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•  National News - Legal News
NY appeals court halts Indian cigarette tax plan

•  National News     updated  2010/09/02 15:33


The latest in a tangled series of state and federal court decisions has halted New York state's plan to collect taxes on cigarettes sold by Native American retailers to non-Indian customers.

A state appellate court judge in western New York on Wednesday restored an order stopping the collections, Gov. David Paterson's office said. An earlier order had been lifted Monday by a state judge, a decision appealed by the Seneca and Cayuga nations.

Those tribes won a separate federal court order Tuesday temporarily barring collections against them. But the state had said it would start imposing the $4.35 per pack levy on other reservation retailers starting Wednesday.

"We are disappointed today that the appellate division has stayed the implementation of our statute and regulations with respect to licensed stamping agents," Paterson spokeswoman Jessica Bassett said. "Despite this ruling, we believe the state's legal arguments are sound and we believe that ultimately the state will prevail in this matter."

The Indians' challenges are in multiple courts because they're attacking the taxation on several levels. The Senecas' federal court suit, which the Cayugas joined, seeks to invalidate the state tax law by arguing New York lacks jurisiction to regulate Indian nations within their territories. The tribes' state court challenge, meanwhile, opposes the expedited way New York tax officials chose to adopt the regulations to implement the law, not the law itself.


Utah court rejects appeal from polygamous sect

•  National News     updated  2010/08/30 08:24


Utah's Supreme Court has rejected a petition from members of a southern Utah-based polygamous sect seeking a reversal of changes made to its communal land trust.

In a ruling issued Friday, justices say members of the Fundamentalist Church of Jesus Christ of Latter Day Saints waited too long to challenge the state's intervention in the United Effort Plan Trust.

Valued at $110 million, the trust holds the property in Hildale, Utah and Colorado City, Ariz., the twin border towns where most church members live.

Utah seized the trust in 2005 after allegations of mismanagement by church leaders. A court-appointed accountant has since converted the trust into a secular entity.

FLDS members consider state control of the UEP a violation of their religious rights.


Ginsburg talks about television and the high court

•  National News     updated  2010/08/30 08:24


Supreme Court Justice Ruth Bader Ginsburg says television has profoundly changed confirmation hearings but declined to say whether she'd oppose televising arguments.

Ginsburg told a Colorado judicial conference Friday that TV has made Supreme Court confirmation hearings much longer because senators posture for cameras.

"The people on the Senate Judiciary Committee have all that free time" to stump for the audience, Ginsburg said.

Ginsburg demurred, however, on the question of televising arguments before the high court. She talked about former justices who opposed cameras.

Without naming anyone currently on the court, Ginsburg said, "When you're sitting on a collegial bench, if there is any of you who would be extremely discomforted ... you would defer to that colleague."

Ginsburg talked to several hundred judges gathered for a judicial conference of the U.S. 10th Circuit Court. The justice delivered a speech written by her recently deceased husband, Martin Ginsburg. Martin Ginsburg, a prominent lawyer in his own right, was originally scheduled to address the gathering and prepared the remarks before his death from cancer in June.

After reading the speech, she Ginsburg joined the chief jurist of Canada's Supreme Court, Beverly McLachlin, in a question-and-answer session.


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