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Supreme Court to take up LGBT job discrimination cases
Law & Court News | 2019/04/20 08:58
The Supreme Court is taking on a major test of LGBT rights in cases that look at whether federal civil rights law bans job discrimination on the basis of sexual orientation and gender identity.

The justices said Monday they will hear cases involving people who claim they were fired because of their sexual orientation and another that involves a funeral home employee who was fired after disclosing that she was transitioning from male to female and dressed as a woman.

The cases will be argued in the fall, with decisions likely by June 2020 in the middle of the presidential election campaign. The issue is whether Title VII of the federal Civil Rights Act of 1964, which prohibits sex discrimination, protects LGBT people from job discrimination. Title VII does not specifically mention sexual orientation or transgender status, but federal appeals courts in Chicago and New York have ruled recently that gay and lesbian employees are entitled to protection from discrimination. The federal appeals court in Cincinnati has extended similar protections for transgender people.

The big question is whether the Supreme Court, with a strengthened conservative majority, will do the same. The cases are the court's first on LGBT rights since the retirement of Justice Anthony Kennedy, who authored the court's major gay rights opinions. President Donald Trump has appointed two justices, Neil Gorsuch and Brett Kavanaugh.

The justices had been weighing whether to take on the cases since December, an unusually long time, before deciding to hear them. It's unclear what caused the delay.



Quest for food stamp data lands newspaper at Supreme Court
Law & Court News | 2019/04/18 09:00
In the summer of 2010, reporters at South Dakota’s Argus Leader newspaper decided to request data about the government’s food assistance program, previously known as food stamps. They thought the information could lead to a series of stories and potentially help them identify fraud in the now $65 billion-a-year program.

They sent a stream of what they thought were routine requests for information to Washington.

Government officials eventually sent back some information about the hundreds of thousands of stores nationwide where the food program’s participants could use their benefits. But the government withheld information reporters saw as crucial: how much each store received annually from the program.

Trying to get that data has taken the paper more than eight years and landed it at the Supreme Court, which will hear the case Monday.

Argus Leader news director Cory Myers, who directs a staff of 18 at the Sioux Falls paper, says getting the information is about “knowing how our government is operating” and “knowing what government is doing with our tax money.”

A supermarket trade association opposing the information’s release argues that the information being sought is confidential. The Supreme Court’s decision in the case could be narrow or could significantly affect the interpretation of a law that grants the public access to government records.

The Argus Leader is owned by USA Today publisher Gannett and is the largest newspaper in South Dakota. It wrote about the government’s initial release of information. But Jonathan Ellis, one of the reporters behind the requests, said there’s more to learn if the paper gets what it’s seeking.

Ellis said he would like to write about the companies who profit the most from the Supplemental Nutrition Assistance Program , called SNAP. He would like to analyze how successful efforts to involve farmers’ markets in the program have been. And he is still hoping to use the data to identify stores that seem like outliers, an indication of potential fraud.


Accuracy at core of Supreme Court case over census question
Top Court Watch | 2019/04/17 08:59
Justice Elena Kagan’s father was 3 years old when the census taker came to the family’s apartment on Ocean Parkway in Brooklyn, New York, on April 10, 1930.

Robert Kagan was initially wrongly listed as an “alien,” though he was a native-born New Yorker. The entry about his citizenship status appears to have been crossed out on the census form.

Vast changes in America and technology have dramatically altered the way the census is conducted. But the accuracy of the once-a-decade population count is at the heart of the Supreme Court case over the Trump administration’s effort to add a citizenship question to the 2020 census.

The justices are hearing arguments in the case on Tuesday, with a decision due by late June that will allow for printing forms in time for the count in April 2020.

The fight over the census question is the latest over immigration-related issues between Democratic-led states and advocates for immigrants, on one side, and the administration, on the other. The Supreme Court last year upheld President Donald Trump’s ban on visitors to the U.S. from several mostly Muslim countries. The court also has temporarily blocked administration plans to make it harder for people to claim asylum and is considering an administration appeal that would allow Trump to end protections for immigrants who were brought to this country as children.

The citizenship question has not been asked on the census form sent to every American household since 1950, and the administration’s desire to add it is now rife with political implications and partisan division.


6 appear in court on charges they sent mosque attack images
Attorney Blog News | 2019/04/15 10:22
Six people appeared in a New Zealand court Monday on charges they illegally redistributed the video a gunman livestreamed as he shot worshippers at two mosques last month.

Christchurch District Court Judge Stephen O’Driscoll denied bail to businessman Philip Arps and an 18-year-old suspect who both were taken into custody in March. The four others are not in custody.

The charge of supplying or distributing objectionable material carries a penalty of up to 14 years imprisonment. Arps, 44, is scheduled to next appear in court via video link on April 26.

The 18-year-old suspect is charged with sharing the livestream video and a still image of the Al Noor mosque with the words “target acquired.” He will reappear in court on July 31 when electronically monitored bail will be considered.

Police prosecutor Pip Currie opposed bail for the 18-year-old suspect and said the second charge, involving the words added to the still image, was of significant concern.

New Zealand’s chief censor has banned both the livestreamed footage of the attack and the manifesto written and released by Brenton Harrison Tarrant, who faces 50 murder charges and 39 attempted murder charges in the March 15 attacks.


Texas’ high court keeps execution drug supplier secret
Topics in Legal News | 2019/04/12 10:31
A supplier of Texas’ execution drugs can remain secret under a court ruling Friday that upheld risks of “physical harm” to the pharmacy, ending what state officials called a threat to the entire U.S. death penalty system.

The decision by the Texas Supreme Court, where Republicans hold every seat on the bench, doesn’t change operations at the nation’s busiest death chamber because state lawmakers banned the disclosure of drug suppliers for executions starting in 2015.

A lawsuit filed a year earlier by condemned Texas inmates argued that the supplier’s identity was needed to verify the quality of the drugs and spare them from unconstitutional pain and suffering. Lower courts went on to reject Texas’ claims that releasing the name would physically endanger pharmacy employees at the hands of death-penalty opponents.

Now, however, the state’s highest court has found the risks valid and ordered the identity of the supplier to stay under wraps.

“The voters of Texas have expressed their judgment that the death penalty is necessary, and this decision preserves Texas’ ability to carry out executions mandated by state law,” Republican Texas Attorney General Ken Paxton said in a statement.

The court deciding that a “substantial” risk of harm exists appeared to largely hinge on an email sent to an Oklahoma pharmacy in which the sender suggested they enhance security and referenced the bombing of an Oklahoma City federal building in 1995.

“I’m speechless with the absurdity of them relying on that singular fact to close, to keep in secret how Texas essentially carries out its execution,” said Maurie Levin, a defense attorney who helped bring the original lawsuit.

The availability of execution drugs has become an issue in many death penalty states after traditional pharmaceutical makers refused to sell their products to prison agencies for execution use. Similar lawsuits about drug provider identities have been argued in other capital punishment states.


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