Supreme Court Notebook

Court to hear Iranian bank appeal over $1.75B judgment

WASHINGTON (AP) - The Supreme Court will hear an appeal from Iran's central bank over a $1.75 billion judgment awarded to victims of terrorist attacks, including the 1983 bombing that killed 241 Marines in Lebanon.

The justices on Thursday said they will reconsider an appeals court ruling that said the judgment against Bank Markazi could be distributed to several hundred victims and families of those killed or injured in attacks sponsored by the Iranian government.

The bank had argued that seizing the assets would conflict with treaty agreements between the United States and Iran. The money is in the custody or a court-appointed trustee after President Barack Obama in 2012 ordered Iranian assets blocked, including those of Bank Markazi.

Each family was expected to receive about $5 million after attorney fees.

 

Court to review lawsuit against R.J. Reynolds

 

WASHINGTON (AP) - The Supreme Court will decide whether the European Union can pursue its lawsuit claiming that tobacco company R.J. Reynolds sponsored cigarette smuggling in Europe as part of a global money-laundering scheme with organized crime groups.

The justices agreed Thursday to review an appeals court ruling that said the EU and 26 of its member states were within their rights to sue in U.S. courts under federal racketeering laws.

The lawsuit alleges that RJR directed, managed and controlled the scheme that involved laundering money through New York-based financial institutions.

A federal judge threw out the claims, but a three-judge panel of the 2nd U.S. Circuit Court of Appeals ruled last year that racketeering laws can apply to crimes committed in foreign countries.

 

Park Service authority case goes to court

 

WASHINGTON (AP) - The Supreme Court will decide whether the National Park Service has authority to enforce federal regulations on state-owned lands and rivers in national parks in Alaska.

The justices agreed Thursday to hear an appeal from an Alaska hunter who says the park service cannot ban him from operating a hovercraft along the Nation River, which runs through the Yukon-Charley Rivers National Preserve.

John Sturgeon claims all navigable rivers within national parks in Alaska are state-owned lands and not subject to federal enforcement. But a federal judge ruled that the regulations extend to all parts of the national park system.

The 9th U.S. Circuit Court of Appeals also sided with the park service.

Alaska officials had urged the justices to take the case to protect state-owned property from federal regulation.

 

Obama supports High court review of contraception

WASHINGTON (AP) - The Obama administration is acknowledging that the Supreme Court should step into the latest battle over the president's health law.

At issue are claims from faith-affiliated charities, colleges and hospitals that object to rules allowing them to opt out of covering contraceptives for women who are part of their health plans.

The Justice Department says in a new court filing that the justices should resolve a dispute among lower courts.

The federal appeals court in St. Louis last month became the first to agree with the religious-oriented nonprofits, after seven other appellate panels sided with the administration.

The groups oppose some or all contraception as immoral. They say they remain complicit in providing government-approved contraceptives to women covered by their plans, though the organizations do not bear any financial cost.

 

Justices to review bias claim against top state justice

WASHINGTON (AP) - The Supreme Court will hear a Pennsylvania death row inmate's claim that the state high court's chief justice had a clear conflict of interest and should have stepped aside from the case.

The court on Thursday added the case of Terrance Williams to its winter argument schedule. Williams was convicted of beating a church deacon to death when he was a teenager. Williams claimed the deacon had sexually abused him.

His Supreme Court appeal turns on the role played by Ronald Castille, chief justice of the state Supreme Court until his retirement last year. Castille was Philadelphia district attorney when Williams was tried and authorized the pursuit of a death sentence against Williams.

Castille rebuffed Williams' request that he step aside from the case when it reached Pennsylvania's top court.

Williams' case came before the state Supreme Court after a lower court threw out his death sentence in 2012, five days before Williams was scheduled to be executed. The judge found that Philadelphia prosecutors withheld evidence that the victim was molesting boys.

But last year, the Pennsylvania Supreme Court unanimously reinstated the death sentence in a ruling that said Williams had the information in question and perjured himself when he claimed not to know 56-year-old deacon Amos Norwood and denied involvement in his killing.

Castille wrote a separate opinion that criticized the judge who ruled in favor of Williams and the public defenders who represented him. He also defended his former colleagues in the prosecutor's office.

The justices will consider whether Castille's decision to remain involved in the case violated Williams' rights and also whether it matters that Castille did not cast the deciding vote in the case.

The case is Williams v. Pennsylvania, 15-5040.

Published: Fri, Oct 02, 2015