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It's a decision that could mark a dramatic shift in the delicate balance of power between branches of state government.
The court ruled that the state violated Bond's First Amendment rights, and he was seated in the Georgia House.
"What was most important for the court was that he had been duly elected by his constituents," Tobias said. involvement in Vietnam.
Jim McMahon, a Sioux Falls lawyer hired to represent the Senate in the Sutton matter, said there are "subtle differences" between the Powell case and in how the Senate plans to proceed with Sutton. For one thing, Powell was excluded from taking his seat; Sutton wasn't.
in the Senate's review of Sutton. The justices will decide whether a lower court can intervene in the affairs of the Legislature.
At the center of the argument are two sections of the state Constitution. One section states that, "Each house shall be the judge of the election returns and qualifications of its own members."
When a circuit court judge in Moody County halted the hearings, the Supreme Court intervened at the request of Attorney General Larry Long, who represents the Senate.
From here, it's anyone's guess. But one thing is certain: The decision is likely to have far reaching consequences beyond simply the matter at hand with Sutton.
"This is a hugely important decision," Long said Friday.
The high court last week jumped into the fracas between Sutton, a Flandreau Democrat accused of groping a high school page, and the state Senate, which was marching forward with plans to hold a disciplinary hearing to investigate the accusation.
If the Supreme Court sides with the Senate, Sutton's disciplinary hearing will go on. If it sides with Sutton's lawyers, lawyers for the Senate will be in circuit court Friday to explain why the Reebok Exofit Hi Mens
Senate has the power to discipline its members. Tuesday. The Senate must respond by Saucony Originals Grid 9000
"There are all kinds of delicate separation of power questions and whether the judicial branch would feel it was interfering with the legislative branch," Tobias said. Rep. Adam Clayton Powell of New York. Powell was the subject of a congressional investigation into his use of House funds. In 1967, the House voted to bar him from taking his seat, even though Powell had been re elected. Supreme Court found that Powell met the qualifications detailed in the Constitution to hold office, and the court ruled that the House should not have excluded Powell from taking his seat.
Senate leaders and their lawyers argue the section allows them to judge the behavior of members, and to expel them if necessary.
The other section states that no person who has been convicted of "bribery, perjury, or other infamous crime" is eligible to serve in the Legislature.
Sutton has Saucony Freedom Iso Black never been charged with a crime, and therefore, his lawyers argue, he can't be expelled from the Senate. Although, to this point, nobody has recommended he be expelled.
Sutton's lawyers, Michael Butler and Patrick Duffy, could not be reached Friday. But when they asked the circuit court to stop the disciplinary hearings, their application included references to the Powell and Bond cases.
Sutton's fate now before two courts
Interpreting two sections of state Constitution
noon Wednesday. The justices plan to have a decision before Friday.
The Supreme Court ruling this week will do more than determine the next step Reebok Alien Stomper
The Senate's lawyers say those cases aren't pertinent with regard to Sutton.
Separation of powers at issue, state argues
Carl Tobias, a professor at the University of Richmond School of Law in Virginia, said legislatures are equal branches of government, and courts usually are reluctant to get involved in disputes about member qualifications.
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