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Court: Florida Docs Allowed to Ask Patients About Guns
Law Firm News | 2017/02/21 14:10
A federal appeals court has cleared the way for Florida doctors to talk with patients about whether they own guns.

The 11th U.S. Circuit Court of Appeals ruled Thursday that key provisions of a 2011 law that restricted such speech violate the First Amendment.

Three-judge panels of the same court had issued conflicting rulings in a long-running challenge to the law brought by 11,000 medical providers and others. The case has become known as Docs vs. Glocks.

Backed by Gov. Rick Scott, the law prohibited doctors from asking patients about gun ownership unless it was medically necessary. Doctors say asking about guns is a safety issue and could save lives.

While ruling that much of the law violates free-speech rights, the court said some parts could remain in place.


Trial court election changes considered by North Carolina House
Politics & Legal | 2017/02/20 14:11
Some Republicans are set on returning all North Carolina state judicial elections to being officially partisan races again.

A law quickly approved in December during a special election directed statewide races for Supreme Court and Court of Appeals to become partisan starting in 2018. Now the state House scheduled floor debate Wednesday on legislation extending that to local Superior Court and District Court seats next year, too.

Having partisan races means candidates run in party primaries to reach the general election. Unaffiliated candidates could still run but would have to collect signatures to qualify.

Judicial races shifted to nonpartisan elections starting in the mid-1990s in part as an effort to distance judicial candidates from politics. But Republicans today say party labels help give voters some information about the candidates.



Court: Missouri not required to name execution drug's source
Lawyer Blog Post | 2017/02/20 14:10
A Missouri appellate court has ruled that the state's prison officials aren't obligated to publicly reveal the source of the drug used to execute prisoners.

The appellate court's Western District decided Tuesday to overturn a 2016 trial court ruling that found the state wrongly withheld documents that would identify pharmaceutical suppliers, The Kansas City Star reported.       

The appeals court agreed with the state that a law that protects the identity of the state's execution team applies to those who supply the execution drug pentobarbital.

Major drug companies for the past several years have refused to allow their drugs to be used in executions. Missouri and many other active death penalty states refuse to disclose the source of their drugs, though the sources are widely believed to be compounding pharmacies ? organizations that make drugs tailored to the needs of a specific client. Those pharmacies do not face the same approval process or testing standards of larger pharmaceutical companies.

The appeals court ruling said that disclosing the identities of "individuals essential to the execution process" could hinder Missouri's ability to execute the condemned.

Several states also are facing legal challenges to lethal injection practices. Just last month, a federal judge found Ohio's latest lethal injection procedure unconstitutional while Texas sued the Food and Drug Administration over execution drugs that were confiscated in 2015. In Oklahoma last year, a grand jury criticized state officials charged with carrying out executions, describing a litany of failures and avoidable errors.



Wisconsin Supreme Court to hear open meetings case
Lawyer Blog Post | 2017/02/15 10:03
The Wisconsin Supreme Court is to hear arguments in a case that could give school boards and other governmental bodies a way around the open meetings law.

The case up for argument Wednesday focuses on whether meetings of a committee created by employees of the Appleton Area School District to review books for use in a ninth grade class should have been open to the public.

More broadly the court will examine whether committees created in the same way that the one in Appleton was brought together allows them to be exempt from the law.

John Krueger, whose son attends the Appleton district, argued in a lawsuit that the review committee broke the state open meetings law by not posting a public notice of its meetings or allowing the public to attend. But the Waupaca County Circuit Court and state appeals court both sided with the district, setting up Krueger's appeal to the state Supreme Court.

Krueger raised concerns in 2011 about references to suicide and sex in the book "The Body of Christopher Creed" that students in a freshman communications arts class read. Krueger requested that an alternative class be offered that included books that had no profanity, obscenities or sexualized content.

Appleton's superintendent, Lee Allinger, asked two members of the district's department that handles curriculum and instruction to respond to Krueger's concerns. Those employees formed a 17-member committee including district administrators, teachers and staff to evaluate books used in the course.


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