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November 10, 2004

Supreme Court News

White House Wants Suicide Law Blocked
SALEM, Ore. -- Attorney General John Ashcroft drew the ire of Oregon officials with one of his last official acts: Asking the U.S. Supreme Court to set aside the state's — and nation's only — assisted-suicide law. Gov. Ted Kulongoski argued Tuesday that Oregon voters have twice endorsed the right of terminally ill patients to die more quickly and that "it's past time for this administration to focus on ways to work with Oregon — not against us."

Court Considers If People
Can Sue Cops For False Arrests

WASHINGTON -- The Supreme Court sought Monday to clarify whether police can be sued for arresting suspects on charges that later fall apart, even if it turns out that officers had a second, valid reason for the "detention." Monday's case involves the appeal of two Washington State Patrol officers who arrested Jerome Alford for tape recording their conversation during a traffic stop in November 1997.

Chief Justice Rehnquist Working From Home
WASHINGTON -- Chief Justice William H. Rehnquist wrote one of the first rulings of the Supreme Court this session while working from home and undergoing treatment for thyroid cancer. Rehnquist wrote a unanimous decision Tuesday that said the government was wrong to deport a Haitian man convicted of felony drunken driving in Florida. An alcohol-related accident is not a deportable "crime of violence," the 80-year-old wrote in the succinct ruling.

Court Urged to Hear File-Sharing Case
LOS ANGELES -- A disparate group made up of dozens of state attorneys general, labor unions, retailers, professional sports leagues and others urged the U.S. Supreme Court on Monday to hear a claim brought by the recording and film industries against two Internet file-sharing firms. In legal briefs filed with the court, the petitioners stressed the justices should take the entertainment companies' case and finally resolve conflicting lower court rulings on file-sharing, said Steven Marks, general counsel for the Recording Industry Association of America.

Court Rules for Immigrant in DUI Case
WASHINGTON -- A drunken driving accident is not a "crime of violence" allowing the government to deport a permanent resident, the Supreme Court ruled Tuesday in the first of three cases this term delineating the rights of immigrants. In an 11-page opinion by ailing Chief Justice William H. Rehnquist, the court ruled unanimously in favor of Josue Leocal, a Florida man who challenged his deportation to Haiti in 2002 after pleading guilty to a felony charge of drunken driving.

Court Passes on Chiropractor Lawsuit
WASHINGTON -- The Supreme Court said Monday it would not consider whether health insurers violate antitrust laws when they team up with doctors to adopt reimbursement policies that siphon business away from chiropractors. At issue was whether Trigon Healthcare, Virginia's largest private health insurer, illegally conspired to develop clinical guidelines that unfairly promoted doctors over chiropractors. Two chiropractic organizations who sued in 2000 say yes, while the 4th U.S. Circuit Court of Appeals ruled there was insufficient evidence showing that.

Court Won't Consider Felon Voting Case
WASHINGTON -- The Supreme Court declined Monday to hear an appeal from Washington state to stop minority felons from seeking the right to vote. Justices left intact a 9th U.S. Circuit Court of Appeals decision that allows six current and former inmates to challenge as racially discriminatory a Washington state law stripping them of their right to vote. The inmates now can proceed to trial.

Court Will Not Consider Coast Guard Case
WASHINGTON -- The Supreme Court refused Monday to consider whether the U.S. Coast Guard can be sued for providing questionable emergency care to an injured Florida diver who later became paralyzed. Federal law does not require the Coast Guard to rescue scuba divers, since they voluntarily accept the risks of deep-water diving. At issue is whether the Coast Guard can be held liable for administering inadequate aid once it agrees to provide a rescue.

Posted by Editor at November 10, 2004 08:37 AM


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