Government asks high court to hear transgender military case

Legal Business 2018/11/24 15:34   Bookmark and Share
The Trump administration asked the Supreme Court on Friday to issue an unusually quick ruling on the Pentagon's policy of restricting military service by transgender people. It's the fourth time in recent months the administration has sought to bypass lower courts that have blocked some of its more controversial proposals and push the high court, with a conservative majority, to weigh in quickly on a divisive issue.

Earlier this month, the administration asked the high court to fast-track cases on the president's decision to end the Deferred Action for Childhood Arrivals program, which shields young immigrants from deportation. Administration officials also recently asked the high court to intervene to stop a trial in a climate change lawsuit and in a lawsuit over the administration's decision to add a question on citizenship to the 2020 census.

The 9th U.S. Circuit Court of Appeals, a frequent target of criticism by President Donald Trump, is involved in three of the cases. Trump's recent salvo against the "Obama judge" who ruled against his asylum policy — not one of the issues currently before the Supreme Court — prompted Chief Justice John Roberts to fire back at the president for the first time for feeding perceptions of a biased judiciary.

Joshua Matz, publisher of the liberal Take Care blog, said the timing of the administration's effort to get the Supreme Court involved in the issues at an early stage could hardly be worse for Roberts and other justices who have sought to dispel perceptions that the court is merely a political institution, especially since the confirmation of Justice Brett Kavanaugh. At an especially sensitive moment for the Supreme Court, the Trump administration is "forcing it into a minefield that many justices would almost surely prefer to avoid," Matz said.

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New black officers, court officials rethinking US policing

Legal Business 2018/11/19 22:06   Bookmark and Share
Veteran Alabama law enforcement officer Mark Pettway grew up in a black neighborhood called “Dynamite Hill” because the Ku Klux Klan bombed so many houses there in the 1950s and ’60s.

Now, after becoming the first black person elected sheriff in Birmingham - on the same day voters elected the community’s first black district attorney - Pettway sees himself as part of a new wave of officers and court officials tasked with enforcing laws and rebuilding community trust fractured by police shootings, mass incarceration, and uneven enforcement that critics call racist.

In a state where conservative politicians typically preach about getting tough on crime, Jefferson County’s new sheriff ran and won on an alternative message. He favors decriminalizing marijuana, opposes arming school employees, supports additional jailhouse education programs to reduce recidivism and plans for deputies to go out and talk to people more often, rather than just patrolling.

“Going forward we need to think about being smarter and not being harder,” said the Democrat Pettway, 54.

While the nation’s law enforcement officers are still mostly white men, and groups including the American Civil Liberties Union and Black Lives Matter call for sweeping changes in the criminal justice system, minorities appear to be making gains nationwide.

In Pettway’s case, strong turnout by African-American voters, combined with national concern over police shootings of unarmed people of color, helped him defeat longtime Sheriff Mike Hale, a white Republican, said professor Angela K. Lewis, interim chair of political science at the University of Alabama at Birmingham. Winners in other cities attributed their success to similar factors.

Houston voters elected 17 black women as judges in the midterms. Even before the election, nearly the entire criminal justice system in the Georgia city of South Fulton, near Atlanta was run by black women, including the chief judge, prosecutor, chief clerk and public defender. They’re offering more chances for criminal defendants to avoid convictions through pre-trial programs and increased use of taxpayer-funded lawyers to protect the rights of the accused.

Chief Judge Tiffany C. Sellers of South Fulton’s municipal court said officials also explain court procedures in detail to defendants, many of whom haven’t been in court before and are scared.
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Supreme Court: Ross can't be questioned in census suit

Legal Business 2018/10/23 01:28   Bookmark and Share
The Supreme Court is siding with the Trump administration to block the questioning of Commerce Secretary Wilbur Ross about his decision to add a citizenship question to the 2020 census.

The unsigned order Monday overrides lower federal courts in New York that would have allowed the questioning of Ross to proceed in lawsuits challenging the addition of a citizenship question on the decennial census for the first time since 1950.

The suits by a dozen states and big cities, among others, say the citizenship question will discourage immigrants from participating, diluting political representation and federal dollars for states that tend to vote Democratic.

But the court is allowing the deposition of acting assistant attorney general John Gore to go forward, over the dissent of Justices Neil Gorsuch and Clarence Thomas.

A trial is scheduled to begin in New York on Nov. 5, although Gorsuch suggested in a four-page opinion that U.S. District Judge Jesse Furman could delay the proceedings. Gorsuch said he "sees no reason to distinguish between Secretary Ross' deposition and those of other senior executive officials."

Furman based his ruling requiring Ross' deposition on concerns about Ross' truthfulness in relating how the decision to add the citizenship question came about. The judge noted that Ross claimed in March, when the decision to add the citizenship question was announced, that he considered adding it after a request to do so last December from the Justice Department.
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Nevada high court says execution doctor's name stays secret

Legal Business 2018/09/10 11:54   Bookmark and Share
The name of the physician picked to attend a state inmate's execution can remain secret, even from drug makers suing to ban the use of their products in the twice-postponed lethal injection, the Nevada Supreme Court ruled Monday.

In a twist, lawyers for three pharmaceutical companies who won the right to obtain the name last week — and had promised to sue the doctor once they got it — told a judge in Las Vegas that they welcomed Monday's high court order.

Attorney Todd Bice, representing drug firm Alvogen, told Clark County District Court Judge Elizabeth Gonzalez the high court decision to protect the doctor's identity, coupled with a recent sworn statement from Nevada prisons chief James Dzurenda, bolsters companies' arguments that their business would be hurt if their drugs are used.

"We aren't going to get into the identity of the doctor. We do intend to argue strongly that having your name associated with capital punishment is harmful to reputations," Bice said. "The director testified that it would be ruinous of the doctor's reputation."

Gonzalez had ruled last week that drug companies could learn the name, but it would not be disclosed to the public.

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Rancorous, partisan start for Kavanaugh high court hearing

Legal Business 2018/09/03 23:37   Bookmark and Share
Supreme Court nominee Brett Kavanaugh declared fervently at his Senate confirmation hearing Tuesday the court "must never, never be viewed as a partisan institution." But that was at the end of a marathon day marked by rancorous exchanges between Democrats and Republicans, including dire Democratic fears that he would be President Donald Trump's advocate on the high court.

The week of hearings on Kavanaugh's nomination began with a sense of inevitability that the 53-year-old appellate judge eventually will be confirmed, perhaps in time for the first day of the new term, Oct. 1, and little more than a month before congressional elections.

However, the first of at least four days of hearings by the Senate Judiciary Committee began with partisan quarreling over the nomination and persistent protests from members of the audience, followed by their arrests.

Strong Democratic opposition to Trump's nominee reflects the political stakes for both parties in advance of the November elections, Robert Mueller's investigation of Trump's 2016 campaign and the potentially pivotal role Kavanaugh could play in moving the court to the right.

Democrats, including several senators poised for 2020 presidential bids, tried to block the proceedings in a dispute over Kavanaugh records withheld by the White House. Republicans in turn accused the Democrats of turning the hearing into a circus.

Trump jumped into the fray late in the day, saying on Twitter that Democrats were "looking to inflict pain and embarrassment" on Kavanaugh.

The president's comment followed the statements of Democratic senators who warned that Trump was, in the words of Sen. Richard Blumenthal of Connecticut, "selecting a justice on the Supreme Court who potentially will cast a decisive vote in his own case."

In Kavanaugh's own statement at the end of more than seven hours of arguing, the federal appeals judge spoke repeatedly about the importance of an independent judiciary and the need to keep the court above partisan politics, common refrains among Supreme Court nominees that had added salience in the fraught political atmosphere of the moment.
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Austrian court's approval for spy agency raid was illegal

Legal Business 2018/08/28 10:20   Bookmark and Share
Judges in Austria say a lower court's authorization for police to raid the offices of the country's domestic intelligence agency was illegal.

The regional court in Vienna said Tuesday that the search of the BVT spy agency on Feb. 28 wasn't justified because the necessary information could have been obtained if police had simply asked for it. It also ruled that the search of three BVT employees' homes wasn't warranted, though a fourth was.

The raid, which was part of a probe into alleged misconduct by BVT staff, sparked a political storm earlier this year.

Opposition parties accused the government of attempting to purge political enemies. The Vienna court ruling didn't rule on whether evidence seized in the raid should be destroyed.

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