Copyright 2000 Newsday, Inc.
Newsday (New York, NY)
April 4, 2000, Tuesday NASSAU AND SUFFOLK
EDITION
SECTION: NEWS; Page A39
LENGTH: 485 words
HEADLINE:
COURT TO EYE LEGAL-FUNDING LAWS
BYLINE: By Gaylord
Shaw. WASHINGTON BUREAU
BODY:
Washington-The Supreme Court agreed yesterday to review a controversy over
whether Congress can restrict activities of government- funded lawyers who
represent welfare recipients.
The case, originating in New York, was
carried to the highest court by the Clinton administration and the Legal
Services Corp., which distributes federal funds for lawyers who work
for legal firms or public-interest law firms bringing appeals for individual
poor clients.
The Republican-controlled Congress in 1996 adopted
legislation prohibiting lawyers funded by Legal Services from challenging state
welfare laws in cases they file for these clients. The law was challenged in
federal court in New York in 1997 by legal services lawyers and their clients,
who argued it violated their First Amendment constitutional rights to free
speech and association. A U.S. District Court judge upheld the law, and the 2nd
U.S. Circuit Court of Appeals affirmed most of the lower court ruling.
The high court announced, without elaboration, that it will accept legal
briefs and hear oral arguments late this year on the controversy, with a
decision likely earlier next year.
The justices also added one other
case to the docket they will consider in the new term opening in October,
agreeing to use an appeal from Alabama to determine how and when federal courts
should get involved in enforcing business contracts that require arbitration as
the method for settling disputes.
Meanwhile, in what was viewed as a
surprise move, the high court denied a request by the Clinton administration's
Solicitor General to join in oral arguments April 25 when the justices are
considering a Nebraska case that could determine the legality of laws in 30
states banning a surgical procedure opponents call "partial-birth abortion."
Such requests from the federal government's top Supreme Court litigator
usually receive routine approval. The justices offered no explanation for
yesterday's denial. President Bill Clinton has twice vetoed similar federal
measures passed by Congress.
In other action before beginning a two-week
recess, the justices:
Turned aside an appeal of a lower court decision
upholding the constitutionality of a Tennessee law intended to help law
enforcement and the public keep track of anyone ever convicted of a sex crime.
Thirty states have similar laws.
Rejected an appeal of a ruling in a
Florida case that makes it far more difficult for landowners to get compensated
when government regulation prevents them from developing their land.
Affirmed a decision by a federal appeals court in New Orleans, killing a
class-action lawsuit accusing three companies of conspiring to raise the price
of baby formula. The vote was 4-4, with Justice Sandra Day O'Connor recusing
herself because she holds stock in one of the companies.
LOAD-DATE: April 4, 2000
