Supreme Court declines gay rights work discrimination case

Lawyer Blog Post 2017/12/10 10:17   Bookmark and Share
The Supreme Court is leaving in place a lower court ruling that a federal employment discrimination law doesn't protect a person against discrimination based on their sexual orientation.

The court on Monday declined to take up the question of whether a law that bars workplace discrimination "because of...sex" covers discrimination against someone because of their sexual orientation.

President Barack Obama's Equal Employment Opportunity Commission 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. Federal appeals courts are split on the issue. That means the issue is likely to come to the court again.

The case the Supreme Court declined to take involved Jameka Evans, a gay woman who worked as a hospital security officer in Georgia. Lower courts said she couldn't use Title VII to sue for discrimination.

The Supreme Court didn't explain why it was declining to hear the case. But the hospital where Evans worked, Georgia Regional Hospital, told the court there were technical legal problems with the case.

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Idaho man upset with court tries to crash into courthouse

Legal Business 2017/12/09 10:18   Bookmark and Share
Authorities say an Idaho man tried to crash a car into a courthouse in downtown Boise because he was upset with the court system.

The Ada County Sheriff's office says 37-year-old Jonathan Joseph Locksmith drove toward the courthouse in the state's capital city Sunday morning.

According to authorities, Locksmith apparently made it onto the courthouse plaza in the car, spinning it around in a "doughnut" before landing the vehicle in a fountain. There were no injuries reported.

Locksmith has been arrested on a misdemeanor reckless driving charge and is now in jail.  It's unclear if he has an attorney.

The sheriff's office says Locksmith told a passer-by that he was upset with the court system and wanted to be arrested to go back to jail.
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Court reverses itself and restores woman's murder conviction

Legal Insight 2017/12/09 10:18   Bookmark and Share
Georgia's highest court has reversed it own recent decision and restored the murder conviction of a woman whose husband shot and killed a police officer.

The Georgia Supreme Court issued a new opinion Monday that upholds Lisa Ann Lebis' felony murder conviction in the 2012 slaying of Clayton County police officer Sean Callahan.

Barely a month ago the same court had axed Lebis' conviction, saying prosecutors failed to prove she "jointly possessed" the gun that her husband, Tremaine Lebis, used to kill the officer as the couple tried to flee a Stockbridge motel.

The new decision concludes that Lisa Ann Lebis could still be held accountable for the slaying as a co-conspirator.

The opinion Monday does not say why the high court chose to revisit the case.
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Supreme Court won't hear dispute involving NC TV network

Lawyer Blog Post 2017/12/08 10:18   Bookmark and Share
A lawsuit against a North Carolina city for allegedly discriminating against an African-American-owned television network will go forward after the Supreme Court declined to get involved in the case.

The Supreme Court's announcement Monday that it would not get involved in the dispute leaves in place a ruling of the U.S. Court of Appeals for the 4th Circuit earlier this year that revived the lawsuit. A trial court had initially dismissed it.

Black Network Television claims the City of Greensboro rescinded a $300,000 economic development loan because of race. The city says race had nothing to do with it. Appeals court judges ruled 2-1 that the lawsuit had been improperly dismissed.

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Travel ban is headed back to a federal appeals court in Virginia

Court News 2017/12/07 10:18   Bookmark and Share
Thirteen judges on the 4th U.S. Circuit Court of Appeals will be asked to decide if the ban violates the constitution by discriminating against Muslims, as opponents say, or is necessary to protect national security, as the Trump administration says.

The hearing scheduled Friday comes four days after the U.S. Supreme Court ruled that the Trump administration can fully enforce the ban even as the separate challenges continue before the Richmond, Virginia-based 4th Circuit and the San Francisco-based 9th Circuit appeals courts.

The 4th Circuit is being asked to reverse the decision of a Maryland judge whose injunction in October barred the administration from enforcing the ban against travelers from Chad, Iran, Libya, Somalia, Syria and Yemen who have bona fide relationships with people or organizations in the U.S. The ban also applies to travelers from North Korea and to some Venezuelan government officials and their families, but the lawsuits didn't challenge those restrictions.

Trump announced his initial travel ban on citizens of certain Muslim-majority nations in late January, bringing havoc and protests to airports around the country. A federal judge in Seattle soon blocked it, and courts since then have wrestled with the restrictions as the administration has rewritten them. The latest version blocks travelers from the listed countries to varying degrees, allowing for students from some of the countries while blocking other business travelers and tourists, and allowing for admissions on a case-by-case basis.

Opponents say the latest version of the ban is another attempt by Trump to fulfill his campaign pledge to keep Muslims out of the U.S. The administration, however, says the ban is based on legitimate national security concerns.

The 4th Circuit rejected an earlier version in May, finding that it "drips with religious intolerance, animus and discrimination" toward Muslims. The judges cited Trump's campaign pledge on Muslim travelers, as well as tweets and remarks he has made since taking office.
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Arkansas judge blocks state from issuing birth certificates

Legal Business 2017/12/04 10:19   Bookmark and Share
An Arkansas judge on Friday blocked the state from issuing any birth certificates until officials are able to comply with a U.S. Supreme Court ruling that the state's birth certificate law illegally favors heterosexual parents.

Pulaski County Circuit Judge Tim Fox on Friday set aside his orders requiring the state and three same-sex couples go into mediation on how to fix the state law to comply with the U.S. high court's order. Attorney General Leslie Rutledge earlier this week asked the state Supreme Court to stay or lift Fox's mediation order.

"This case has been pending for over two years and it has been more than six months since the United States Supreme Court ruled the Arkansas statutory scheme unconstitutional," Fox wrote in his order. "There are citizens and residents of the state of Arkansas whose constitutional rights are being violated on a daily basis."

Fox last month had threatened to halt the issuance of birth certificates if both sides couldn't find language by Jan. 5 to be stricken from the law. Rutledge told the court this week that both sides had agreed on an order on how to comply with the high court ruling, but Fox rejected it. A spokeswoman for Rutledge said the AG's office was reviewing Fox's order and did not have an immediate comment.

In his order, Fox said he was hopeful Gov. Asa Hutchinson would have the authority to fix the birth certificate law through executive action. If the state is unable to fix the law, Fox said, the injunction would be in effect until lawmakers could address the issue. Lawmakers are not scheduled to convene again until February for a session focused on the budget. Hutchinson could call a special session.

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