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To overcome travel ban, some Americans taking cases to court
Court Center |
2019/12/22 01:08
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Mohammed Hafar paced around the airport terminal — first to the monitor to check flight arrivals, then to the gift shop and lastly to the doors where international passengers were exiting.
At last, out came Jana Hafar, his tall, slender, dark-haired teen daughter who had been forced by President Donald Trump’s travel ban to stay behind in Syria for months while her father, his wife and 10-year-old son started rebuilding their lives in Bloomfield, New Jersey, with no clear idea of when the family would be together again.
“Every time I speak to her, she ask, ‘When are they going to give me the visa?’” the elder Hafar said, recalling the days of uncertainty that took up the better part of this year. There was “nothing I could tell her, because nobody knows when.”
That she landed at Kennedy Airport on a recent December day was testament to her father’s determination to keep his promise that they would be reunited and his willingness to go as far as suing the government in federal court. Advocates say the process for obtaining a travel ban waiver is still shrouded in unpredictability, which causes delays for thousands of American citizens waiting for loved ones.
The “system is messed up,” said Curtis Morrison, the Los Angeles-based attorney who has filed several federal lawsuits, including Hafar’s, against the administration on behalf of dozens of plaintiffs from countries affected by the travel ban. |
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Court Won't Hear Case On Ban Against Homeless Sleeping In Public Spaces
Legal Watch |
2019/12/18 17:28
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The Supreme Court on Monday declined to hear an appeal in a case originating from Boise, Idaho, that would have made it a crime to camp and sleep in public spaces.
The decision to let a ruling from the 9th Circuit Court of Appeals stand is a setback for states and local governments in much of the West that are grappling with widespread homelessness by designing laws to regulate makeshift encampments on sidewalks and parks.
The case stems from a lawsuit filed nearly a decade ago. A handful of people sued the city of Boise for repeatedly ticketing them for violating an ordinance against sleeping outside. While Boise officials later amended it to prohibit citations when shelters are full, the 9th Circuit eventually determined the local law was unconstitutional.
In a decision last year, the court said it was "cruel and unusual punishment" to enforce rules that stop homeless people from camping in public places when they have no place else to go. That means states across the 9th Circuit can no longer enforce similar statutes if they don't have enough shelter beds for homeless people sleeping outside. |
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Mississippi man freed months after court rules racial bias
Headline News |
2019/12/17 01:25
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A Mississippi man whose murder conviction was overturned by the U.S. Supreme Court for racial bias was released from custody Monday for the first time in 22 years.
Curtis Flowers walked out of the regional jail in the central town of Louisville hours after a judge set his bond at $250,000. A person who wanted to remain anonymous posted $25,000, the 10% needed to secure Flowers’ release, said his attorney Rob McDuff.
At the bond hearing earlier Monday in the city of Winona, Circuit Judge Joseph Loper ordered Flowers to wear an electronic monitor while waiting for the district attorney’s office to decide whether to try him a seventh time or drop the charges. Flowers also must check in once a week with a court clerk, McDuff said. He said attorneys would file papers asking the judge to dismiss the charges.
Flowers was accompanied from the jail Monday by his attorneys and two sisters, Priscilla Ward and Charita Baskin. The siblings said they were going home to fry some fish for dinner and hang out together.
“It’s been rough,” Flowers said. “Taking it one day at a time, keeping God first ? that’s how I got through it.”
When asked another question, Flowers sighed, smiled and tossed his hands in the air. “I’m so excited right now, I can’t even think straight,” he said with a laugh.
Flowers was convicted four times in connection with a quadruple slaying in Winona in 1996: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials.
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Justices to take up dispute over subpoenas for Trump records
Legal Watch |
2019/12/14 21:14
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major confrontation between the president and Congress that also could affect the 2020 presidential campaign.
Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump’s tax returns as part of an ongoing criminal investigation.
The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it’s almost certain the court won’t hear the cases until after a Senate trial over whether to remove Trump has ended.
Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.
In three separate cases, he has so far lost at every step, but the records have not been turned over pending a final court ruling. Now it will be up to a court that includes two Trump appointees, Justices Neil Gorsuch and Brett Kavanaugh, to decide in a case with significant implications reagrding a president’s power to refuse a formal request from Congress. |
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Court Will Hear Trump's Pleas to Keep Financial Records Private
Court Center |
2019/12/14 21:12
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The Supreme Court said Friday it will hear President Donald Trump's pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.
Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump's tax returns as part of an ongoing criminal investigation.
The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it's almost certain the court won't hear the cases until after a Senate trial over whether to remove Trump has ended.
Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr. |
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Court to hear resentencing bid in Arizona death penalty case
Attorneys News |
2019/12/11 05:15
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The U.S. Supreme Court will hear an appeal Wednesday by an Arizona death row inmate who is seeking a new sentencing trial, arguing the horrific physical abuse that he suffered as a child wasn't fully considered when he was first sentenced.
The appeal of James Erin McKinney could affect as many as 15 of Arizona's 104 death row inmates. Attorneys say the Arizona courts used an unconstitutional test in examining the mitigating factors considered during the sentencing trials of the inmates.
The Supreme Court has ruled both that juries, not judges, must impose death sentences, and that mitigating factors, including childhood deprivations, must be factored into sentencing decisions.
McKinney's attorneys say the Arizona Supreme Court erred last year in upholding his sentences after a federal appellate decision concluded that the state court used an unconstitutional test in examining the mitigating factors considered during his sentencing.
Prosecutors said McKinney shouldn't get a sentencing retrial, arguing his case was considered officially closed years before the 2002 Supreme Court decision that required death penalty decisions to be made by jurors, not judges.
Attorneys say the decision in McKinney's case could affect other Arizona death row inmates who could challenge the test used in evaluating the mitigating factors considered during sentencing. But it's unclear whether the ruling would affect death penalty cases from other states.
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Court to consider bathroom use by transgender student
Headline News |
2019/12/06 08:33
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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. |
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