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Appeals court: Trump exceeded authority with travel ban
Legal Opinions |
2017/12/28 11:22
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A federal appeals court panel has ruled that President Donald Trump once again exceeded the scope of his authority with his latest travel ban, but the judges on the 9th U.S. Circuit Court of Appeals put their decision on hold pending review by the U.S. Supreme Court, meaning the ban involving six majority Muslim countries will remain in effect.
The 77-page ruling released late Friday says Trump's proclamation makes no finding whatsoever that simply being from one of the countries cited in the ban makes someone a security risk.
Hawaii, which is suing to stop the ban, has argued that it will be harmful because families will be separated and university recruitment will be hampered.
Earlier this month, the Supreme Court lifted temporary lower court orders that had prevented the latest ban from taking effect.
The status quo was maintained when the 9th Circuit stayed its decision, said Carl Tobias, a professor at the University of Richmond School of Law.
The ruling was unusual, but it's a unique case, he said, noting the Supreme Court has not set argument dates because it has not yet decided to grant an appeal.
"Given the shockingly rapid volley of executive actions and court decisions, this is surely just the latest in a long series of battles to come." Mary Fan, a University of Washington law school professor, said about immigration ban litigation.
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Free Speech Is Starting to Dominate the US Supreme Court's Agenda
Legal Opinions |
2017/11/16 13:40
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To get the Supreme Court's attention these days, try saying your speech rights are being violated.
Whether the underlying topic is abortion, elections, labor unions or wedding cakes, the First Amendment is starting to dominate the Supreme Court's agenda.
The court on Monday granted three new speech cases, including a challenge to a California law that requires licensed pregnancy-counseling clinics to tell patients they might be eligible for free or discounted abortions. The nine-month term now features six cases, out of 44 total, that turn on the reach of the Constitution's free speech guarantee.
Several will be among the term's most closely watched. They include a high-profile fight over a Colorado baker who refuses to make cakes for same-sex weddings and a challenge to the requirement in some states that public-sector workers pay for the cost of union representation. Both of those cases offer the prospect of ideological divides that could put the court's five Republican appointees in the majority, backing free speech rights.
Free speech also plays a central role in what could be a watershed case involving partisan voting districts. The court's liberals could join with Justice Anthony Kennedy to allow legal challenges to partisan gerrymanders for the first time. During arguments in October, Kennedy suggested those challenges would be based on the First Amendment's protections for speech and free association.
The free speech clause has had a special resonance with the court's conservative wing under Chief Justice John Roberts. The court invoked the First Amendment in the landmark 2010 Citizens United decision, which said corporations could spend unlimited sums on political causes. Writing for the five-justice majority, Kennedy equated federal spending restrictions with using "censorship to control thought."
The court has also backed speech rights with more lopsided majorities in cases involving violent video games, depictions of animal cruelty, abortion-clinic buffer zones and anti-homosexual protesters. |
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Supreme Court declines Michigan emergency manager law case
Legal Opinions |
2017/09/30 09:14
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The Supreme Court won't take up a challenge to a Michigan law that allows the state to temporarily take away local officials' authority during financial crises and appoint an emergency manager.
The Supreme Court declined Monday to hear the case. Voters and elected officials were challenging a state law that says that to rescue financially stressed cities and school districts the state can reassign the governing powers of local officials to a state-appointed emergency manager. An emergency manager was in place during the water crisis in Flint.
Those bringing the lawsuit said emergency managers have been appointed in a high number of areas with large African-American populations but not in similar areas with majority white populations.
Lower courts said lawsuit was brought under a federal law that didn't apply. |
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3 bank customers in Germany fined for ignoring collapsed man
Legal Opinions |
2017/09/16 10:16
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A German court has fined three bank customers for failing to help an elderly man who collapsed in a bank branch and later died.
The Essen district court handed the defendants, a woman and two men, fines ranging from 2,400 to 3,600 euros ($2,865 to $4,300).
Police said surveillance camera footage showed four people walking past or over him as he lay on the floor. The fourth person faces separate proceedings.
The 83-year-old man collapsed as he used a banking terminal on a public holiday last October.
Only after about 20 minutes did another customer call emergency services. The man was taken to a hospital but died a few days later.
News agency dpa reported that the defendants testified Monday they had thought he was a sleeping homeless man. |
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FBI Searched Ex-Oklahoma Senator's Office for Porn
Legal Opinions |
2017/09/15 10:16
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Court records show the FBI searched the Capitol office of a former Oklahoma senator in March because a campaign aide allegedly saw child pornography on his computer.
Republican Sen. Ralph Shortey resigned in March after being arrested when police in the Oklahoma City suburb of Moore found him in a motel room with a 17-year-old boy he had allegedly hired for sex.
The Oklahoman reports that the FBI seized a CD-ROM and an SD card from Shortey's office the day after his resignation. The newly released court records show that someone contacted Moore police about the alleged pornography after seeing news about Shortey's arrest.
Shortey faces three child pornography counts and one child sex trafficking count. He's pleaded not guilty. |
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