Washington
Supreme Court orders Maine House to restore vote of GOP lawmaker who ID-ed trans teen athlete online
WASHINGTON (AP) — The Supreme Court on Tuesday ordered the Maine legislature to count the votes of a GOP lawmaker who was censured after she identified a transgender teen athlete in a viral social-media post.
The court majority sided with Rep. Laurel Libby, who filed an emergency appeal to restore her ability to vote while her lawsuit over the punishment plays out. There were two noted dissents, Justices Sonia Sotomayor and Ketanji Brown Jackson.
The majority did not explain its reasoning, as is typical on the court’s emergency docket. Jackson, for her part, said the case isn’t an emergency in need of Supreme Court intervention since there are no significant upcoming votes where Libby’s participation could change the outcome. She acknowledged, though, that the case “raises many difficult questions” and Libby may ultimately win.
The Democratic-controlled state House censured Libby after finding her viral post had violated its code of ethics by putting the student at risk. She was blocked from speaking and voting on the floor after she refused to apologize.
Libby has argued that the punishment violates free-speech rights. She said the court’s decision restores a voice in the Legislature for the thousands of constituents she represents. “This is a victory not just for my constituents, but for the Constitution itself,” she said.
Maine state attorneys argued that she still has other ways to participate in the legislative process, and would regain her voting power if she apologized. The Maine attorney general’s office declined to comment Tuesday. House Speaker Ryan Fecteau said the House is complying with the ruling.
“In accordance with the Supreme Court’s injunction pending appeal, Representative Libby’s ability to vote on the floor of the House has been restored until the current appeal process runs its course,” he said.
The Supreme Court’s order halts a lower court ruling that the sanction isn’t severe enough to overcome legal blocks on courts intervening with legislative functions.
Libby’s February post was about a high school athlete who won a girls’ track competition. She said the student had previously competed in boys’ track. Her post included a photo of the student and first-name identification in quotation marks.
Libby’s post went viral, preceding a public disagreement over the issue between Republican President Donald Trump and Democratic Maine Gov. Janet Mills. The Trump administration later filed a lawsuit against the state for not complying with the government’s push to ban transgender athletes.
New Mexico
Judge finds police acted reasonably in shooting man at wrong address
SANTA FE, N.M. (AP) — A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call.
The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably.
Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot.
“Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers ... the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force,” U.S. District Court Judge Matthew Garcia said in a written court opinion.
The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights.
The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a “moment of threat” when judging challenges to police shootings under the Fourth Amendment.
Tom Clark, one of the Dotson family’s attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies.
Defense attorneys said in court filings that the officers acted reasonably under “the totality of circumstances,” noting that they repeatedly knocked and announced that police had arrived and saying Dotson “posed an imminent threat of death or great bodily harm to police.”
Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings “sometimes lead to results that end up leaving you scratching your head.”
“Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,” he said. “I don’t think this is the last word in this case.”
Lawyers for Dotson’s family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, “Hey, hands up.”
According to the lawsuit, Dotson’s wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
California
Parole hearing for Menendez brothers delayed until August
LOS ANGELES (AP) — Erik and Lyle Menendez’s hearing in front of the California state parole board has been pushed back to August, their attorneys said Tuesday.
The delay comes after Gov. Gavin Newsom withdrew his request for the parole board to evaluate the brothers for clemency as they seek their freedom after 35 years behind bars for killing their parents.
The brothers were sentenced to life in prison without the possibility of parole for fatally shooting their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills mansion in 1989. They were 18 and 21 at the time.
A Los Angeles judge opened the door to freedom last week by giving the brothers a new sentence of 50 years to life, making them immediately eligible for parole under California law because they were under the age of 26 when they committed their crimes.
They initially had a clemency hearing scheduled in June, but it has since been converted to a parole suitability hearing and pushed back to Aug. 21 and 22, their lawyers said.
Scott Wyckoff, executive officer of the California Board of Parole Hearings, said in an email to attorneys on both sides that Gov. Newsom withdrew the request for a clemency investigation last Thursday in light of the judge’s resentencing decision.
The governor’s office declined to comment on the decision but noted that the clemency application was still considered active.
The brothers’ cousin, Anamaria Baralt, said in a video posted on her TikTok that the change would benefit the brothers, given that many people are not granted parole at their first hearing.
“This is not a bad thing,” Baralt said. “Most people prepare for parole for like a year ... the more time that they can have to prepare, the better.”
Oregon
Federal judge: Voter-approved pot labor law is unconstitutional
PORTLAND, Ore. (AP) — A federal judge in Oregon struck down a voter-approved measure regarding cannabis labor agreements Tuesday, ruling that it was unconstitutional.
Measure 119, which was passed by Oregon voters last year, required cannabis businesses to have a labor peace agreement with a labor organization in order to obtain or renew a license. The agreements would have required employers to remain neutral when a labor organization communicated with employees about collective bargaining rights.
U.S. District Judge Michael Simon barred enforcement of the measure, finding that it violated the free speech of cannabis business owners and was preempted by federal labor law, The Oregonian/OregonLive reported.
The National Labor Relations Act allows employers to express “any views, argument or opinion” that are not threatening or coercive without facing an unfair labor practice claim.
The lawsuit was filed by Ascend, a cannabis retailer in Portland, and Bubble’s Hash, a processor that makes edibles and concentrates also based in Portland.
State lawyers who defended the measure had argued that the measure didn’t curb speech because employers can still express opinions about unions as long as they’re neutral, The Oregonian/OregonLive reported.
Simon disagreed and entered a permanent injunction barring enforcement of the measure.
“Measure 119 is not limited to restricting only threatening, coercive, false, or misleading speech, but instead prohibits all speech by employers that is not ‘neutral’ toward unionization,” he wrote.
During a hearing last month, Simon said he recognized the “historical and valuable role” of unions and that those who work in the cannabis industry can face greater dangers than typical workers, The Oregonian/OregonLive reported. But he said he struggled with the ambiguity of the measure’s text regarding what it would allow an employer to say or do.
Oregon’s Department of Justice did not immediately respond to a message seeking comment from The Oregonian/OregonLive. It has not yet said whether the state intends to appeal Simon’s ruling.
Pennsylvania
Man charged with providing alcohol to 20-year-old who fell from PNC Park outfield wall
PITTSBURGH (AP) — A man has been charged with providing alcohol to the 20-year-old who fell from the outfield stands at a Pittsburgh Pirates game on April 30.
Ethan Kirkwood, 21, of McKeesport, Pennsylvania, was arrested Tuesday on misdemeanor charges of furnishing alcohol to a minor and has a preliminary hearing scheduled for June 23, according to court documents.
Kavan Markwood suffered serious injuries after falling from the top of a 21-foot-high wall onto the warning track at PNC Park during a game between the Pirates and the Chicago Cubs.
Markwood was admitted to the trauma center at Allegheny General Hospital in critical condition, but has made substantial progress since the fall.
Kirkwood said he bought alcohol for Markwood at the ballpark, according to a criminal complaint obtained by WTAE-TV in Pittsburgh. The complaint also says that surveillance video from PNC Park shows Kirkwood buying two 24-ounce beers before another video minutes later shows Kirkwood and Markwood together, each with one beer.
Supreme Court orders Maine House to restore vote of GOP lawmaker who ID-ed trans teen athlete online
WASHINGTON (AP) — The Supreme Court on Tuesday ordered the Maine legislature to count the votes of a GOP lawmaker who was censured after she identified a transgender teen athlete in a viral social-media post.
The court majority sided with Rep. Laurel Libby, who filed an emergency appeal to restore her ability to vote while her lawsuit over the punishment plays out. There were two noted dissents, Justices Sonia Sotomayor and Ketanji Brown Jackson.
The majority did not explain its reasoning, as is typical on the court’s emergency docket. Jackson, for her part, said the case isn’t an emergency in need of Supreme Court intervention since there are no significant upcoming votes where Libby’s participation could change the outcome. She acknowledged, though, that the case “raises many difficult questions” and Libby may ultimately win.
The Democratic-controlled state House censured Libby after finding her viral post had violated its code of ethics by putting the student at risk. She was blocked from speaking and voting on the floor after she refused to apologize.
Libby has argued that the punishment violates free-speech rights. She said the court’s decision restores a voice in the Legislature for the thousands of constituents she represents. “This is a victory not just for my constituents, but for the Constitution itself,” she said.
Maine state attorneys argued that she still has other ways to participate in the legislative process, and would regain her voting power if she apologized. The Maine attorney general’s office declined to comment Tuesday. House Speaker Ryan Fecteau said the House is complying with the ruling.
“In accordance with the Supreme Court’s injunction pending appeal, Representative Libby’s ability to vote on the floor of the House has been restored until the current appeal process runs its course,” he said.
The Supreme Court’s order halts a lower court ruling that the sanction isn’t severe enough to overcome legal blocks on courts intervening with legislative functions.
Libby’s February post was about a high school athlete who won a girls’ track competition. She said the student had previously competed in boys’ track. Her post included a photo of the student and first-name identification in quotation marks.
Libby’s post went viral, preceding a public disagreement over the issue between Republican President Donald Trump and Democratic Maine Gov. Janet Mills. The Trump administration later filed a lawsuit against the state for not complying with the government’s push to ban transgender athletes.
New Mexico
Judge finds police acted reasonably in shooting man at wrong address
SANTA FE, N.M. (AP) — A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call.
The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably.
Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot.
“Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers ... the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force,” U.S. District Court Judge Matthew Garcia said in a written court opinion.
The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights.
The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a “moment of threat” when judging challenges to police shootings under the Fourth Amendment.
Tom Clark, one of the Dotson family’s attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies.
Defense attorneys said in court filings that the officers acted reasonably under “the totality of circumstances,” noting that they repeatedly knocked and announced that police had arrived and saying Dotson “posed an imminent threat of death or great bodily harm to police.”
Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings “sometimes lead to results that end up leaving you scratching your head.”
“Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,” he said. “I don’t think this is the last word in this case.”
Lawyers for Dotson’s family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, “Hey, hands up.”
According to the lawsuit, Dotson’s wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
California
Parole hearing for Menendez brothers delayed until August
LOS ANGELES (AP) — Erik and Lyle Menendez’s hearing in front of the California state parole board has been pushed back to August, their attorneys said Tuesday.
The delay comes after Gov. Gavin Newsom withdrew his request for the parole board to evaluate the brothers for clemency as they seek their freedom after 35 years behind bars for killing their parents.
The brothers were sentenced to life in prison without the possibility of parole for fatally shooting their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills mansion in 1989. They were 18 and 21 at the time.
A Los Angeles judge opened the door to freedom last week by giving the brothers a new sentence of 50 years to life, making them immediately eligible for parole under California law because they were under the age of 26 when they committed their crimes.
They initially had a clemency hearing scheduled in June, but it has since been converted to a parole suitability hearing and pushed back to Aug. 21 and 22, their lawyers said.
Scott Wyckoff, executive officer of the California Board of Parole Hearings, said in an email to attorneys on both sides that Gov. Newsom withdrew the request for a clemency investigation last Thursday in light of the judge’s resentencing decision.
The governor’s office declined to comment on the decision but noted that the clemency application was still considered active.
The brothers’ cousin, Anamaria Baralt, said in a video posted on her TikTok that the change would benefit the brothers, given that many people are not granted parole at their first hearing.
“This is not a bad thing,” Baralt said. “Most people prepare for parole for like a year ... the more time that they can have to prepare, the better.”
Oregon
Federal judge: Voter-approved pot labor law is unconstitutional
PORTLAND, Ore. (AP) — A federal judge in Oregon struck down a voter-approved measure regarding cannabis labor agreements Tuesday, ruling that it was unconstitutional.
Measure 119, which was passed by Oregon voters last year, required cannabis businesses to have a labor peace agreement with a labor organization in order to obtain or renew a license. The agreements would have required employers to remain neutral when a labor organization communicated with employees about collective bargaining rights.
U.S. District Judge Michael Simon barred enforcement of the measure, finding that it violated the free speech of cannabis business owners and was preempted by federal labor law, The Oregonian/OregonLive reported.
The National Labor Relations Act allows employers to express “any views, argument or opinion” that are not threatening or coercive without facing an unfair labor practice claim.
The lawsuit was filed by Ascend, a cannabis retailer in Portland, and Bubble’s Hash, a processor that makes edibles and concentrates also based in Portland.
State lawyers who defended the measure had argued that the measure didn’t curb speech because employers can still express opinions about unions as long as they’re neutral, The Oregonian/OregonLive reported.
Simon disagreed and entered a permanent injunction barring enforcement of the measure.
“Measure 119 is not limited to restricting only threatening, coercive, false, or misleading speech, but instead prohibits all speech by employers that is not ‘neutral’ toward unionization,” he wrote.
During a hearing last month, Simon said he recognized the “historical and valuable role” of unions and that those who work in the cannabis industry can face greater dangers than typical workers, The Oregonian/OregonLive reported. But he said he struggled with the ambiguity of the measure’s text regarding what it would allow an employer to say or do.
Oregon’s Department of Justice did not immediately respond to a message seeking comment from The Oregonian/OregonLive. It has not yet said whether the state intends to appeal Simon’s ruling.
Pennsylvania
Man charged with providing alcohol to 20-year-old who fell from PNC Park outfield wall
PITTSBURGH (AP) — A man has been charged with providing alcohol to the 20-year-old who fell from the outfield stands at a Pittsburgh Pirates game on April 30.
Ethan Kirkwood, 21, of McKeesport, Pennsylvania, was arrested Tuesday on misdemeanor charges of furnishing alcohol to a minor and has a preliminary hearing scheduled for June 23, according to court documents.
Kavan Markwood suffered serious injuries after falling from the top of a 21-foot-high wall onto the warning track at PNC Park during a game between the Pirates and the Chicago Cubs.
Markwood was admitted to the trauma center at Allegheny General Hospital in critical condition, but has made substantial progress since the fall.
Kirkwood said he bought alcohol for Markwood at the ballpark, according to a criminal complaint obtained by WTAE-TV in Pittsburgh. The complaint also says that surveillance video from PNC Park shows Kirkwood buying two 24-ounce beers before another video minutes later shows Kirkwood and Markwood together, each with one beer.
