If successful, the lawsuit would have far-reaching consequences as it seeks reimbursements for all ticket fines, which in Palm Coast exceed $1.35 million since 2008.
Federal Courts
Federal Judge Calls Florida’s Drug-Testing Of Welfare Recipients Unconstitutional
Judge Mary Scriven called Florida’s requirement that welfare recipients be drug-tested a violation of 4th Amendment protections against unreasonable searches, and dismissed claims that the law would save money.
Class-Action Lawsuit Calls Florida’s In-State College Tuition Restrictions Unconstitutional
American citizens who’ve lived in Florida for years and have all the documents to prove it are denied in-state tuition rights the moment they can’t prove that their parents are lawful Florida residents–an unconstitutional form of discrimination against citizens, the Southern Poverty Law Center charges in the lawsuit.
Judge Throws Out Challenge to Fair District Amendment, Panicking Motley Incumbents
Federal District Judge Ursula Ungaro rejected the argument that the anti-gerrymandering amendment allows voters to meddle in legislative redistricting. Weird alliances between incumbent Democrats and Republicans have formed to keep fighting the voter-approved amendment.
Federal Suit Filed Against Florida Law Requiring Drug Tests of Welfare Recipients
The new law requires recipients of temporary cash assistance to pay $35 to $45 for a drug test first. The ACLU charges the law stigmatizes low-income people and amounts to a suspicionless search.
In a Florida Case, 2nd U.S. Appeals Court To Rule on Health Law Strikes It Down (It’s Now 1-1)
A divided panel of the conservative 11th U.S. Circuit Court of Appeals in Atlanta, in a case from Florida, ruled health reform unconstitutional, saying it is “unprecedented, lacks cognizable limits and imperils our federalist structure.”
Dixie Check: Judge Orders Commandments Removed from County Courthouse Steps
A businessman had paid for the 6-ton monument, but a judge said its message was a clear government endorsement of religion, violating the establishment clause of the First Amendment.
Florida’s Death Penalty Ruled Unconstitutional
Judge Jose Martinez, a George W. Bush appointee, relied on a 2002 U.S. Supreme Court decision barring judges from interpreting “aggravating factors” independent of juries’ explicit findings.
Flagler Sheriff Bans Inmates From Writing Or Receiving Personal Mail Other Than Postcards
Citing savings and security, the sheriff is banning non-postcard correspondence beginning Jan. 15. The ban costs inmates money and chills their speech, a federal lawsuit filed over a similar policy in Santa Rosa County charges.
Health Care Reform Ruled Unconstitutional; Florida Judge’s Decision Up Next
Monday’s ruling doesn’t stop the roll-out of federal health care reform. Two federal judges have previously ruled the law constitutional. The U.S. Supreme Court will settle the issue by 2012 or 2013.
Prosecutorial Impotence: How Bankers Crashed the System and Got Away With It
The most popular reason offered for the dearth of financial crisis prosecutions is that the banking system was hit by a systemic and unforeseeable disaster, which means that it’s unlikely that anyone committed any crimes. Is it?
When Courts and the Justice Department Conceal, Deceive and Lie: A Gitmo Fabrication
A U.S. District Court opinion about an Al-Qaeda suspect held at Guantanamo Bay’s Gitmo prison was removed from circulation and rewritten, revealing critical alterations and insights into the Justice Department’s elaborate deceptions, which undermine the credibility of the court system.