Law Firm News
Today's Legal News Bookmark Page
Supreme Court upholds Trump administration travel ban
Lawyer Blogs | 2018/06/26 07:50
The Supreme Court on Tuesday upheld President Donald Trump’s ban on travel from several mostly Muslim countries, rejecting a challenge that it discriminated against Muslims or exceeded his authority. The 5-4 decision Tuesday is the court’s first substantive ruling on a Trump administration policy. Chief Justice John Roberts wrote the majority opinion, joined by his four conservative colleagues. Roberts wrote that presidents have substantial power to regulate immigration. He also rejected the challengers’ claim of anti-Muslim bias.

But he was careful not to endorse either Trump’s provocative statements about immigration in general and Muslims in particular. “We express no view on the soundness of the policy,” Roberts wrote. The travel ban has been fully in place since the court declined to block it in December. The justices allowed the policy to take full effect even as the court fight continued and lower courts had ruled it out of bounds.

Justice Sonia Sotomayor wrote in a dissent that based on the evidence in the case “a reasonable observer would conclude that the Proclamation was motivated by anti-Muslim animus.” She said her colleagues arrived at the opposite result by “ignoring the facts, misconstruing our legal precedent, and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens.”

Justices Stephen Breyer, Ruth Bader Ginsburg and Elena Kagan also dissented. The policy applies to travelers from five countries with overwhelmingly Muslim populations — Iran, Libya, Somalia, Syria and Yemen. It also affects two non-Muslim countries: blocking travelers from North Korea and some Venezuelan government officials and their families. A sixth majority Muslim country, Chad, was removed from the list in April after improving “its identity-management and information sharing practices,” Trump said in a proclamation.

The administration had pointed to the Chad decision to show that the restrictions are premised only on national security concerns. The challengers, though, argued that the court could just ignore all that has happened, beginning with Trump’s campaign tweets to prevent the entry of Muslims into the United States.

Just a week after he took office in January 2017, Trump announced his first travel ban aimed at seven countries. That triggered chaos and protests across the U.S. as travelers were stopped from boarding international flights and detained at airports for hours. Trump tweaked the order after the 9th U.S. Circuit Court of Appeals in San Francisco refused to reinstate the ban.



Supreme Court adopts new rules for cell phone tracking
Legal Watch | 2018/06/25 00:02
The Supreme Court says police generally need a search warrant if they want to track criminal suspects’ movements by collecting information about where they’ve used their cellphones. The justices’ 5-4 decision Friday is a victory for privacy in the digital age. Police collection of cellphone tower information has become an important tool in criminal investigations.

The outcome marks a big change in how police can obtain phone records. Authorities can go to the phone company and obtain information about the numbers dialed from a home telephone without presenting a warrant. Chief Justice John Roberts wrote the majority opinion, joined by the court’s four liberals. Roberts said the court’s decision is limited to cellphone tracking information and does not affect other business records, including those held by banks.

He also wrote that police still can respond to an emergency and obtain records without a warrant. Justices Anthony Kennedy, Samuel Alito, Clarence Thomas and Neil Gorsuch dissented. Kennedy wrote that the court’s “new and uncharted course will inhibit law enforcement” and “keep defendants and judges guessing for years to come.”

The court ruled in the case of Timothy Carpenter, who was sentenced to 116 years in prison for his role in a string of robberies of Radio Shack and T-Mobile stores in Michigan and Ohio. Cell tower records that investigators got without a warrant bolstered the case against Carpenter. Investigators obtained the cell tower records with a court order that requires a lower standard than the “probable cause” needed to obtain a warrant. “Probable cause” requires strong evidence that a person has committed a crime.

The judge at Carpenter’s trial refused to suppress the records, finding no warrant was needed, and a federal appeals court agreed. The Trump administration said the lower court decisions should be upheld. The American Civil Liberties Union, representing Carpenter, said a warrant would provide protection against unjustified government snooping. The administration relied in part on a 1979 Supreme Court decision that treated phone records differently than the conversation in a phone call, for which a warrant generally is required.

In a case involving a single home telephone, the court said then that people had no expectation of privacy in the records of calls made and kept by the phone company. That case came to the court before the digital age, and the law on which prosecutors relied to obtain an order for Carpenter’s records dates from 1986, when few people had cellphones. The Supreme Court in recent years has acknowledged technology’s effects on privacy. In 2014, the court held unanimously that police must generally get a warrant to search the cellphones of people they arrest. Other items people carry with them may be looked at without a warrant, after an arrest.


Yankton lawyer Jason Ravnsborg wins GOP attorney general nod
Press Releases | 2018/06/24 07:01
South Dakota Republicans on Saturday chose Yankton lawyer Jason Ravnsborg to run against Democratic former U.S. Attorney Randy Seiler in the race for state attorney general.

GOP delegates voted to nominate Ravnsborg at their state party convention, where the attorney general contest was the main show for attendees. Democrats nominated Seiler as their candidate at a party gathering last week.

Ravnsborg won out over state Sen. Lance Russell in a second round of voting after Lawrence County State's Attorney John Fitzgerald was dropped from consideration following his third-place showing in the initial ballot.

"We've been working hard," Ravnsborg said after he won. "I've been to every county in our state at least twice."

Ravnsborg has proposed expanding programs that allow lower-level prisoners to work while serving their sentences and establishing a meth-specific prison and mental health facility in the western part of the state. He said he has leadership and management experience and touted his support among county sheriffs to delegates.

Ravnsborg, 42, of Yankton, is a lieutenant colonel in the U.S. Army Reserve. He's looking to succeed outgoing Attorney General Marty Jackley as the state's chief lawyer and law enforcement officer.

The high-profile office has served as a frequent springboard for gubernatorial hopefuls and takes on the state's top legal cases, such as South Dakota's recent successful push to get the U.S. Supreme Court to allow states to make online shoppers pay sales tax.

Russell, a former state's attorney and current chairman of the Senate Judiciary Committee, had said he wanted to be attorney general to address rising crime and improve government transparency. Fitzgerald has been the Lawrence County state's attorney since 1995 and campaigned on his experience.




Lawsuit seeks lawyer access to immigrants in prison
Headline News | 2018/06/22 07:01
A rights group filed an emergency lawsuit in federal court Friday against top officials of U.S. immigration and homeland security departments, alleging they have unconstitutionally denied lawyers' access to immigrants in a prison in Oregon.

Immigration and Customs Enforcement transferred 123 immigrants in early June to the federal prison in Sheridan, Oregon, because other holding facilities have been overloaded since the Trump administration enacted a "zero tolerance" policy in April involving people entering the U.S. illegally.

The American Civil Liberties Union of Oregon filed the lawsuit in Portland on behalf of the detainees, who are mostly from Mexico and Central America. The lawyers say they've been denied meaningful access to the detainees, many of whom escaped violence in their home countries and are seeking asylum in the U.S.

"The U.S. Constitution protects everyone who is on U.S. soil," said Mat Dos Santos, legal director of the ACLU of Oregon. "You have fundamental rights to due process of law. You can't just throw them in prison."

An interfaith group, meanwhile, announced it would be holding Sunday morning services outside the prison. The Interfaith Movement for Immigrant Justice, which is organizing the services, is based in Portland.

"With Attorney General Jeffrey Sessions invoking Romans 13 to validate the immoral separation of immigrant children from their families, this can no longer be a time for 'business as usual' for Christian communities," said the Rev. Michael Ellick of First Congregational United Church of Christ in Portland.

Last week, Sessions cited a Bible verse urging obedience to the laws of government "for the purpose of order."

Among the people being held in the medium-security prison is Luis Javier Sanchez Gonzalez, whose family was separated at the border when they sought asylum at a port of entry, the ACLU said.




Man charged in bike path killings speaks in court of 'Allah'
Legal News | 2018/06/20 07:01
The man charged with murdering eight people on a New York City bike path and injuring many more spoke out in court Friday over a prosecutor's objection, invoking "Allah" and defending the Islamic State.

Sayfullo Saipov, 30, raised his hand to speak immediately after U.S. District Judge Vernon S. Broderick set an Oct. 7, 2019 date for the Uzbek immigrant's trial.

Earlier, he had pleaded not guilty through his lawyer to the latest indictment in the Oct. 31 truck attack near the World Trade Center. A prosecutor said the Justice Department will decide by the end of the summer whether to seek the death penalty against Saipov, who lived in Paterson, New Jersey, before the attack.

Speaking through an interpreter for about 10 minutes, Saipov said the decisions of a U.S. court were unimportant to him. He said he cared about "Allah" and the holy war being waged by the Islamic State.

At the prompting of Assistant U.S. Attorney Amanda Houle, Broderick interrupted Saipov to read him his rights, including that anything he said in court could be used against him.

"I understand you, but I' m not worried about that at all," Saipov said.

"So the Islamic State is not fighting for land, like some say, or like some say, for oil. They have one purpose, and they're fighting to impose Sharia (Islamic law) on earth," he said.

After Saipov spoke more, Assistant U.S. Attorney Andrew Beaty interrupted him to object that the judge was letting Saipov make the kind of statement publicly that special restrictions placed on him in prison would otherwise prevent, including discussing "terrorist propaganda."

The judge said he believed Saipov was nearing the end of his remarks and let him finish before warning him that he was unlikely to let him speak out in court again in a similar manner. Saipov, though, would be given a chance to testify if his case proceeds to trial and, if convicted, could speak at sentencing.

Saipov thanked the judge for letting him speak but added at one point: "I don't accept this as my judge."

Prosecutors had been seeking an April 2019 trial date. Houle said the families of the dead and the dozens who were injured deserve a "prompt and firm trial date."

"The victims here are anxious now when that trial is going to be," she said. "The public deserves a speedy trial, and the surviving victims deserve to know when that trial is going to be."

Defense lawyers have said the government should accept a guilty plea and a sentence of life in prison without parole to provide victims' families and the public with closure.



Wolf held fundraiser at law firm his administration is suing
Opinions | 2018/06/19 17:55
Democratic Gov. Tom Wolf's campaign held a $1,000-a-head fundraiser at the offices of a law firm that his administration and the city of Harrisburg are suing over its role in a municipal trash incinerator that helped drive the city into state receivership.

Pennlive.com reported Monday that Wolf's campaign held the June 12 fundraiser at Buchanan Ingersoll and Rooney's offices in Harrisburg.

Last month's lawsuit named four law firms, two financial entities and an engineering company in what it called it "the worst municipal financial disaster" in Pennsylvania history.

Wolf's campaign spokeswoman says the fundraiser "changes nothing" in Wolf's efforts to hold parties involved in the incinerator accountable.

A spokesman for Wolf's Republican challenger, Scott Wagner, says Wolf should refuse the law firm's contributions if he thinks it was so negligent.








Court blocks 'millionaire tax' question from state ballot
Court Center | 2018/06/19 00:54
Massachusetts' highest court on Monday struck down a proposed "millionaire tax" ballot question, blocking it from going before state voters in November and ending advocates' hopes for generating some $2 billion in additional revenue for education and transportation.

The Supreme Judicial Court, in a 5-2 ruling, said the initiative petition should not have been certified by Democratic Attorney General Maura Healey because it violated the "relatedness" clause of the state constitution that prohibits ballot questions from mingling unrelated subjects — in this case, taxing and spending.

The proposed constitutional amendment — referred to by its proponents as the "Fair Share Amendment," would have imposed a surtax of 4 percent on any portion of an individual's annual income that exceeds $1 million. The measure called for revenues from the tax to be earmarked for transportation and education.

Writing for the majority, Associate Justice Frank Gaziano said a voter who supported the surtax but opposed earmarking the funds for a specific purpose would be left "in the untenable position of choosing which issue to support and which must be disregarded."

The justices offered hypothetical examples of voters who might support spending on one priority but not the other, such as a subway commuter with no school-age children.

The measure had been poised to reach voters in November after receiving sufficient support from the Legislature in successive two-year sessions. But several business groups, including the Massachusetts High Technology Council and Associated Industries of Massachusetts, sued to block it.

The court's ruling was a devastating blow for Raise Up Massachusetts, a coalition of labor unions, community and religious organizations that collected more than 150,000 signatures in support of the millionaire tax.


[PREV] [1] ..[4][5][6][7][8][9][10][11][12].. [252] [NEXT]
All
Legal News
Law Firm Business
Headline News
Court Center
Legal Watch
Legal Interview
Top Legal News
Attorneys News
Press Releases
Opinions
Lawyer Blogs
Firm Websites
Politics & Law
Firm News
Alabama Supreme Court won't ..
Lawyers will seek to shift b..
California high court rules ..
Court: Dismissal of cop's Bl..
Court: EPA violated law on h..
Zimbabwe's opposition challe..
Court, regulators clash over..
Nevada Supreme Court taking ..
Supreme Court examines Kentu..
Court tosses challenge to Vi..
N Carolina Supreme Court can..
Filing period opens for West..
Oklahoma lawsuit against opi..
The Latest: Zimbabwe's presi..
SC Supreme Court to decide i..
With scant record, Supreme C..
Top Pakistan court bars form..
Officer involved in militia ..
   Law Firm News



San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Immigration Law Office Web Designs
Immigration Attorney Website Templates
webpromo.com
Santa Ana Workers' Compensation Lawyers
www.gentryashtonlaw.com
 
 
© Legal World News Center. All rights reserved.

The content contained on the web site has been prepared by Legal World News Center as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. Legal Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Law Firm Web Design by Law Promo