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Mother of Supreme Court Chief Justice Roberts dies at age 90
Legal Blog News | 2020/01/03 09:31
Rosemary Roberts, the mother of Supreme Court Chief Justice John Roberts, has died. She was 90. A spokeswoman for the court said Rosemary Roberts died Saturday. Roberts was born Rosemary Podrasky in Johnstown, Pennsylvania, and married John G. Roberts Sr. in 1952, according to an obituary published in The Tribune-Democrat.

She worked in Pennsylvania and New York as a customer service representative for A&P supermarkets and the Bell Telephone Company, according to the obituary.

The family moved around over the years for Roberts Sr.’s job at Bethlehem Steel Corp. and lived in New York, Indiana, Pennsylvania and Maryland. They later moved to Ohio and South Carolina for other business opportunities and for retirement.

Rosemary Roberts participated in local religious and charitable organizations and served as a hospital and library volunteer, the obituary said. She and her husband moved to Maryland in 2001 to be closer to their family.

Their son, John Roberts, was nominated in 2005 by President George W. Bush to be chief justice of the Supreme Court. He replaced the late William Rehnquist.

Rosemary Roberts is survived by four children, six grandchildren and one great-grandchild. Her husband died in 2008 after a long illness.


Court upholds creation of national monument in Atlantic
Legal Blog News | 2020/01/01 09:37
A federal appeals court on Friday upheld former President Barack Obama's designation of a federally protected conservation area in the Atlantic Ocean, a move that commercial fishermen oppose.

Fishing groups sued over the creation of Northeast Canyons and Seamounts Marine National Monument, a 5,000-square-mile (8,000-square-kilometer) area that contains fragile deep sea corals and vulnerable species of marine life. The monument was established in 2016.

A federal judge dismissed the lawsuit last year, and the Court of Appeals for the District of Columbia Circuit upheld the decision Friday.

A federal appeals court on Friday upheld former President Barack Obama's designation of a federally protected conservation area in the Atlantic Ocean, a move that commercial fishermen oppose.

Fishing groups sued over the creation of Northeast Canyons and Seamounts Marine National Monument, a 5,000-square-mile (8,000-square-kilometer) area that contains fragile deep sea corals and vulnerable species of marine life. The monument was established in 2016.

A federal judge dismissed the lawsuit last year, and the Court of Appeals for the District of Columbia Circuit upheld the decision Friday.



Court to consider bathroom use by transgender student
Legal Blog News | 2019/12/05 20:38
A transgender student’s fight over school bathrooms comes before a federal appeals court Thursday, setting the stage for a groundbreaking ruling.

The 11th U.S. Circuit Court of Appeals in Atlanta will hear arguments about whether a Florida school district should be ordered to allow students to use the bathroom that matches their gender identity.

Drew Adams, who has since graduated from Nease High School in Ponte Vedra, won a lower court ruling last year ordering the St. Johns County school district to allow him to use the boys’ restroom. The district has appealed, arguing that although it will permit transgender students to use single-occupancy, gender-neutral restrooms, it shouldn’t be forced to let students use the restroom of the gender they identify with.

The 11th Circuit could become the first federal appeals court to issue a binding ruling on the issue, which has arisen in several states. The ruling would cover schools in Florida, Georgia and Alabama, and could carry the issue to the U.S. Supreme Court.

The 4th Circuit had ruled in favor of a Virginia student, but the Supreme Court sent the case back down for further consideration. That’s because the U.S. Department of Education, under President Donald Trump, withdrew guidance that said federal law called for treating transgender students equally, including allowing them to use the bathroom that matches their gender identity.


Gun-control backers concerned about changing federal courts
Legal Blog News | 2019/08/11 18:26
California has some of the toughest gun laws in the nation, including a ban on the type of high-capacity ammunition magazines used in some of the nation’s deadliest mass shootings.

How long those types of laws will stand is a growing concern among gun control advocates in California and elsewhere.

A federal judiciary that is becoming increasingly conservative under President Donald Trump and the Republican-controlled U.S. Senate has gun control advocates on edge. They worry that federal courts, especially if Trump wins a second term next year and Republicans hold the Senate, will take such an expansive view of Second Amendment rights that they might overturn strict gun control laws enacted in Democratic-leaning states.

The U.S. Supreme Court so far has left plenty of room for states to enact their own gun legislation, said Adam Winkler, a gun policy expert at the University of California, Los Angeles School of Law. But he said the success of the Trump administration in appointing federal judges, including to the high court, could alter that.

“Those judges are likely to be hostile to gun-control measures,” Winkler said. “So I think the courts overall have made a shift to the right on guns. We’ll just have to see how that plays out.”

The legal tug-of-war already is playing out in California.

The state banned the sale of high-capacity ammunition magazines nearly two decades ago as one of its numerous responses to deadly mass shootings; a voter initiative passed three years ago expanded on that, banning all ammunition magazines holding more than 10 rounds even among gun owners who already possessed them.

Earlier this year, a Republican-appointed federal judge overturned the ban, triggering a weeklong bullet buying spree among California gun owners before he put his decision on hold pending appeal. The same judge is overseeing another lawsuit brought by gun-rights groups that seeks to repeal a state law requiring background checks for ammunition buyers.

Legal experts, lawmakers and advocates on both sides said the decision in the case over ammunition limits foreshadows more conflicts between Democratic-leaning states seeking to impose tighter gun laws and an increasingly conservative federal judiciary.

“What you’re looking at in the Southern District of California is happening all over the country,” said Frank Zimring, a University of California, Berkeley law professor who is an expert on gun laws.


Supreme Court rebuffs Alabama officer charged with murder
Legal Blog News | 2019/08/08 18:26
The Alabama Supreme Court refused Friday to intervene on behalf of a Huntsville police officer charged with murder in a 2018 shooting, sending the case back to circuit court for a potential trial.

The justices turned away an appeal by officer William “Ben” Darby in a brief ruling without explanation.

Darby was on duty when he shot and killed Jeffrey Parker, 49, on April 3, 2018. Darby contended he was acting in self-defense and shouldn’t be prosecuted, but the court refused to overturn a lower court’s refusal.

The decision means the case against Darby can continue in Madison County.

Parker called authorities threatening to kill himself with a gun, police said. Darby was one of three officers who responded and shot Parker when the man wouldn’t drop his weapon, authorities said.

An internal police review board cleared Darby of wrongdoing, but grand jurors later indicted him.

During a hearing on Darby’s claim of immunity, Darby testified he fired his weapon after Parker refused his commands to lower a gun from his own head. The defense argued Darby’s actions were to protect a fellow officer, Genisha Pegues, who was talking to Parker.

He dismissed the accusations as an "absurd" attempt by his ex-protege, current President Sooronbai Jeenbekov, to silence a critical voice. Shortly before his arrest, Atambayev urged his supporters to push for Jeenbekov's ouster.

Atambayev's supporters foiled the first attempt by police to arrest him Wednesday, but police managed to overcome their resistance the following day with water cannons, stun grenades and tear gas.

Police also dispersed over 1,000 Atambayev supporters who rallied in the capital late Thursday and attempted to break into the parliament building, arresting about 40 people.


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