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Federal appeals court deliberates North Carolina Supreme Court election dispute
Headline Topics |
2025/01/29 11:46
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[Image Credit: Pexel] by lawfirm-network.com A federal appeals panel in Richmond, Virginia, heard arguments Monday regarding the unresolved North Carolina Supreme Court election, focusing on jurisdictional issues over whether federal or state courts should decide the fate of approximately 66,000 disputed ballots. The case involves Democratic Associate Justice Allison Riggs, who currently leads Republican challenger Jefferson Griffin by 734 votes out of more than 5.5 million cast. Griffin’s attorneys argue that their client would likely win if ballots they claim were cast by ineligible voters are removed from the count. However, the State Board of Elections dismissed Griffin’s request last month to disqualify those votes. The three-judge panel of the 4th U.S. Circuit Court of Appeals deliberated for 90 minutes, questioning attorneys on whether Griffin’s ballot challenge should remain in state court or be heard in federal court. As of now, legal challenges are ongoing in both court systems, creating an unusual situation in one of the nation’s most closely watched judicial elections. The ballots in question were cast by voters whose registration records reportedly lacked either a driver’s license number or the last four digits of a Social Security number, which state law has required since 2004. If Griffin prevails, it would expand the conservative majority on the North Carolina Supreme Court from 5-2 to 6-1. Riggs remains on the court while the legal battle continues. The appeals panel has not indicated when it will issue a ruling. |
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President Trump proposes 'getting rid of FEMA' - UPDATE
Headline Topics |
2025/01/26 08:52
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by lawfirm-network.com
President Trump, during recent visits to disaster-stricken areas in California and North Carolina, has proposed the possibility of dismantling the Federal Emergency Management Agency (FEMA). He criticized FEMA as being overly bureaucratic and slow, suggesting that individual states should manage their own disaster responses, with the federal government providing financial assistance directly to them. This proposal has raised concerns among experts and lawmakers, particularly in disaster-prone states like Florida, where officials warn that without FEMA's support, handling the aftermath of powerful storms could be financially overwhelming. It's important to note that eliminating FEMA would require congressional approval, as the agency was established by an executive order under President Jimmy Carter.
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Federal Judge Blocks Trump’s Executive Order on Birthright Citizenship - BLOG
Lawyer News |
2025/01/25 08:52
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In a significant legal development, a federal judge has temporarily blocked President Donald Trump's executive order aimed at ending birthright citizenship. This executive order sought to redefine the 14th Amendment's Citizenship Clause, which grants citizenship to all individuals born on U.S. soil. The order specifically targeted children born to undocumented immigrants and those on temporary visas.
On January 23, 2025, U.S. District Judge John C. Coughenour, appointed by President Reagan, issued a temporary restraining order, labeling the executive action as "blatantly unconstitutional." This decision came in response to lawsuits filed by several states and civil rights organizations, which argued that the order violated the 14th Amendment.
The 14th Amendment clearly states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Legal experts have long interpreted this to mean that anyone born on U.S. soil, regardless of their parents' immigration status, is automatically granted citizenship. The Supreme Court reinforced this interpretation in the 1898 case of United States v. Wong Kim Ark, affirming that the Constitution grants birthright citizenship to almost all children born in the United States.
In response to the ruling, President Trump has indicated his intention to appeal, setting the stage for a potentially prolonged legal battle that could escalate to the Supreme Court. This development underscores the ongoing tensions surrounding immigration policy and constitutional rights in the United States.
by lawfirm-network.com
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Supreme Court allows small business registration rule to take effect
Headline Topics |
2025/01/23 08:52
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by lawfirm-network.com
The Supreme Court Revives Corporate Transparency Act, Mandating Small Business Registration The Supreme Court has reinstated a key provision of the Corporate Transparency Act (CTA), requiring owners of over 32.6 million small businesses to register personal information with the Treasury Department’s Financial Crimes Enforcement Network (FinCEN). This act, designed to combat money laundering and the misuse of anonymous shell companies, was previously blocked by a federal judge in Texas and held by the 5th U.S. Circuit Court of Appeals. [Image credit: Pexel]Key Details of the Ruling:- What is Required: Small business owners must provide personal information, including photo IDs and home addresses, to FinCEN.
- Purpose: To deter financial crimes and increase transparency in corporate ownership.
- Legal Challenges: Opposed by Republican-led states, conservative groups, and business associations, the law was initially struck down on grounds that Congress overstepped its authority.
Reactions:- Supporters: Labor, environmental, and progressive groups applaud the decision as a win for transparency.
- Opponents: Business organizations express concerns about compliance challenges and legal uncertainty. The National Small Business Association and Small Business & Entrepreneurship Council have called for clarity and leniency for late filers.
Next Steps:- The Supreme Court’s decision allows enforcement to proceed while the Texas case continues.
- Advocates for repeal, including business leaders, urge Congress to reassess the mandate.
This decision marks a significant step in the federal government’s efforts to curb illicit financial activities, though its future enforcement and impact remain subjects of heated debate. by breakinglegalnews.com |
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Why Biden pardoned Milley, Fauci and family members? [Q&A]
Blog Updates |
2025/01/21 08:53
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President Joe Biden on Monday pardoned Dr. Anthony Fauci, retired Gen. Mark Milley and members of the House committee that investigated the Jan. 6 attack on the Capitol, in an extraordinary use of the powers of the presidency in his final hours to guard against potential “revenge” by the incoming Trump administration.
Dr. Fauci, who served as the nation's top infectious disease expert, and General Milley, former Chairman of the Joint Chiefs of Staff, have both faced criticism from Trump and his allies. Members of the January 6 committee have also been targets of political attacks. By granting these pardons, Biden seeks to shield them from what he perceives as unjustified
It's important to note that these pardons are preemptive, meaning they were issued before any charges were filed, and do not imply that the individuals committed any crimes. This move underscores the deep political divisions in the country and highlights concerns about the potential use of the justice system for political retribution.
by lawfirm-network.com
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Court declines to hear from gas companies trying to block climate change lawsuits
Legal Business |
2025/01/21 08:52
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The Supreme Court said Monday it won’t hear an appeal from oil and gas companies trying to block lawsuits seeking to hold the industry liable for billions of dollars in damage linked to climate change.
The order allows the city of Honolulu’s lawsuit against oil and gas companies to proceed. The city’s chief resilience officer, Ben Sullivan, said it’s a significant decision that will protect “taxpayers and communities from the immense costs and consequences of the climate crisis caused by the defendants’ misconduct.”
[Image credit: Wikipedia] The oil and gas industry is grappling with a growing number of lawsuits claiming the sector misled the public about its role in climate change. States like California, Colorado, and New Jersey are suing for billions in damages linked to wildfires, sea-level rise, and severe weather. This legal wave reflects an increasing use of courts to drive climate action globally.
Hawaii's Supreme Court allowed a lawsuit filed by Honolulu against major companies, including Sunoco, Shell, Chevron, ExxonMobil, and BP, to proceed. These corporations, many based in Texas, argue that emissions are a national issue requiring federal jurisdiction, where they have historically succeeded in dismissing such cases. Their Supreme Court appeal was declined, leaving the matter in state court.
The companies’ legal team emphasized the case's high stakes, warning that these lawsuits could undermine a critical national industry. The American Enterprise Institute echoed these concerns, suggesting the cases might empower activists to act as de facto energy regulators.
The Biden administration supported the lawsuit remaining in state court, though it noted that companies might ultimately prevail. In contrast, the incoming Trump administration is expected to adopt policies favoring the fossil fuel industry and opposing stringent environmental laws.
Honolulu claims the companies engaged in deceptive marketing under state laws, a matter the city argues falls within state jurisdiction. Meanwhile, the Supreme Court's track record on environmental regulations under its conservative majority includes limiting the EPA’s authority in cases like the regulation of power plant emissions.
Justice Samuel Alito recused himself from the appeal, likely due to his financial ties to the companies involved. This marks another high-profile climate case amidst increasing scrutiny of corporate responsibility for environmental impacts.
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Florida Attorney General Ashley Moody will fill Marco Rubio’s Senate seat
Lawyer News |
2025/01/18 09:41
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Florida Attorney General Ashley Moody will take Marco Rubio ’s seat in the U.S. Senate, Gov. Ron DeSantis announced Thursday, making Moody only the second woman to represent Florida in the chamber.
Elected as the state’s top law enforcement officer in 2018, Moody campaigned on a pledge to voters that she’d be a prosecutor, not a politician. But along with DeSantis, she boosted her political profile during the onset of the COVID-19 pandemic, calling on the federal government to “hold China responsible” for the outbreak.
In elevating her to the post, DeSantis praised Moody as a key player in his political battles, a law and order prosecutor who’s prepared to help President-elect Donald Trump “secure and shut the border,” rein in inflation, and overhaul what he described as a federal bureaucracy “run amok.”
“I’m ready to show up and fight for this nation and fight for President Trump to deliver the America First agenda on Day 1,” Moody said during Thursday’s announcement at a hotel in Orlando.
“The only way to return this country to the people, the people who govern it, is to make sure we have a strong Congress doing its job, passing laws and actually approving the regulations that these unelected bureaucrats are trying to cram down on the American people,” she added.
Before running for statewide office, Moody worked as a federal prosecutor. In 2006, she was elected to the post of circuit judge in Hillsborough County, home to Tampa. A fifth generation native of Plant City, Florida, Moody was once named queen of the city’s famed strawberry festival. She’s a three-time graduate of the University of Florida and she and her husband, a law enforcement officer, have two sons.
As the state’s attorney general, Moody has been instrumental in defending DeSantis’ conservative agenda in court and has joined other Republican-led states in challenging the Biden administration’s policies, suing over changes to immigration enforcement, student loan forgiveness and vaccine mandates for federal contractors.
“I’m happy to say we’ve had an Attorney General that is somebody that has acted time and time again to support the values that we all share,” DeSantis said. “We in Florida established our state as a beachhead of liberty, as the free state of Florida. And she was with us every step of the way.”
Moody isn’t the state’s only AG to use the office as a stepping stone to a national post. Her predecessor, Pam Bondi, is Trump’s pick to lead the Justice Department and is testifying Thursday in the Senate.
Moody will be the second woman to represent the state in the Senate, and the first in nearly 40 years; Republican Paula Hawkins served in the chamber from 1981-1987.
With the appointment announced, Moody is poised to take office once the vacancy occurs. Rubio is expected to have broad support from Republicans as well as Democrats, and his confirmation vote could come as soon as Monday evening.
Under Florida law, it was up to the Republican governor to choose Rubio’s replacement after Trump picked the three-term senator to be his next secretary of state. Moody will serve in the Senate until the next general election in 2026, when the seat will be back on the ballot.
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