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Trump admin asks Supreme Court to restore travel ban
Top Court Watch |
2017/06/02 12:39
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The Trump administration has asked the Supreme Court to restore the ban on travel to the U.S. from citizens of six Muslim-majority countries.
Per Reuters: "The administration filed two emergency applications with the nine Court justices seeking to block two different lower court rulings that went against Trump's March 6 order barring entry for people from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days while the U.S. government implements stricter visa screening."
Last week, an appeals court in Richmond upheld the block on Trump's order. Chief Judge Roger Gregory ruled that it, "speaks with vague words of national security, but in context drips with religious intolerance, animus, and discrimination." There have been conflicting rulings on the order, and on Trump's earlier attempt to implement the ban, as it has worked its way though the courts.
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Trump travel ban showdown headed for Supreme Court
Top Court Watch |
2017/05/28 12:40
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Donald Trump's administration is pledging a Supreme Court showdown over his travel ban. That's after a federal appeals court said Thursday in ruling against it that the ban "drips with religious intolerance, animus and discrimination."
Citing the president's duty to protect the country from terrorism, Attorney General Jeff Sessions says that the Justice Department will ask the high court to review the case. He's offered no timetable.
The justices almost always have the final say when a lower court strikes down a federal law or presidential action.
The presidential executive order issued by Trump seeks to temporarily cut off visas for people from Iran, Libya, Somalia, Sudan, Syria and Yemen.
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Supreme Court strikes down 2 NC congressional districts
Top Court Watch |
2017/05/22 10:13
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The Supreme Court struck down two congressional districts in North Carolina Monday because race played too large a role in their creation.
The justices ruled that Republicans who controlled the state legislature and governor's office in 2011 placed too many African-Americans in the two districts. The result was to weaken African-American voting strength elsewhere in North Carolina.
Both districts have since been redrawn and the state conducted elections under the new congressional map in 2016. Even with the new districts, Republicans maintained their 10-3 edge in congressional seats.
Justice Elena Kagan, writing for the court, said the state did not offer compelling justifications to justify its reliance on race in either district.
The issue of race and redistricting one is a familiar one at the Supreme Court and Kagan noted that one of the districts was "making its fifth appearance before this court."
States have to take race into account when drawing maps for legislative, congressional and a host of municipal political districts. At the same time, race can't be the predominant factor without very strong reasons, under a line of high court cases stretching back 20 years.
A three-judge federal court had previously struck down the two districts. The justices upheld the lower court ruling on both counts.
The court unanimously affirmed the lower court ruling on District 1 in northeastern North Carolina. Kagan wrote that the court will not "approve a racial gerrymander whose necessity is supported by no evidence."
The justices split 5-3 on the other district, District 12 in the southwestern part of the state. Justice Clarence Thomas joined the four liberal justices to form a majority. Chief Justice John Roberts and Justices Samuel Alito and Anthony Kennedy dissented. Justice Neil Gorsuch did not part in the case.
The state insisted that race played no role at all in the creation of one district. Instead, the state argued that Republicans who controlled the redistricting process wanted to leave the district in Democratic hands, so that the surrounding districts would be safer for Republicans.
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Family of Colorado man killed by police settles lawsuit
Top Court Watch |
2017/05/21 10:13
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Court documents show the family of a Colorado man killed by police has settled its lawsuit against the city and the officer.
The Pueblo Chieftain says it obtained documents Thursday which showed the settlement resolved “all pending claims” against officer James Ashby and the city of Rocky Ford.
Reports say Ashby fatally shot 27-year-old Jack Jacquez. He was sentenced to 16 years in prison for the murder.
Jacquez’s mother, his estate and the mothers of his minor children filed a lawsuit against Ashby and the city in October.
The settlement is waiting on the approval of the Otero County Probate Court judge to include the children in it.
A court filling from this week does not show the terms of the settlement.
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Texas advances new abortion limits despite court defeats
Top Court Watch |
2017/05/18 10:14
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Texas' Republican-controlled Legislature late Friday advanced tough new limits on abortion— hitting back at a U.S. Supreme Court decision last summer striking down most of the sweeping restrictions on the procedure that America's second-largest state approved four years ago.
The Texas House voted 96-47 on legislation that bans a commonly used second-trimester abortion procedure, known as dilation and evacuation, similar to laws that courts have blocked in Alabama, Oklahoma, Kansas and Louisiana. It further directed doctors performing the procedure in Texas to face felony charges.
Those contentious provisions were tacked onto a broader bill requiring the burial or cremation of fetal remains from abortions, even though a federal judge has already blocked an existing state rule mandating the same thing.
The measure also bars sale or donation of fetal tissue, something GOP-majority legislatures around the country have sought since the release of heavily edited, secretly recorded videos shot inside Planned Parenthood clinics by an anti-abortion group in 2015. Federal law already prohibits sale of fetal tissue.
Final approval should come Saturday. The proposal previously cleared the state Senate, but will have to return there because the House so expanded its scope. That chamber is even more conservative, though, and passage should be easy.
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