Lawyer Blog Post 2019/12/18 09:20
From campuses along India’s Himalayan northern border to its southern Malabar Coast, a student-led protest movement against a new law that grants citizenship on the basis of religion spread nationwide on Wednesday despite efforts by the government to contain it.
The law provides a path to citizenship for Hindus, Buddhists, Christians and other religious minorities who are in India illegally but can demonstrate religious persecution in Muslim-majority Bangladesh, Pakistan and Afghanistan. It does not apply to Muslims.
Critics say it’s the latest effort by Prime Minister Narendra Modi’s Hindu nationalist-led government to marginalize India’s 200 million Muslims, and a violation of the country’s secular constitution.
Modi has defended it as a humanitarian gesture, but on Wednesday, authorities tightened restrictions on protesters, expanding a block on the internet and a curfew in Assam, where protests since the law’s passage a week ago have disrupted life in Gauhati, the state capital. They also restricted assembly in a Muslim neighborhood in New Delhi where demonstrators on Tuesday burned a police booth and several vehicles.
After India’s Supreme Court postponed hearing challenges to the law Wednesday, huge demonstrations erupted in Gauhati, in Chennai, in the southern state of Tamil Nadu, and in Mumbai, India’s financial capital. Protesters also rallied in Srinagar, the main city in disputed Kashmir and in the tourist mecca of Jaipur in the desert state of Rajasthan, and threw stones at buses in Kochi, the capital of the southernmost state of Kerala.
Lawyer Blog Post 2019/12/16 09:19
Kansas' Democratic governor on Monday named a veteran trial-court judge who is opposed by the state's most influential anti-abortion group to the state Supreme Court ? an appointment that's likely to further stoke conservatives' efforts to change how such positions are filled.
Gov. Laura Kelly's selection of Shawnee County District Judge Evelyn Wilson comes with many Republican lawmakers already seeking to give the GOP-controlled Legislature power it doesn't have now to block appointments to the state's high court. Abortion opponents also are pushing for a change in the state constitution that would overturn the court's April ruling that protected abortion rights.
Kelly passed over two veteran lawyers working for Republican state Attorney General Derek Schmidt. Kansans for Life, an anti-abortion group long influential in GOP politics, opposed Wilson's appointment because of her husband's past political contributions to Kelly and other abortion-rights candidates.
“It’s my sense that Judge Wilson is more than qualified to fill this role,” Kelly told reporters during a Statehouse news conference. “Ideology was not really part of the conversation with any of the nominees. "
Kansans for Life said Wilson's selection shows the need to overturn the high court's abortion-rights ruling to protect "women and their babies." Lobbyist Jeanne Gawdun said the group is not surprised that Kelly would make an appointment to further her "vision for unlimited abortion.”
Wilson has not ruled on major abortion cases and declined to comment on the court's abortion-rights ruling declaring that access to abortion is a “fundamental” right under the Kansas Constitution. She will replace former Justice Lee Johnson, who retired in September and was a member of the 6-1 majority in that case.
Court News 2019/12/14 13:45
At its simplest level, the impeachment of President Donald Trump looks like a collision between the legislative and executive branches of government. In that fight, each side is trying to defend its prerogatives as it sees them: For Congress (or at least the Democratic-led House), this includes the power to appropriate foreign aid, and the power to conduct oversight; for the executive branch, this means the power to make foreign policy as it sees fit, and to protect its internal deliberations.
What is missing from this portrait is the crucial role of the third branch of government, the judiciary, which has powerfully shaped the impeachment process by declining to exercise its prerogatives, rather than defending them. By choosing to treat the current moment as business as usual, federal courts have effectively removed themselves from the process. In effect, that has dictated what arguments can be mounted in the impeachment fight and what witnesses Congress, and the public, can hear?narrowing and obscuring the case against Trump.
None of this absolves Democrats of the decisions they’ve made. The House majority could have chosen to fight in court to compel testimony from current and former administration officials, especially former National Security Adviser John Bolton. Those fights would not have been resolved in time to hold an impeachment vote before Christmas, but that deadline is self-imposed and politically motivated. Democrats could have waited, or they could have pursued the court battle while also charging ahead.
Lawyer Blog Post 2019/12/14 13:22
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.
Legal Business 2019/12/10 13:23
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.
Jordon Steiker, a law professor at the University of Texas who filed a friend-of-the-court brief supporting McKinney's position, said he doesn't think the McKinney decision will have much of an effect on cases outside of Arizona.
Legal Business 2019/12/06 00:21
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.