Legal Insight 2017/10/20 19:02
A federal appeals court handed the U.S. government a victory Tuesday in its fight against lawsuits opposing a decision to end a program protecting some young immigrants from deportation.
The 2nd U.S. Circuit Court of Appeals in Manhattan directed Brooklyn judges to expeditiously decide if a court can properly review the decision to end in March the Deferred Action for Childhood Arrivals program, or DACA. The government insists it cannot.
Activists are suing the government in New York, California, the District of Columbia and Maryland. DACA has protected about 800,000 people, many of them currently in college, who were brought to the U.S. illegally as children or came with families that overstayed visas.
A three-judge 2nd Circuit panel issued a brief order after hearing oral arguments. It said the government will not have to continue to produce documents or submit to depositions before the lower court decides whether the cases can proceed. It also said it will only decide the issue of whether to order the lower court to limit document production once those issues are addressed.
Attorney Michael Wishnie, who argued for plaintiffs suing the government, praised the appeals court for having "moved swiftly to address the government filings in this case."
And he noted that a Brooklyn judge gave the government until Friday to submit written arguments on the legal issues the appeals court said must be resolved before the case proceeds. The plaintiffs must submit their arguments by Nov. 1.
Earlier Tuesday, Deputy Assistant Attorney General Hashim M. Mooppan told the appeals court panel the government planned to ask the Brooklyn federal court by early next week to dismiss the lawsuits.
He said lawyers fighting the government were engaging in a "massive fishing expedition" for documents and testimony that would reveal the deliberative processes at the highest levels of the Department of Homeland Security and the Justice Department. He called it "wholly improper."
Mooppan seemed to get a sympathetic ear from appeals judges, with one of them saying the government's opponents seemed to be pursuing "a disguised application under the Freedom of Information Act."
"There are a lot of different ways this is very wrong, your honor. That might be one of them," Mooppan said.

Court News 2017/10/19 19:03
An appeals court is blocking, for now, an abortion sought by a pregnant 17-year-old immigrant being held in a Texas facility, ruling that the government should have time to try to release her so she can obtain the abortion outside of federal custody.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia issued its ruling Friday hours after arguments from lawyers for the Trump administration and the teenager. The court ruled 2-1 that the government should have until Oct. 31 to release the girl into the custody of a sponsor, such as an adult relative in the United States. If that happens, she could obtain an abortion if she chooses. If she isn't released, the case can go back to court.
The judge who dissented wrote that the court's ruling means the teen will be forced to continue an unwanted pregnancy for "multiple more weeks."
The teen, whose name and country of origin have been withheld because she's a minor, is 15 weeks pregnant. She entered the U.S. in September and learned she was pregnant while in custody in Texas.
She obtained a court order Sept. 25 permitting her to have an abortion. But federal officials have refused to transport her or temporarily release her so that others may take her to have an abortion. A lower federal court ruled that she should be able to obtain an abortion Friday or Saturday, but the government appealed.
Federal health officials said in a statement that for "however much time" they are given they "will protect the well-being of this minor and all children and their babies" in their facilities.

Legal Insight 2017/10/15 19:05
The U.S. Supreme Court has refused to hear a case involving a growing number of Kentucky relatives providing free foster care for children.
The result is that Kentucky must begin paying those relatives the same as they do licensed foster families, news outlets report.
The nation's high court on Tuesday refused to hear an appeal from the Kentucky Cabinet for Health and Family Services. The cabinet was seeking to overturn a ruling earlier this year by the 6th U.S. Circuit Court of Appeals that said the state must pay relatives who take in foster children.
The case revolved around a lawsuit filed by Lexington lawyer Richard Dawahare on behalf of a great-aunt who took in two young boys but was denied foster payments from the state.
"We have won, our clients have won and it's a big deal," Dawahare said. "Right now, the relatives are entitled and they need to make their claim."
A cabinet spokesman didn't immediately respond to a request for comment.
The news will be celebrated by many relatives across Kentucky caring for children but not eligible for daily payments even as licensed foster parents are paid a base rate of about $25 a day or $750 a month.
Among them is Kimberly Guffy of Russellville, Kentucky, who said she and her husband have been caring for two small grandchildren for more than three years with no foster care help from the cabinet.
"The days of the cabinet's reliance on relatives to balance its budget are over," she told The Courier-Journal.
Guffy said she didn't hesitate to take in the children, one a newborn and the other a 16-month-old, but it has been a struggle, especially for the first year when child care costs reached $10,000.
The cabinet has since agreed to assist with child care costs but refused foster payments. Social workers at one point told her that if the family couldn't afford to care for the children, they would be placed in a foster home.

Legal Business 2017/10/11 19:03
For two decades, Jerry Wolkoff let graffiti artists use his crumbling Queens warehouse complex as a canvas for their vibrant works. Artists gave the spot the name "5Pointz" — a place where all five New York City boroughs come together — but painters traveled from as far as Japan and Brazil to tag, bomb and burn at what became a graffiti mecca and a tourist destination.
But like most graffiti, it didn't last. Wolkoff whitewashed the building in 2013 then tore it down to build luxury apartment towers.
Four years later, some of the artists whose work was destroyed are in court, arguing that even though the building belonged to Wolkoff, the art was protected by federal law.
A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.
More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.
A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.
More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.
Barry Werbin, an attorney specializing in intellectual property, said the case is significant because no lawsuit under the statute has been tried by a jury before.

Court News 2017/10/09 19:04
The Supreme Court agreed Monday to take on a major dispute over the government's authority to force American technology companies to hand over emails and other digital information sought in criminal probes but stored outside the U.S.
The justices intervened in a case of a federal drug trafficking investigation that sought emails that Microsoft keeps on a server in Ireland. The federal appeals court in New York said that the emails are beyond the reach of a search warrant issued by an American judge.
The Trump administration and 33 states told the court that the decision is impeding investigations into terrorism, drug trafficking, fraud and child pornography because other courts are relying on the ruling in preventing U.S. and state authorities from obtaining information kept abroad.
The case is among several legal clashes that Redmond, Washington-based Microsoft and other technology companies have had with the government over questions of digital privacy and authorities' need for information to combat crime and extremism.
Privacy law experts say the companies have been more willing to push back against the government since the leak of classified information detailing America's surveillance programs.
The case also highlights the difficulty that judges face in trying to square decades-old laws with new technological developments. In urging the high court to stay out of the case, Microsoft said Congress needs to bring the law into the age of cloud computing.
In 2013, federal investigators obtained a warrant under a 1986 law for emails from an account they believe was being used in illegal drug transactions as well as identifying information about the user of the email account.

Court News 2017/10/08 19:05
Some of America's most well-known companies are urging the Supreme Court to rule that a federal employment discrimination law prohibits discrimination based on a person's sexual orientation, a position opposite of the one taken by the Trump administration.
The 76 businesses and organizations — including American Airlines, Apple, eBay, Facebook, Google, Starbucks and Microsoft — filed a brief Wednesday encouraging the high court to take up the issue. They want the court to take a case out of Georgia in which a gay woman who worked as a hospital security officer says she was harassed and punished for dressing in a male uniform and wearing her hair short. Jameka Evans, who worked at Georgia Regional Hospital at Savannah from 2012 to 2013, ultimately left her job and sued.
The question in her case is whether a federal law barring workplace discrimination "because of...sex" covers discrimination against someone because of their sexual orientation. The Equal Employment Opportunity Commission under President Barack Obama took the view that it does. But President Donald Trump's administration has argued that Title VII of the Civil Rights Act of 1964 bars discrimination based on gender but doesn't cover sexual orientation.
The businesses' court filing says they and their employees would benefit if the court agreed to take the case and rule that Title VII covers sexual orientation discrimination.
"Businesses' first-hand experiences — supported by extensive social-science research — confirm the significant costs for employers and employees when sexual orientation discrimination is not forbidden by a uniform law, even where other policies exist against such discrimination," the businesses wrote in their brief. The organizations that joined the brief also include two sports teams, the Tampa Bay Rays and the Miami Heat.
The case out of Georgia is not unique. Most federal appeals courts in the past have ruled that "sex" means biological gender, not sexual orientation. But a federal appeals court in Chicago, the U.S. Court of Appeals for the 7th Circuit, ruled earlier this year that the law covers sexual orientation. In that case, a gay part-time community college instructor sued after she was repeatedly turned down for a full-time job and her part-time contract was not renewed.
The New York-based U.S. Court of Appeals for the 2nd Circuit is also weighing the issue. Last month, the full court heard arguments in a case in which a skydiving instructor, Donald Zarda, claimed he was fired from his job after telling a client he was gay. He sued under the Civil Rights Act, but previous rulings have gone against Zarda, who died in an accident in Switzerland three years ago. A ruling in his case isn't expected for some time.
