Supreme Court steps into case over consumer agency

Legal Insight 2019/10/17 20:37   Bookmark and Share
The Supreme Court is stepping into a yearslong, politically charged fight over the federal consumer finance watchdog agency that was created in the wake of the 2008 financial crisis.

The justices agreed Friday to review an appeals court decision that upheld the structure of the Consumer Financial Protection Bureau. The agency has long been a target of conservative Republicans.

The Justice Department usually defends federal law. But the Trump administration agrees with a California law firm challenging the CFPB that the president should be able to fire the agency's director for any reason.

The CFPB was created as part of the Dodd-Frank legislation in response to the financial crisis.

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High court to consider state role in prosecuting immigrants

Legal Business 2019/10/15 20:38   Bookmark and Share
Donaldo Morales caught a break when federal prosecutors declined to charge him after he was arrested for using a fake Social Security card so he could work at a Kansas restaurant. But the break was short-lived. Kansas authorities stepped in and obtained a state conviction that could lead to Morales’s deportation.

A state appellate court overturned the conviction, but Kansas appealed. On Wednesday, the U.S. Supreme Court will hear arguments about whether states can prosecute immigrants like Morales who use other people’s Social Security numbers to get a job.

Morales, who plans to attend the arguments with his wife and a son, said he has been having nightmares about being deported. His greatest fear is leaving behind his wife and children if the Supreme Court reinstates his state convictions ? felonies that could trigger deportation proceedings.

“What I did was to earn money honestly in a job to support my family,” the 51-year-old Guatemalan immigrant told The Associated Press in Spanish.

The case before the nation’s highest court arises from three prosecutions in Johnson County, a largely suburban area outside Kansas City, Missouri, where the district attorney has aggressively pursued immigrants under the Kansas identity theft and false-information statutes.
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In or out? Court case on job bias casts pall on LGBT fests

Headline Legal News 2019/10/14 20:39   Bookmark and Share
National Coming Out Day festivities were tempered this year by anxiety that some LGBT folk may have to go back into the closet so they can make a living, depending on what the Supreme Court decides about workplace discrimination law.

But the mere fact that words like “transgender” are being uttered before the nation’s highest court gives some supporters of LGBT workplace rights hope that the pendulum will swing in their favor.

“I want all members of our community to feel supported by the government, and often for a lot of us and a lot of friends of mine, it’s the first time that they feel represented,” said Jessica Goldberg, a bisexual senior at the University of Colorado Denver.

Still, for many, the arguments showed the continuing relevance of National Coming Out Day, first observed in 1988 and marked every Oct. 11, though observances happen over several days. That includes Philadelphia’s annual OutFest, held Sunday this year and billed as the largest National Coming Out Day event.
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Trump’s lawyers ready for Supreme Court in tax record fight

Lawyer Blog Post 2019/10/11 20:39   Bookmark and Share
President Donald Trump’s lawyers are saying they’ll immediately go to the Supreme Court if an appeals court in New York says his tax returns can be released to state prosecutors.

The lawyers notified the 2nd U.S. Circuit Court of Appeals in Manhattan Tuesday that they’ll need time to appeal if the 2nd Circuit rules against them.

The appeals court is hearing the challenge to a judge’s ruling tossing out Trump’s challenge to a subpoena of his tax returns since 2011. The records were sought from Trump’s accounting firm for a criminal probe by Manhattan District Attorney Cyrus R. Vance Jr.

A three-judge panel of the 2nd Circuit is scheduled to hear oral arguments on Oct. 23. A ruling would be likely soon afterward. A spokesman for Vance declined comment.
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Supreme Court takes up cases about LGBT people’s rights

Legal Insight 2019/10/09 11:20   Bookmark and Share
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.

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Supreme Court to hear abortion regulation case

Lawyer Blog Post 2019/10/04 12:04   Bookmark and Share
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.
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