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Wisconsin court sets argument date for stay-at-home lawsuit
Top Court Watch |
2020/05/02 23:16
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The Wisconsin Supreme Court announced Friday that it will hear oral arguments early next week in a lawsuit seeking to block Democratic Gov. Tony Evers’ stay-at-home order.
The justices ruled 6-1 to accept the case and scheduled oral arguments for Tuesday morning via video conference. The arguments are expected to last at least 90 minutes.
The ruling said the court will consider whether the order was really an administrative rule and whether Palm was within her rights to issue it unilaterally. Even if the order doesn’t qualify as a rule, the court said it will still weigh whether Palm exceeded her authority by “closing all ‘nonessential’ businesses, ordering all Wisconsin persons to stay home, and forbidding all “nonessential’ travel.’”
Conservatives hold a 5-2 majority on the court. Liberal Justice Rebecca Dallet cast the lone dissenting vote. The ruling didn’t include any explanation from her.
Evers initially issued the stay-at-home order in March. It was supposed to expire on April 24 but state Department of Health Services Secretary Andrea Palm extended it until May 26 at Evers’ direction.
The order closed schools, shuttered nonessential businesses, limited the size of social gatherings and prohibits nonessential travel. The governor has said the order is designed to slow the virus’ spread, but Republicans have grown impatient with the prohibitions, saying they’re crushing the economy. |
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Black robes or bathrobes? Virus alters high court traditions
Law Firm Press Release |
2020/04/30 23:16
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The coronavirus pandemic is forcing big changes at the tradition-bound Supreme Court. The justices will hear arguments this month by telephone for the first time since Alexander Graham Bell patented his invention in 1876.
Audio of the arguments will be broadcast live by the news media, another first. This will be just the second time that the justices will meet outside the court since the Supreme Court building opened in 1935. (The discovery of anthrax in a court mailroom in 2001 forced a temporary relocation to another federal courthouse less than a mile away.)
The first argument is Monday, and the court will hear a total of 10 cases over six days. Among the cases to be argued: President Donald Trump’s bid to keep certain financial records private and whether presidential electors are required to cast their Electoral College ballots for the candidate who won their state.
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Poland's president appoints acting head of Supreme Court
Legal Opinions |
2020/04/28 23:17
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Polish President Andrzej Duda on Thursday appointed an acting head of the beleaguered Supreme Court following the retirement of its president, who had vehemently defended its independence.
The court under Malgorzata Gersdorf has been critical of the steps that the right-wing government is taking to put Poland’s judiciary under political control.
Gersdorf is retiring Thursday and a crowd is gathering before the Supreme Court to thank her for her role in defending the independence of Poland's judiciary and bid her farewell.
A court general assembly that should have chosen her successor has been put off until social distancing rules against the coronavirus spread are lifted.
President Andrzej Duda, who has the authority to appoint the new head of the court, appointed Judge Kamil Zaradkiewicz on Thursday to be the acting head.
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Supreme Court sides with government in immigration case
Law & Court News |
2020/04/26 13:19
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The Supreme Court is making it harder for noncitizens who are authorized to live permanently in the United States to argue they should be allowed to stay in the country if they've committed crimes.
The decision Thursday split the court 5-4 along ideological lines. The decision came in the case of Andre Barton, a Jamaican national and green card holder. In 1996, when he was a teenager, he was present when a friend fired a gun at the home of Barton's ex-girlfriend in Georgia. And in 2007 and 2008, he was convicted of drug possession in the state.
His crimes made him eligible to be deported, and the government sought to remove him from the country in 2016. Barton argued he should be eligible to stay. Justice Brett Kavanaugh noted in his opinion for the court's conservatives that it was important that Barton's 1996 crime took place in the first seven years he was admitted to the country.
Kavanaugh wrote that “when a lawful permanent resident has amassed a criminal record of this kind,” immigration law makes them ineligible to ask to be allowed to stay in the country. |
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Meghan's privacy case against tabloid heard at UK Court
Top Court Watch |
2020/04/24 13:19
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A preliminary hearing opened Friday at Britain’s High Court in the Duchess of Sussex’s legal action against a British newspaper that published what she describes as a “private and confidential” letter she wrote to her father.
Meghan is suing the Mail on Sunday and its parent company, Associated Newspapers, for publishing parts of an August 2018 letter she wrote to Thomas Markle. The civil lawsuit accuses the newspaper of copyright infringement, misuse of private information and violating the U.K.’s data protection law.
Associated Newspapers published sections of the letter in February last year. It denies the allegations — particularly the claim that the letter was presented in a way that changed its meaning. Lawyers for Associated Newspapers want the court to strike out parts of Meghan’s case ahead of a full trial, arguing that allegations of “dishonesty and malicious intent” should not form part of her case.
As the hearing opened via video conferencing, Anthony White, a lawyer representing the publisher, told the judge that lawyers for Meghan had made “further assertions of improper, deliberate conduct,” and that she accused the publisher of “harassing, humiliating, manipulating and exploiting” Thomas Markle.
White rejected the duchess’s allegations that the publisher had deliberately sought to “manufacture or stoke a family dispute for the sake of having a good story or stories to publish.” He said this was “irrelevant to the claim for misuse of private information”, and asked the judge to strike out that allegation.
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