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Supreme Court declines to take up 'Dreamers' case for now
Attorney Blog News |
2018/02/24 10:45
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The Supreme Court on Monday rejected the Trump administration's highly unusual bid to bypass a federals appeals court and get the justices to intervene in the fate of a program that protects hundreds of thousands of young immigrants from deportation.
The decision affecting "Dreamers" means the case will almost certainly have to work its way through the lower courts before any Supreme Court ruling is possible. And because that could take weeks or months, Monday's decision also is likely to further reduce pressure on Congress to act quickly on the matter.
The ruling on the Obama-era Deferred Action for Childhood Arrivals program, or DACA, wasn't unexpected.
Justice Department spokesman Devin O'Malley acknowledged that the court "very rarely" hears a case before a lower appeals court has considered it, though he said the administration's view was "it was warranted" in this case.
O'Malley said the administration would continue to defend the Homeland Security Department's "lawful authority to wind down DACA in an orderly manner."
DACA has provided protection from deportation and work permits for about 700,000 young people who came to the U.S. as children and stayed illegally.
Last fall, Trump argued that Obama had exceeded his executive powers when he created the program. Trump gave lawmakers until March 5 to send him legislation to renew the program.
But in recent weeks, federal judges in San Francisco and New York have made Trump's deadline temporarily moot. They've issued injunctions ordering the Trump administration to keep DACA in place while courts consider legal challenges to Trump's termination of the program.
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Delay in Nevada gun buyer law draws protests at court debate
Top Court Watch |
2018/02/23 10:44
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A lawyer seeking a court order to enforce a Nevada gun buyer screening law that has not been enacted despite voter approval in November 2016 blamed the state's Republican governor and attorney general on Friday for stalling the law.
"For either personal or political reasons," attorney Mark Ferrario told a state court judge in Las Vegas, Gov. Brian Sandoval and GOP state Attorney General Adam Laxalt "chose to stand back and really do nothing."
Nevada Solicitor General Lawrence Van Dyke countered that the law was fatally flawed as written because it requires Nevada to have the FBI expend federal resources to enforce a state law.
"State officials here have not tried to avoid implementing the law," Van Dyke said. "They have negotiated (and) talked with the FBI, and the FBI said no, four times."
Clark County District Court Judge Joe Hardy Jr. made no immediate ruling after more than 90 minutes of arguments on an issue that drew about 25 sign-toting advocates outside the courthouse calling for enactment of the measure.
"The people have spoken," said protest speaker Peter Guzman, president of the Las Vegas Latin Chamber of Commerce. "To deny that voice is to deny democracy."
Some speakers, including Democratic state Assemblywoman Sandra Jauregui, cited the slayings of 58 people by a gunman firing assault-style weapons from a high-rise casino shot into an concert crowd on the Las Vegas Strip last Oct. 1. Jauregui was at the concert.
Others pointed to gun-control measures being debated nationally following a shooting that killed 17 people last week at a school in Parkland, Florida.
In the courtroom, Ferrario referred to what he called a "movement toward increasing gun checks," while the Nevada law has stalled.
"This loophole that the citizens wanted to close remains open because the governor has failed to take appropriate action," the plaintiffs' attorney said.
Sandoval spokeswoman Mari St. Martin dismissed the accusations as "political posturing." She said the initiative specifically prohibits the state Department of Public Safety from handling background checks, leaving "no clear path forward" to enactment. |
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Court leaves black judge on case against white officer
Top Court Watch |
2018/02/21 10:45
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The Alabama Supreme Court is refusing to make a black judge quit the case of a white police officer charged with murder in the shooting death of a black man.
The justices without comment Friday turned down a request from officer Aaron Cody Smith of the Montgomery Police Department.
Smith is charged in the shooting death two years ago of 58-year-old Greg Gunn, who authorities say was walking in his neighborhood when Smith shot him.
Defense attorneys sought a new judge based on social media posts of Circuit Judge Greg Griffin, who wrote about being stopped by police because he is black.
Griffin refused to step aside and accused the defense of injecting race into the case. Smith's lawyers appealed.
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Catalan politicians in Spanish court in secession probe
Top Court Watch |
2018/02/19 22:51
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Two prominent Catalan politicians are testifying before a Supreme Court judge for their roles in holding a banned independence referendum and making an illegal declaration of independence based on its results.
Judicial police have identified left-republican ERC party's secretary-general, Marta Rovira, and conservative PDeCAT's president, Marta Pascal, as key players in the secession bid in October.
The Spanish government responded by disbanding the regional government and calling a new Catalan election. Separatist parties have since been entangled in endless negotiations on how to form a new government.
Judge Pablo Llarena could decide after Monday's hearing whether to send the two politicians to jail while the investigation continues.
Other separatist leaders have been jailed and five former Catalan Cabinet members, including ex-president Carles Puigdemont, have fled to Belgium.
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Courts: Bail reform working, but sustainable funding needed
Topics in Legal News |
2018/02/19 22:51
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The number of defendants being held before trial since New Jersey overhauled its bail system last year dropped by 20 percent, but the judge overseeing the program says it faces financial difficulties.
A report submitted last week by Judge Glenn Grant, who runs the state's court system, also shows the program faces financial difficulties because it relies on court fees instead of a "stable sustainable funding stream."
Proponents say the reforms championed by former Republican Gov. Chris Christie keep violent offenders detained until trial while providing poor, low-level defendants the opportunity to be freed.
But critics — including some lawmakers, law enforcement officials and the bail bond industry — say it has led to the quick release of some who weren't deemed a threat but were soon re-arrested on new charges.
The data shows 44,319 people were issued complaint warrants in New Jersey last year. Prosecutors sought to have 19,366 defendants detained until trial, but only 8,043 of those people were ordered held.
That means the state's pretrial jail population dropped by 20 percent from January 2017 to January 2018, and by 35 percent from January 2015 to January 2018.
At least two lawsuits have been filed seeking to overturn the changes, including one from a group backed by reality TV star Dog the Bounty Hunter.
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