Supreme Court won't hear case brought by author Jon Krakauer
WASHINGTON (AP) - The educational records of a star University of Montana quarterback accused of rape will remain confidential after the Supreme Court declined to get involved in the case brought by author Jon Krakauer.
Krakauer had made a public records request for the documents in 2014 while writing the book "Missoula: Rape and the Justice System in a College Town." But Montana officials denied him access to the documents related to former University of Montana quarterback Jordan Johnson, who was accused of rape by an acquaintance in 2012.
Krakauer, the author of "Into the Wild" and "Into Thin Air," took officials to court over their denial. A lower court initially ordered Krakauer be given access to the records but the Montana Supreme Court disagreed.
Johnson was ultimately acquitted in court but a university disciplinary process had recommended expelling him. Johnson appealed his expulsion to State Commissioner of Higher Education Clayton Christian. It wasn't clear what action Christian took but Johnson remained a student. Krakauer wanted documents related to Christian's intervention.
As is typical, the Supreme Court didn't comment Monday in turning away the case.
Justices to hear Philly dispute over same-sex foster parents
WASHINGTON (AP) - The Supreme Court said Monday it will hear a dispute over a Philadelphia Catholic agency that won't place foster children with same-sex couples.
The justices will review an appeals court ruling that upheld the city's decision to stop placing children with the Archdiocese of Philadelphia's agency because it would not permit same-sex couples to serve as foster parents.
The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled the city did not target the agency because of its religious beliefs, but acted only to enforce its own nondiscrimination policy in the face of what seemed to be a clear violation.
The case will not be argued until the fall.
Among the issues the justices will take up is whether to overrule a 30-year-old Supreme Court decision that does not allow for religious exemptions from laws that apply generally and neutrally to everyone. The federal Religious Freedom Restoration Act, approved by Congress to counteract the court ruling, does not apply to state and local government action.
Philadelphia's contract with the agency, Catholic Social Services, has expired. But the agency is seeking a court order requiring the city to renew the contract.
Catholic Social Services won't certify same-sex married couples because of religious principles, and it also doesn't allow unmarried couples who live together to foster children under its program.
The agency had worked with the city for years, but its policy only came to the city's attention in March 2018, when a reporter with The Philadelphia Inquirer asked about it, the appeals court said.
The Inquirer reported that Catholic Social Services placed about 260 kids in 2017. Philadelphia has contracts with more than two dozen agencies that help find foster homes for about 5,000 children, a city spokesman said.
Supreme Court wades into battle over Atlantic Coast Pipeline
The U.S. Supreme Court is set to wade into a long-running battle between developers of a 605-mile (975-kilometer) natural gas pipeline and environmental groups who oppose the pipeline crossing the storied Appalachian Trail.
On Monday, the high court heard arguments on a critical permit needed by developers of the Atlantic Coast Pipeline.
Backed by the Trump administration, project developers Dominion Energy and Duke Energy will ask the high court to overturn a lower court that threw out a permit for the pipeline to cross two national forests, including parts of the Appalachian Trail, the historic footpath that stretches from Georgia to Maine.
The question before the Supreme Court is whether the Forest Service has the authority to grant rights-of-way through lands crossed by the Appalachian Trail within national forests.
Lawyers for Dominion and U.S. Solicitor General Noel Francisco argue in legal briefs that the U.S. Forest Service has jurisdiction over land in the George Washington National Forest, where a 0.1-mile segment of the pipeline would cross about 700 feet (215 meters) beneath the Appalachian Trail.
But the Sierra Club and other environmental groups say that because the 2,200-mile (3,540-kilometer) scenic trail is considered a unit of the National Park System, no federal agency can grant a right-of-way for the pipeline. They say only Congress can approve such a crossing.
Dominion is asking the high court to reverse a 2018 ruling from the 4th U.S. Circuit Court of Appeals finding that the Forest Service did not have the statutory authority to approve the trail crossing.
Central to the case is the Mineral Leasing Act, a 1920 federal law that governs rights-of-way through federal land for oil and gas pipelines.
The 4th Circuit said that law allows rights-of-way for pipelines on federal land, except for land in the National Park System. The court found that the trail is considered a unit of the National Park System, so the Forest Service doesn't have the authority to approve a right-of-way.
But Dominion and the federal government argue that the 1968 National Trails System Act, which designated the Appalachian Trail as a National Scenic Trail, did not transfer lands crossed by the trail to the National Park System. They say the Park Service is charged with overall administration of the trail, while the actual lands crossed by the trail within national forests remain under the jurisdiction of the Forest Service.
Published: Tue, Feb 25, 2020
