Word: lower-court
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REINSTATED. The right of the U.S. government to seek the death penalty against ZACARIAS MOUSSAOUI, a French citizen charged with participating in a terrorism conspiracy to attack the U.S. along with the 19 Sept. 11 hijackers; by an appeals court in Richmond, Va. The appeals panel, overturning a lower-court ruling, also said Moussaoui could have access to information from three al-Qaeda prisoners who may be able to provide evidence in his defense. Moussaoui has denied that he was part of the Sept. 11 plot...
...Texas, a lower-court judge in Beaumont allowed two men who had been wed in Vermont to dissolve their union, but he reversed himself after state attorney general Greg Abbott argued that because Texas law prohibits gay marriage, the state cannot grant a gay divorce. If mediation fails, the only other alternative, says Houston attorney Jerry Simoneaux, is district court, where a judge might, for example, divide assets according to how much each partner contributes. Family court judges can weigh what is fair. "The person who stayed at home would lose a lot," Simoneaux says...
...names floated for the post, no candidate has the President's trust like Gonzales. But the irony is that Bush may have a harder time selling his first choice to his allies than to his antagonists. Democrats, who are locked in a pitched battle with the White House over lower-court nominations, would find it tough to block the first Hispanic nominee to the high court, who has a short and unrevealing record on the bench. They might give him a hard time as payback for his treatment of them while he was White House counsel, but a rejection would...
Despite the laurels Bush wins from his base for seeding the lower courts with judges it considers ideologically correct, the Supreme Court pick is seen in a different league. "It doesn't do any good to pick good lower-court guys and throw the Supreme Court" to a moderate, says conservative activist Grover Norquist. The Supreme Court is the Holy Grail for the right and not to be bargained or traded away. The firmness of conservatives on the high court casts some doubt on one option that White House strategists are considering: elevating Scalia to Chief Justice if Rehnquist leaves...
...Banales ordered Torres not to have sex with anyone, minor or adult, until he married--or "you will go to prison for life." He expressed a fear that Torres would be a deadbeat dad. The Wisconsin Supreme Court was marginally more lenient with Oakley last week, merely sustaining a lower-court ruling that would jail him for eight years if he fathered another child without proving he could support his entire brood...