Thursday, January 15, 2015

Court won't hear free speech challenge to metals dealers law

The Supreme Court won't consider the constitutionality of an Ohio law that bars precious metals dealers from advertising without a license.

The justices on Monday declined to take up an appeal from Liberty Coins, a gold and silver dealer that claims the law violates the free speech rights of businesses.

Ohio officials say the 1996 law was enacted to protect consumers from theft and help police track down stolen wedding rings, gold bracelets and other items resold at stores that buy gold and silver merchandise.

A federal judge in 2012 ruled the law unconstitutional because the state failed to prove the license requirement was effective in curbing theft, fraud and terrorism. But the 6th U.S. Circuit Court of Appeals reversed that ruling last year.

High court won't hear challenge to Vermont campaign law

The Supreme Court won't hear a challenge to part of Vermont's campaign finance laws that impose contribution limits on political action committees.

The justices on Monday declined to hear an appeal from the Vermont Right to Life Committee, an anti-abortion group. The group argued that Vermont's campaign finance registration, reporting and disclosure requirements for PACs were too broad and unconstitutional.

The group argued that a subcommittee it created should not be subject to Vermont's $2,000 limit on contributions to PACs because the subcommittee does not give money directly to candidates and makes only independent expenditures.

But a federal judge rejected those arguments, finding that there was no clear accounting between the two committees. A federal appeals court agreed.

Tuesday, January 6, 2015

Suspect in trooper shooting case heads to court

A man who eluded police for 48 days after allegedly shooting to death a state trooper and wounding another is due in court for a preliminary hearing which could decide whether his case goes to county court for trial.
 
A Pennsylvania district judge must decide Monday whether there are sufficient grounds to send the case against Eric Frein, 31, to county court.

Frein has been charged with shooting Cpl. Bryon Dickson and Trooper Alex Douglass Sept. 12 outside their state police station in northeastern Pennsylvania. He was captured Oct. 30 at an abandoned airplane hangar in the Pocono Mountains.

Authorities say Frein confessed to what he described as an assassination designed to "wake people up" and result in a change in government. Dickson was killed and Douglass was wounded.

Prosecutors are seeking the death penalty. Frein was identified as a suspect shortly after the shootings when a passer-by found his vehicle partially submerged in a small pond near the state police station.

The manhunt, with drew a large police force to the rural area, frightened residents as there were numerous reported sightings of Frein, an expert marksman. A team of federal marshals performing a systematic search stumbled across him about 30 miles from the scene of the shooting and were able to arrest him.

Idaho gay marriage fight appealed to Supreme Court

Idaho's governor and attorney general have filed separate petitions to the U.S. Supreme Court, fighting against gay marriage and arguing that the state's case has national consequences.
 
Same-sex marriage has been legal in Idaho since an October ruling by the 9th U.S. Circuit Court of Appeals, which has struck down bans across the West.

Attorney General Lawrence Wasden's filing Friday states that the issue is a matter of a state's right to define marriage without the federal government's involvement.

"This case presents the Court with the opportunity to resolve a divisive split on a question of nationwide importance: Whether the United States Constitution now prohibits states from maintaining the traditional definition of civil marriage, i.e., between one man and one woman," Wasden said in the petition.

Gov. Butch Otter's petition, filed Tuesday, states that the high court should review Idaho's case alone or in addition to a pending case involving the 6th U.S. Circuit Court of Appeals that upheld the right of Kentucky, Michigan, Ohio and Tennessee to decide whether to allow gay marriage.