Thursday, February 19, 2015

Spain court sentences man to 10 years for Codex theft

A Spanish court has sentenced a former electrician for Spain's famed Santiago de Compostela cathedral to 10 years in prison after convicting him of stealing a priceless 12th-century Codex Calixtinus, considered the first guide for Christians making the pilgrimage to venerate St. James.

In a ruling Wednesday, the court in A Coruna city convicted Jose Manuel Fernandez Castineiras of theft and money laundering.

Authorities found the richly-decorated Codex, which went missing in 2011, in his garage.

During the January trial, Castineiras, who is in his 60s, insisted he couldn't remember confessing to the theft.

Authorities who searched his home in 2012 also found other valuable religious works and recovered more than 1 million euros ($1.1 million).

Tens of thousands make the pilgrimage to Santiago each year.

Court says Chuck Yeager can sue Utah gun safe company

A federal appeals court says record-setting test pilot Chuck Yeager can sue a Utah gun safe company that named a line of safes after him.

The 10th U.S. Circuit Court of Appeals in Denver ruled Tuesday that the 91-year-old can sue Fort Knox Security Products over an oral agreement from the 1980s that allowed the use of his name and picture in exchange for free safes.

The decision says the arrangement ended around 2008, after Yeager's wife started asking questions about it.

The court dismissed some claims but ruled that Yeager can sue over claims that the company kept using his likeness after the agreement ended. The company disputes that accusation.

Yeager served during World War II and became the first person to break the sound barrier in 1947.

Wednesday, February 4, 2015

Two justices once open to cameras in court now reconsider

Two Supreme Court justices who once seemed open to the idea of cameras in the courtroom said Monday they have reconsidered those views, dashing even faint hopes that April's historic arguments over gay marriage might be televised.

In separate appearances, Justices Elena Kagan and Sonia Sotomayor said allowing cameras might lead to grandstanding that could fundamentally change the nature of the high court.

Sotomayor told an audience in West Palm Beach, Florida, that cameras could change the behavior of both the justices and lawyers appearing at the court, who might succumb to "this temptation to use it as a stage rather than a courtroom."

"I am moving more closely to saying I think it might be a bad idea," she said.

During her confirmation hearings in 2009, Sotomayor told lawmakers she had a positive experience with cameras and would try to soften other justices' opposition to cameras.

Speaking at the University of Chicago's Institute of Politics, Kagan told an audience that she is "conflicted" over the issue and noted strong arguments on both sides.

Kagan said that when she used to argue cases before the court as Solicitor General, she wanted the public to see how well prepared the justices were for each case "and really look as though they are trying to get it right."

But Kagan said she is wary now of anything "that may upset the dynamic of the institution."

She pointed to Congress, which televises floor proceedings, saying lawmakers talk more in made-for-TV sound bites than to each other.

Anxiety over Supreme Court's latest dive into health care

Nearly five years after President Barack Obama signed his health care overhaul into law, its fate is yet again in the hands of the Supreme Court.

This time it's not just the White House and Democrats who have reason to be anxious. Republican lawmakers and governors won't escape the political fallout if the court invalidates insurance subsidies worth billions of dollars to people in more than 30 states.

Obama's law offers subsidized private insurance to people who don't have access to it on the job. Without financial assistance with their premiums, millions of those consumers would drop coverage.

And disruptions in the affected states don't end there. If droves of healthy people bail out of HealthCare.gov, residents buying individual policies outside the government market would face a jump in premiums. That's because self-pay customers are in the same insurance pool as the subsidized ones.

Health insurers spent millions to defeat the law as it was being debated. But the industry told the court last month that the subsidies are a key to making the insurance overhaul work. Withdrawing them would "make the situation worse than it was before" Congress passed the Affordable Care Act.

The debate over "Obamacare" was messy enough when just politics and ideology were involved. It gets really dicey with the well-being of millions of people in the balance. "It is not simply a function of law or ideology; there are practical impacts on high numbers of people," said Republican Mike Leavitt, a former federal health secretary.

The legal issues involve the leeway accorded to federal agencies in applying complex legislation. Opponents argue that the precise wording of the law only allows subsidies in states that have set up their own insurance markets, or exchanges. That would leave out most beneficiaries, who live in states where the federal government runs the exchanges. The administration and Democratic lawmakers who wrote the law say Congress' clear intent was to provide subsidies to people in every state.

Wednesday, January 21, 2015

High court rejects military contractors appeals

The Supreme Court on Tuesday turned away three appeals from military contractor KBR Inc. that seek to shut down lawsuits over a soldier's electrocution in Iraq and open-air burn pits in Iraq and Afghanistan.

The justices offered no comment in allowing the lawsuits to proceed.

One lawsuit was filed by the parents of Staff Sgt. Ryan Maseth, who was electrocuted in his barracks shower at an Army base in Iraq in 2008. The suit claims KBR unit Kellogg Brown & Root Services Inc. was legally responsible for the shoddy electrical work that was common in Iraqi-built structures taken over by the U.S. military. KBR disputes that claim.

Dozens of lawsuits by soldiers and others assert they were harmed by improper waste disposal while serving in Iraq and Afghanistan. They seek to hold KBR and Halliburton Co. responsible for exposing soldiers to toxic emissions and contaminated water when they burned waste in open pits without proper safety controls.

The contractors say they cannot be sued because they essentially were operating in war zones as an extension of the military.

The Obama administration agreed with the contractors that lower courts should have dismissed the lawsuits, but said the Supreme Court should not get involved now because lower courts still could dismiss or narrow the claims.

Judicial candidates' appeals for campaign cash at high court

The Supreme Court is weighing whether candidates for elected judgeships have a constitutional right to make personal appeals for campaign cash.

The justices are hearing an appeal from Lanell Williams-Yulee of Tampa, Florida, who received a public reprimand for violating a Florida Bar rule that bans candidates for elected judgeships from personally soliciting donations.

The bar and many good government groups say the ban that is in place in Florida and 29 other states is important to preserve public confidence in an impartial judiciary.

A ruling for Williams-Yulee could free judicial candidates in those states to ask personally for campaign contributions.

In all, voters in 39 states elect local and state judges. In the federal judicial system, including the Supreme Court, judges are appointed to life terms and must be confirmed by the Senate.

The arguments are taking place five years after the Supreme Court freed corporations and labor unions to spend freely in federal elections. The court has generally been skeptical of limits on political campaigns, though slightly less so when it comes to those involving judges.

In 2002, the court struck down rules that were aimed at fostering impartiality among judges and barred candidates for elected judgeships from speaking out on controversial issues. But in 2009, the court held in a case from West Virginia that elected judges could be forced to step aside from ruling on cases when large campaign contributions from interested parties create the appearance of bias.

Thursday, January 15, 2015

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.