Category Archives: Courts

Brown's New California Prisons Chief: System is Providing 'Constitutional Level of Care'

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The state’s prison system has been engaged in a massive, multiyear and multibillion-dollar effort to reduce its inmate population and improve health care delivery, mandated by a federal appeals' panel in a decision upheld by the Supreme Court. If you … Continue reading »


Chevron Fined Nearly $1 Million for Refinery Fire

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SAN FRANCISCO (AP) — Chevron was fined nearly $1 million by the state on Wednesday in connection with a fire at the company's San Francisco Bay area refinery last year that sent a cloud of gas and black smoke over … Continue reading »


San Francisco Nudity Ban Upheld by Court; Read the Judge's Decision

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SAN FRANCISCO (AP) — A federal judge has cleared the way for San Francisco's ban on most displays of public nudity to take effect on Feb. 1. U.S. District Court Judge Edward Chen ruled Tuesday that the city ordinance prohibiting … Continue reading »


Sotomayor Gives Views on Affirmative Action

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by Jonathan Roisman The U.S. Supreme Court’s only Hispanic said on Monday that she often disagrees with the court’s only African American when it comes to affirmative action. Speaking on KQED’s Forum, Associate Justice Sonia Sotomayor said she is more … Continue reading »


State Challenges Federal Oversight of Prisons

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Gov. Jerry Brown is challenging federal oversight of state prisons. "The prison emergency is over," Brown said in a press conference Tuesday morning. "After decades of work, the job is now complete." He filed court documents late Monday night arguing … Continue reading »


Magistrate Refuses to Order Harborside to Stop Selling Pot

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SAN FRANCISCO (AP) — A medical marijuana dispensary that bills itself as the nation's largest has won another round in its fight to stay open amid a federal crackdown. A federal magistrate in San Francisco on Monday refused to order … Continue reading »


Judge Approves Oakland Police Dept. Settlement

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OAKLAND, Calif. (AP) — A federal judge has approved a plan to have a court-appointed director oversee the embattled Oakland Police Department. U.S. District Judge Thelton Henderson signed off on the arrangement on Wednesday. It falls short of a complete … Continue reading »


Analysis: Will SCOTUS Go Narrow or Broad on Same-Sex Marriage Rulings?

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The U.S. Supreme court has set dates for hearings on two cases concerning same-sex marriage. It will hear arguments on California's Proposition 8, which bans same-sex marriage in the state, on March 26, beginning at 7:00 a.m. Pacific time.

It will hear a challenge to the constitutionality of the federal Defense of Marriage Act, or DOMA the next day, on March 27, at the same time.

In the Proposition 8 hearing, Hollingsworth v. Perry, the court is asking parties to argue whether the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution prohibits the State of California from defining marriage as the· union of a man and a woman.

It's also asking them to present arguments on whether the people defending Proposition 8 — its sponsors — have legal standing. Normally state government officials would defend a state law that is challenged in federal court, but in this case California's governor Jerry Brown opposes the law.

DOMA prohibits the federal government from recognizing same-sex marriage for any purpose under federal laws, such as providing benefits like healthcare. In United States v. Windsor, the court is asking the parties to present arguments about whether this violates the Fifth Amendment guarantee of equal protection under the law.


Supreme Court to Review Prop. 8, Defense of Marriage Act

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The U.S. Supreme Court Building. KAREN BLEIER/AFP/Getty ImagesThe Supreme Court will take up California's ban on same-sex marriage, a case that could give the justices the chance to rule on whether gay Americans have the same constitutional right to marry as heterosexuals.

The justices said Friday they will review a federal appeals court ruling that struck down the state's gay marriage ban, though on narrow grounds. The San Francisco-based appeals court said the state could not take away the same-sex marriage right that had been granted by California's Supreme Court.

The court also will decide whether Congress can deprive legally married gay couples of federal benefits otherwise available to married people. A provision of the federal Defense of Marriage Act limits a range of health and pension benefits, as well as favorable tax treatment, to heterosexual couples.

The cases probably will be argued in March, with decisions expected by late June. Full AP story here


Oakland Police Avoid Federal Takeover, Give Up Control of Department

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Oakland police officials have agreed to surrender authority of the department's command staff to a court- appointed director. City leaders say they’re optimistic the deal with plaintiff’s attorneys and the police union will prevent a federal takeover. The department was under that threat … Continue reading »