Voter status litigation, jury racial bias, and veterans’ disability claims in North Carolina
Petition this week
September 3, 2021
West wall frieze
This week, we focused on the certification petition for the Supreme Court to consider, including whether two North Carolina legislators can intervene in a case challenging the state’s voter status law, and whether blacks on death row may propose new racial prejudice. The evidence is in his jury selection and whether veterans can seek disability benefits denied by previously denied regulatory explanations.
Berger v. National Association for the Advancement of Colored People, North Carolina Conference Addresses the ability of North Carolina lawmakers to protect the state’s voter status law from litigation under the Constitution and the Voting Rights Act. After the plaintiff challenged the law, the president pro tempore of the state senate and the state house of representatives tried to intervene in the case as state agents in accordance with state laws. The entire U.S. Court of Appeals for the Fourth Circuit finally confirmed that the district court denied the legislator’s attempt on the grounds that the state attorney general fully defended the law. Legislators argued in their petition that the court was divided on whether officials seeking to intervene in cases under state law must prove that the state’s interests were not adequately represented.
exist Broadnex v. PumpkinJames Brodnax asked the Supreme Court to review the lower court’s decision, which prevented him from introducing evidence that might prove racial prejudice in the trial. Federal law limits the scope of arguments that the federal courts can consider that prisoners have not put forward in state courts. In the Broadnax case, a Texas court has dismissed his challenge that racial prejudice tainted his trial. In the trial, an almost all white jury found him, a black man, murdered. Two white victims were killed. Since his country’s challenge, the prosecutor’s office has disclosed to Broadnax’s lawyers the Broadnax jury selection document it earlier claimed to have privileges. These documents include electronic forms that identify potential jurors by race (the state has already selected every black potential juror from the jury). However, neither the District Court nor the U.S. Court of Appeals for the Fifth Circuit considered Broadnax’s new evidence because it was not part of the state court records. Broadnax argued that the Supreme Court is undecided on whether the new evidence can allow new arguments to be presented in federal court.
In the 1970s, the Department of Veterans Affairs rejected Kevin George’s disability benefit claim under a VA regulation that the U.S. Court of Appeals for the Federal Circuit later rejected because it contradicted the clear statutory text. Since then, George has sought to overturn the denial of his claims by using “unambiguous errors” as the standard. The Federal Circuit rejected George’s argument on the grounds that Virginia applied the laws that existed at the time. In his petition, George retorted that the Federal Court’s interpretation of the clear statute was not just a change in interpretation, but an announcement of the law’s historical meaning.The situation is George v. McDonough.
These and others Petition this week as follows:
SNH SE Ashley River Tenant, LLC v. Arredondo
problem: Does the Federal Arbitration Act take precedence over the arbitration specific method of the South Carolina Supreme Court to interpret the comprehensive power of attorney to exclude the power of the agent to agree to arbitrate future claims?
George v. McDonough
problem: When the Department of Veterans Affairs rejected a veteran’s welfare requirements based on an agency’s interpretation, the interpretation was later deemed invalid based on the clear text of the statutory provisions that were in effect at the time of rejection. Whether this is a “clear and unambiguous error”, veterans may These mistakes will be invoked to question VA’s decision.
Berger v. National Association for the Advancement of Colored People, North Carolina Conference
problem: (1) Whether the state agent authorized by state law to defend the national interest in litigation must overcome the presumption of adequate representation in order to intervene in the case where the state official is the defendant; (2) Whether the district court has in ruling on the intervention motion Whether the decision of full representation is to re-examine or abuse the discretionary power; (3) Whether the petitioner, Philip Berg, Speaker of the State Senate and Timothy Moore, Speaker of the State House of Representatives, have the right to intervene in this lawsuit.
Broadnex v. Pumpkin
problem: Yes, down 28 USC § 2254(d) with Karen v. Pinholst, The federal habeas corpus petitioner can provide evidence of the prosecutor’s intent to discriminate against Batson v Kentucky When the petitioner cannot obtain evidence during the state court Batson litigation.