Legal Insight 2019/10/09 11:20
The Supreme Court on Tuesday heard highly anticipated cases on whether federal civil rights law should apply to LGBT people, with Chief Justice John Roberts questioning how doing so would affect employers.
In the first of two cases, the justices heard arguments on whether a federal law banning job discrimination on the basis of sex should also protect sexual orientation. Lower courts have split on the issue. A related case on transgender employees is also being heard Tuesday.
Roberts, a possible swing vote in the cases, wondered about the implications of what he described as an expansion of the job-discrimination law.
“If we’re going to be expanding the definition of what ‘sex’ covers, what do we do about that issue?” Roberts asked.
Justice Samuel Alito, a conservative, suggested that the high court would be usurping the role of Congress by reading protection for sexual orientation into the 1964 Civil Rights Act, when lawmakers at the time likely envisioned they were doing no such thing.
“You’re trying to change the meaning of ‘sex,’” he said.
Lawyer Blog Post 2019/10/04 12:04
The Supreme Court agreed Friday to plunge into the abortion debate in the midst of the 2020 presidential campaign, taking on a Louisiana case that could reveal how willing the more conservative court is to chip away at abortion rights.
The justices will examine a Louisiana law requiring doctors who perform abortions to have admitting privileges at a nearby hospital. The law is virtually identical to one in Texas that the Supreme Court struck down in 2016, when Justice Anthony Kennedy was on the bench and before the addition of President Donald Trump’s two high court picks, Justices Neil Gorsuch and Brett Kavanaugh, who have shifted the court to the right.
The court’s new term begins Monday, but arguments in the Louisiana case won’t take place until the winter. A decision is likely to come by the end of June, four months before the presidential election.
The Supreme Court temporarily blocked the Louisiana law from taking effect in February, when Chief Justice John Roberts joined the court’s four liberal justices to put it on hold. Kavanaugh and Gorsuch were among the four conservatives who would have allowed the law to take effect.
Those preliminary votes do not bind the justices when they undertake a thorough review of an issue, but they often signal how a case will come out.
Roberts’ vote to block the Louisiana law was a rare vote against an abortion restriction in his more than 13 years as chief justice. That may reflect his new role since Kennedy’s retirement as the court’s swing justice, his concern about the court being perceived as a partisan institution and respect for a prior decision of the court, even one he disagreed with.
Legal Insight 2019/10/02 12:05
LaWanda Clark told jurors Wednesday during Guyger's murder trial that she struggled with a crack cocaine addiction and that Guyger wrote her a ticket on the day of the drug bust. She says Guyger told her that the ticket could be the impetus to turn her life around.
While Clark was speaking, attorneys showed jurors a photo of Guyger attending Clark's graduation from a community drug treatment program.
Clark said Guyger treated her as a person, not as "an addict," and said she is now sober.
Guyger faces up to life in prison for the September 2018 shooting death of Botham Jean. She says she mistook Jean's apartment for her own, which was one floor below.
A high school friend who played in an all-female mariachi band with Amber Guyger says the former Dallas police officer feels "immense remorse" for fatally shooting a neighbor in his own apartment.
Maribel Chavez testified Wednesday that she met Guyger in ninth grade during orchestra practice. They later went on to play in a mariachi band, with Guyger playing violin and trumpet.
Chavez said Guyger is typically bubbly and extroverted, but that since she killed her neighbor, Botham Jean, in September 2018, "It's like you shut her light off."
She described her friend as selfless, caring and a protector of those around her.
Lawyer Blog Post 2019/09/29 23:29
Aimee Stephens lost her job at a suburban Detroit funeral home and she could lose her Supreme Court case over discrimination against transgender people. Amid her legal fight, her health is failing.
But seven years after Stephens thought seriously of suicide and six years after she announced that she would henceforth be known as Aimee instead of Anthony, she has something no one can take away.
The Supreme Court will hear Stephens' case Oct. 8 over whether federal civil rights law that bars job discrimination on the basis of sex protects transgender people. Other arguments that day deal with whether the same law covers sexual orientation.
The cases are the first involving LGBT rights since the retirement of Justice Anthony Kennedy, the court's gay-rights champion and decisive vote on those issues. They probably won't be decided before spring, during the 2020 presidential campaign.
The 58-year-old Stephens plans to attend the arguments despite dialysis treatments three times a week to deal with kidney failure and breathing problems that require further treatment. She used a walker the day she spoke to AP at an LGBT support center in the Ferndale suburb north of Detroit.
Legal Insight 2019/09/29 23:22
A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester.
Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart.
The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later.
U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution.
Headline Legal News 2019/09/27 23:23
Sacramento Kings first-year coach Luke Walton says he is focused on his team and not worried about a lawsuit accusing him of sexual assault.
Walton spoke publicly Friday at Kings media day for the first time since a former sportscaster filed a civil suit against him in April accusing him of the assault.
"I'm here to do my job and focus on the Kings," Walton said. "The rest will take care of itself."
Walton was hired by the Kings in April, soon after being fired following three seasons as coach of the Los Angeles Lakers. He was sued shortly after being hired by Kelli Tennant, a former host on Spectrum SportsNet LA, who accused him of sexually assaulting her in a hotel room in 2014 when he was an assistant with the Golden State Warriors and harassing her after that during his tenure with the Lakers.
The Kings and the NBA investigated the charges but took no action against Walton when "investigators determined that there was not a sufficient basis to support the allegations." Tennant did not participate in the investigation.
Walton still faces a civil suit but has said in a court filing that the allegations aren't backed up in facts. He said the suit is not a distraction to his job.
"My focus is on the Kings and what we're doing to get this group to the next level," he said.
Walton is trying to get the Kings back to the playoffs for the first time since 2006, the longest current postseason drought in the NBA. He takes over a young team featuring emerging stars like De'Aaron Fox, Buddy Hield and Marvin Bagley III.
The Kings hold their first practice Saturday before leaving next week for a trip to India, where they will play two exhibition games. That puts more emphasis on the early days of practice.