Judge sides with Senate, says Maricopa must turn over election materials for audit

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Photo by Jerod MacDonald-Evoy | Arizona Mirror

The Maricopa County Board of Supervisors must turn over ballots and tabulation machines to Senate Republican leaders so they can conduct an audit of the 2020 general election, a judge ruled.

Maricopa County Superior Court Judge Timothy Thomason ruled on Friday that it was within the Senate’s authority to subpoena the materials and equipment so it can audit the election. The ruling brings a potential conclusion to the months-long battle between the supervisors and the Senate.

“The Court finds that the Subpoenas are legal and enforceable,” Thomason wrote in his ruling

After

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Kansas judge suspended from bench for frequent F-bombs, sexism; called Black men ‘boy’ in court

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A foul-mouthed Kansas judge accused of bigotry who cursed at courthouse employees so often that a trial clerk kept a “swear journal” documenting his obscene outbursts was on Friday suspended from the bench for one year.The Kansas Supreme Court called Montgomery County Judge F. William Cullins’ behavior “quite troubling” while meting out a punishment that was harsher than the censure and coaching that a disciplinary panel recommended last year.“He has intimidated and publicly humiliated court employees. He has shown bias and the appearance of bias by his insulting and careless remarks, even while on the bench and presiding over hearings. … Read the rest

Federal judge in Texas rules eviction moratorium is unconstitutional

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A federal judge in Texas ruled Thursday that the national eviction moratorium aimed at helping victims of the coronavirus pandemic hold onto their homes is unconstitutional.

In a 21-page ruling, Judge John Campbell Barker said the Centers for Disease Control and Prevention’s eviction moratorium is unprecedented and overbroad, and while individual states have the power to put such restrictions in place, the federal government does not.

“The federal government cannot say that it has ever before invoked its power over interstate commerce to impose a residential eviction moratorium,” Barker wrote. “It did not do so during the deadly Spanish Flu

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Eviction moratorium struck down by a Trump judge in a poorly reasoned opinion

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For nearly a year, millions of Americans who are unable to pay their rent due to the economic crisis triggered by Covid-19 have had some protections against eviction. Both the CARES Act, which became law last March, and the second Covid-19 relief bill, which was signed in December, included temporary moratoriums on many evictions.

In the interim periods when these statutory safeguards against eviction are not in effect — the CARES Act’s moratorium expired after 120 days, and the second relief bill’s moratorium expired on January 31 — the Centers for Disease Control and Prevention imposed a similar moratorium

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Justices to consider appointments clause challenge to administrative patent judges

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Case preview

The U.S. Patent and Trademark Office, home to administrative patent judges (Alan Kotok via Flickr)

The justices continue their light load for the February argument session next week. First up is Monday’s United States v. Arthrex, Inc., consolidated with both Smith & Nephew, Inc. v. Arthrex, Inc. and Arthrex, Inc. v. Smith & Nephew, Inc. The primary issue is whether the administrative patent judges of the U.S. Patent and Trademark Office were unconstitutionally appointed in violation of the Constitution’s appointments clause. The answer turns

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