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Supreme Court: Arizona law requiring citizenship proof for voters is illegal - Fox News Posted: 17 Jun 2013 08:19 AM PDT WASHINGTON – The Supreme Court ruled Monday that states cannot on their own require would-be voters to prove they are U.S. citizens before using a federal registration system designed to make signing up easier. The justices voted 7-2 to throw out Arizona's voter-approved requirement that prospective voters document their U.S. citizenship in order to use a registration form produced under the federal "Motor Voter" voter registration law. Federal law "precludes Arizona from requiring a federal form applicant to submit information beyond that required by the form itself," Justice Antonia Scalia wrote for the court's majority. The court was considering the legality of Arizona's requirement that prospective voters document their U.S. citizenship in order to use a registration form produced under the federal "motor voter" registration law. The 9th U.S. Circuit Court of Appeals said that the National Voter Registration Act of 1993, which doesn't require such documentation, trumps Arizona's Proposition 200 passed in 2004. Arizona appealed that decision to the Supreme Court. "Today's decision sends a strong message that states cannot block their citizens from registering to vote by superimposing burdensome paperwork requirements on top of federal law," said Nina Perales, vice president of litigation for the Mexican American Legal Defense and Educational Fund and lead counsel for the voters who challenged Proposition 200. "The Supreme Court has affirmed that all U.S. citizens have the right to register to vote using the national postcard, regardless of the state in which they live," she said. The case focuses on Arizona, which has tangled frequently with the federal government over immigration issues involving the Mexican border. But it has broader implications because four other states -- Alabama, Georgia, Kansas and Tennessee -- have similar requirements, and 12 other states are contemplating such legislation. Justices Clarence Thomas and Samuel Alito dissented from the court's ruling. The Constitution "authorizes states to determine the qualifications of voters in federal elections, which necessarily includes the related power to determine whether those qualifications are satisfied," Thomas said in his dissent. Opponents of Arizona's law see it as an attack on vulnerable voter groups such as minorities, immigrants and the elderly. They say they've counted more than 31,000 potentially legal voters in Arizona who easily could have registered before Proposition 200 but were blocked initially by the law in the 20 months after it passed in 2004. They say about 20 percent of those thwarted were Latino. Barbara Arnwine, president and executive director of the Lawyers' Committee for Civil Rights Under Law, called the decision a victory. "The court has reaffirmed the essential American right to register to vote for federal election without the burdens of state voter suppression measures," she said. But Arizona officials say they should be able to pass laws to stop illegal immigrants and other noncitizens from getting on their voting rolls. The Arizona voting law was part of a package that also denied some government benefits to illegal immigrants and required Arizonans to show identification before voting. The federal "motor voter" law, enacted in 1993 to expand voter registration, requires states to offer voter registration when a resident applies for a driver's license or certain benefits. Another provision of that law -- the one at issue before the court -- requires states to allow would-be voters to fill out mail-in registration cards and swear they are citizens under penalty of perjury, but it doesn't require them to show proof. Under Proposition 200, Arizona officials require an Arizona driver's license issued after 1996, a U.S. birth certificate, a passport or other similar document, or the state will reject the federal registration application form. While the court was clear in stating that states cannot add additional identification requirements to the federal forms on their own, it was also clear that the same actions can be taken by state governments if they get the approval of the federal government and the federal courts. Arizona can ask the federal government to include the extra documents as a state-specific requirement, Scalia said, and take any decision made by the government on that request back to court. Other states have already done so, Scalia said. The Election Assistance Commission "recently approved a state-specific instruction for Louisiana requiring applicants who lack a Louisiana driver's license, ID card or Social Security number to attach additional documentation to the completed federal form," Scalia said. The case is 12-71, Arizona v. Inter Tribal Council of Arizona, Inc. |
UPDATE 2-US justices say FTC can challenge deals that keep generic drugs off ... - Reuters Posted: 17 Jun 2013 08:51 AM PDT
By Lawrence Hurley and Diane Bartz (Reuters) - The U.S. Supreme Court ruled on Monday that regulators can challenge the deals brand-name drug companies make with generic rivals that delay cheaper products from going on the market, deals that regulators say boost total costs of the medicines by billions of dollars. In a 5-3 vote, with Justice Samuel Alito recused, the court said the Federal Trade Commission can challenge a deal it was examining. But the court declined the FTC's request to declare the deals to be presumed to be illegal. The companies involved in the deal the court was examining were brand-name drug maker Solvay Pharmaceuticals Inc, now owned by AbbVie ; and generic makers Actavis Inc, previously Watson Pharmaceuticals; Paddock Laboratories Inc, now part of Perrigo Co, and Par Pharmaceutical Cos . In the deals in question, which regulators have branded "pay-for-delay," brand-name manufacturers settle patent infringement litigation by paying generic manufacturers to stay out of the market for a specified period. The Federal Trade Commission has fought the practice in court for more than a decade. In the case before the court, Solvay sued generic drugmakers in 2003 to stop the sale of cheaper versions of AndroGel, a gel used to treat men with low testosterone. In a settlement of the lawsuit, Solvay paid as much as $30 million annually to the generic drug makers to help preserve its annual profits from AndroGel, estimated at $125 million. Under the deal, the three would keep their generic versions off the market until 2015. The patent expires in 2020. The FTC filed a lawsuit against the companies in 2009, arguing that the companies had simply split up Solvay's monopoly profits and prevented the generic firms from bringing out a cheaper version of the drug. The FTC lost at the district court level, and that loss was affirmed by 11th Circuit Court of Appeals. The Supreme Court overturned the appeals court ruling and sent the case back to the lower courts for further proceedings. POTENTIAL HARM TO COMPETITION In his opinion for the majority, Justice Stephen Breyer wrote that the deals have the potential to hurt competition. "Settlement on the terms said by the FTC to be at issue here - payment in return for staying out of the market - simply keeps prices at patentee-set levels, potentially reducing the full patent-related $500 million monopoly return while dividing that return between the challenged patentee and the patent challenger," Breyer wrote. "The patentee and the challenger gain; and the consumer loses." The court said that not all such deals were illegal, suggesting that drug companies may be able to show that some pay for delay deals are legal under the "rule of reason," the opinion said. Spokesmen for AbbVie, Paddock and Par were not immediately available for comment. The FTC also had no immediate comment. The case is Federal Trade Commission v. Watson Pharmaceuticals Inc et al, U.S. Supreme Court, No. 12-416. |
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