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Kansas court OKs school funding law but keeps lawsuit open
Court Watch | 2019/06/13 09:38
The Kansas Supreme Court signed off Friday on an increase in spending on public schools that the Democratic governor pushed through the Republican-controlled Legislature, but the justices refused to close the protracted education funding lawsuit that prompted their decision.

The new school finance law boosted funding roughly $90 million a year and was enacted in April with bipartisan support. The court ruled that the new money was enough to satisfy the Kansas Constitution but also said it was keeping the underlying lawsuit open to ensure that the state keeps its funding promises.

"The State has substantially complied with our mandate," the court said in its unsigned opinion, referencing a decision last year that the state wasn't spending enough.

Gov. Laura Kelly had hoped the Supreme Court would end the lawsuit, which was filed by four local school districts in 2010. The districts' attorneys argued the new law would not provide enough new money after the 2019-20 school year and wanted the court to order additional increases.

Kansas spends more than $4 billion a year on its public schools — about $1 billion more than it did during the 2013-14 school year — because of the court's decisions. Some Republican lawmakers, particularly conservatives, have complained that the court has infringed on lawmakers' power under the state constitution to make spending decisions.


Former FIFA official to challenge life ban at sports court
Court Watch | 2019/06/11 14:09
Former FIFA Council member Kwesi Nyantakyi will challenge his life ban from soccer for financial corruption at the Court of Arbitration for Sport next month.

The court says the hearing is on July 4. Verdicts typically follow within a few months.

Nyantakyi was filmed by a Ghanaian television program accepting $65,000 in cash from undercover reporters posing as businessmen seeking favors.

He resigned days before the 2018 World Cup as the senior vice president of African soccer's governing body and president of Ghana's soccer federation.

Nyantakyi also left FIFA's ruling committee, which paid an annual $250,000 stipend. He was one of Africa's elected delegates since 2016.



Brazil's supreme court votes to make homophobia a crime
Court Watch | 2019/05/23 14:41
A majority in Brazil's supreme court has voted to make homophobia and transphobia crimes like racism, a decision coming amid fears the country's far-right president will roll back LGBT social gains.

Six of the Supreme Federal Tribunal's 11 judges have voted in favor of the measure. The five other judges will vote in a court session on June 5, but the result will not be modified. The measure will take effect after all the justices have voted.

Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.

Brazil's Senate is dealing with a bill to criminalize discrimination based on sexual orientation or gender with sentences of up to five years.

"Racism is a crime against flesh and blood, whether it is a member of the LGBT community, a Jew or an Afro-descendant," justice Luiz Fux said Thursday.


Supreme Court conservatives attack lame-duck arguments
Court Watch | 2019/05/15 08:43
Conservative justices who control the Wisconsin Supreme Court attacked liberal groups' claims Wednesday that Republican legislators met illegally when they passed laws limiting Democratic Gov. Tony Evers' and Attorney General Josh Kaul's powers during a lame-duck session last year, saying the Legislature can decide when it wants to meet.

That lame-duck session led to multiple legal challenges, including one by a coalition of liberal groups led by the League of Women Voters.

The coalition contends that the lame-duck session was illegal because the Legislature convened the vote as a so-called extraordinary session. Such sessions are previously unscheduled floor votes initiated by majority party leaders. The coalition maintains that the Wisconsin Constitution allows lawmakers to convene only at times laid out in a resolution they pass at the beginning of every two-year period or at the governor's call.

Dane County Circuit Judge Richard Niess agreed in March and invalidated all the laws passed during the lame-duck session. Republican lawmakers asked the Supreme Court to overturn that ruling.

The justices held oral arguments in the case Wednesday morning. The Republicans' attorney, Misha Tseytlin, began the proceeding by arguing that the Legislature can convene whenever it wishes.

The coalition's attorney, Jeffrey Mandell, argued that state law doesn't provide for extraordinary sessions. Justice Rebecca Bradley immediately cut him off, saying the Legislature has been meeting in extraordinary sessions for 40 years and no one has ever argued they were illegal. Mandell responded that sometimes it takes a "catalyzing event" to trigger a challenge.



Georgia high court to hear appeal in election challenge
Court Watch | 2019/05/06 10:06
Georgia's outdated voting machines are in the spotlight as election integrity advocates try to convince the state's highest court that a judge shouldn't have dismissed a lawsuit challenging the outcome of November's race for lieutenant governor.

The lawsuit says tens of thousands of votes were never recorded in the race and the contest was "so defective and marred by material irregularities" as to place the result in doubt. It contends an unexplained undervote in the race was likely caused by problems with the state's paperless touchscreen voting machines.

Republican Geoff Duncan beat Democrat Sarah Riggs Amico by 123,172 votes to become lieutenant governor. Amico is not a party to the lawsuit, which was filed in November by the Coalition for Good Governance, an election integrity advocacy organization; Smythe Duval, who ran for secretary of state as a Libertarian; and two Georgia voters. It was filed against Duncan and election officials.

A judge dismissed the lawsuit in January. In an appeal to the Georgia Supreme Court, lawyer Bruce Brown argues the judge erred by not allowing discovery prior to trial. But even without evidence that might have turned up in discovery, it's clear that the election was flawed enough to "place in doubt the result," he wrote.


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