was charged with sharing scientific technology with China only for the case to collapse before trial and be dismissed by the Justice Department asked a federal appeals court on Monday to reinstate his clams for damages against the U.S. government.
Lawyers for Xiaoxing Xi and his wife say in a brief filed Monday with a Philadelphia-based appeals court that a judge erred last year when he dismissed most of the claims in their federal lawsuit. They assert that the FBI agent who led the investigation “intentionally, knowingly or recklessly” made false statements and misrepresented evidence so that prosecutors could get an indictment.
“When law enforcement agents abuse the legal process by obtaining indictments and search warrants based on misrepresentations or by fabricating evidence, it undermines the legitimacy of the courts,” Xi’s legal team, which includes lawyers from the American Civil Liberties Union, wrote in the brief.
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Judge sides with Alaska attorney who alleged wrongful firing
Lawyer News Press |
2022/01/21 10:34
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A U.S. judge sided Thursday with an attorney who alleged she was wrongly fired by the state of Alaska over political opinions expressed on a personal blog.
U.S. District Court Judge John Sedwick ruled that Elizabeth Bakalar’s December 2018 firing violated her free speech and associational rights under the U.S. and state constitutions.
According to Sedwick’s decision, Bakalar was an attorney with the Alaska Department of Law who handled election-related cases and was assigned to advise or represent state agencies in high-profile or complex matters. She began a blog in 2014 that focused on issues such as lifestyle, parenting and politics but began blogging more about politics and then-President Donald Trump after his 2016 election. She also commented about Trump on Twitter, with her name listed as the Twitter handle, the order says.
Shortly after Republican Gov. Mike Dunleavy’s election in 2018, the chair of his transition team and later his chief of staff, Tuckerman Babcock, sent a memo to a broad swath of state employees requesting they submit their resignations along with a statement of interest in continuing to work for the new administration. The request was derided by attorneys for Bakalar and others as a demand for a “loyalty pledge.”
“To keep their jobs employees had to actually offer up a resignation with an accompanying statement of interest in continuing with the new administration and then hope that the incoming administration would reject the resignation,” Sedwick wrote.
Babcock said he fired Bakalar because he considered the tone of her resignation letter to be unprofessional, the order says. But Sedwick said Babcock did not accept the resignation of an assistant attorney general who used the same wording he had found objectionable when used by Bakalar.
While every lawyer in the Department of Law received the memo, just two — Bakalar and another attorney who had been critical of Trump on social media — had their resignation letters accepted, according to Sedwick’s decision.
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Some Michigan counties pause jury trials amid COVID surge
Lawyer News Press |
2022/01/17 13:10
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Jury trials have been paused in some western Michigan counties due to a surge in coronavirus cases, court officials said Monday.
Chief Judge Mark Trusock said all jury trials in Kent County 17th Circuit Court, based in Grand Rapids, were on hold until March 7. Ottawa County Probate Court and the 20th Judicial Circuit Court, based in Grand Haven, will not summon the public to courthouses to serve as jurors until at least Feb. 1, according to a statement released by the court.
Michigan health officials said last week that the state’s record-high COVID-19 cases and hospitalizations could peak in late January or early February, and they urged the public to take steps to help control the spread.
Ottawa County court officials said their decision was made in consultation with the Ottawa County Department of Public Health. Circuit Court Administrator Susan Franklin said judges don’t want to bring large numbers of people into the courthouses given the current rates of COVID transmission.
Courts across the U.S. have paused jury trials at various points during the pandemic. The highly contagious omicron variant has prompted additional pauses in recent days, including in Indiana’s largest county and in the state’s second most-populous county.
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Appeals court: Illinois counties must end ICE contracts
Lawyer News Press |
2022/01/14 13:59
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A federal appeals court has ruled two counties that hold immigrant detainees at local jails must terminate contracts with federal authorities starting Thursday.
Leaders in Kankakee and McHenry counties sued over an Illinois law aimed at ending immigration detention in the state by Jan. 1 and lost. But they were allowed to delay while on appeal.
In the ruling, the 7th U.S. Circuit Court of Appeals said the counties hadn’t made their case.
“We conclude that the counties have not made a ‘strong showing’ that they are likely to succeed on the merits,” the three-judge panel concluded.
Roughly 100 detainees remain at the jails. Winding down the contracts is expected to take a few weeks.
The Illinois law has been celebrated by immigrant rights activists who say detaining people awaiting immigration hearings is inhumane and costly. They’re pushing to release detainees instead of transferring them elsewhere.
Last year, downstate Pulaski County cleared its jail of immigrant detainees. Court records show 15 were released. Dozens of others were transferred to Kansas and the two Illinois facilities.
Officials in McHenry and Kankakee counties, who didn’t return messages Thursday, have previously said they’d continue to appeal. They say the contracts are lucrative and argue that ending them simply transfers detainees further from their families.
U.S. Immigration and Customs Enforcement didn’t return a message Thursday.
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