Supreme Court: Ross can't be questioned in census suit

Legal Business 2018/10/23 01:28   Bookmark and Share
The Supreme Court is siding with the Trump administration to block the questioning of Commerce Secretary Wilbur Ross about his decision to add a citizenship question to the 2020 census.

The unsigned order Monday overrides lower federal courts in New York that would have allowed the questioning of Ross to proceed in lawsuits challenging the addition of a citizenship question on the decennial census for the first time since 1950.

The suits by a dozen states and big cities, among others, say the citizenship question will discourage immigrants from participating, diluting political representation and federal dollars for states that tend to vote Democratic.

But the court is allowing the deposition of acting assistant attorney general John Gore to go forward, over the dissent of Justices Neil Gorsuch and Clarence Thomas.

A trial is scheduled to begin in New York on Nov. 5, although Gorsuch suggested in a four-page opinion that U.S. District Judge Jesse Furman could delay the proceedings. Gorsuch said he "sees no reason to distinguish between Secretary Ross' deposition and those of other senior executive officials."

Furman based his ruling requiring Ross' deposition on concerns about Ross' truthfulness in relating how the decision to add the citizenship question came about. The judge noted that Ross claimed in March, when the decision to add the citizenship question was announced, that he considered adding it after a request to do so last December from the Justice Department.
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Young climate activists say their lawsuit should go to trial

Headline Legal News 2018/10/22 21:27   Bookmark and Share
Young activists who are suing the U.S. government in a high-profile climate change lawsuit say the case poses important constitutional questions that should be fully evaluated at trial next week.

The 21 young people issued a response Monday after the U.S. Supreme Court temporarily put the trial on hold. Lawyers for the young people, ages 11 to 22, argue that the move "will disrupt the integrity of the judiciary's role as a check on the political branches and will irreparably harm these children."

The trial had been set to start Oct. 29 in federal court in Eugene, Oregon. The lawsuit filed in 2015 argues that government officials have known for more than 50 years that carbon pollution from fossil fuels was causing climate change and that policies on oil and gas deprive the young people of life, liberty and property.

They also say the government has failed to protect natural resources as a "public trust" for future generations. The lawsuit wants a court to order the government to take action to quickly phase out carbon dioxide emissions to a certain level by 2100 and develop a national climate recovery plan.

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Judge: Michael Avenatti must pay $4.85M in ex-lawyer's suit

Legal Insight 2018/10/21 00:27   Bookmark and Share
Porn actress Stormy Daniels' lawyer Michael Avenatti must pay $4.85 million to an attorney who worked at his former law firm, a California judge ruled Monday in an order that holds the potential presidential candidate personally liable in a lawsuit over back pay.

The Los Angeles judge ordered the payout the same day a separate ruling came down evicting Eagan Avenatti LLC from its office space in Southern California after four months of unpaid rent.

In the case over back pay, Los Angeles Superior Court Judge Dennis Landin ruled that Avenatti personally guaranteed a settlement with attorney Jason Frank, who said Eagan Avenatti misstated its profits and that he was owed millions of dollars.

Avenatti, who is best known for representing Daniels in her lawsuit against President Donald Trump following an alleged 2006 affair, did not appear at Monday's hearing and never filed arguments in the case.
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Maldives court overturns prison term for ex-president

Legal Interview 2018/10/20 14:12   Bookmark and Share
A high court in the Maldives on Thursday overturned a prison sentence for the country's former strongman, who had been jailed for not cooperating with a police investigation into allegations he was trying to overthrow the government.

The court set aside the jail term of one year, seven months and six days imposed by the Criminal Court on ex-President Maumoon Abdul Gayoom.

Maumoon was jailed in June for not handing over his cellphone to investigators after being accused of being part of a plan to overthrow his half-brother, outgoing President Yameen Abdul Gayoom. Maumoon was among dozens of political opponents and officials jailed by Yameen during his five-year rule after trials criticized for alleged lack of due process.

Yameen lost last month's presidential election to joint opposition candidate Ibrahim Mohamed Solih. The court ruled Thursday that the lower court did not follow correct trial procedures.
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EU court orders Poland to reinstate Supreme Court judges

Lawyer Blog Post 2018/10/20 14:12   Bookmark and Share
The European Union's top court ordered Poland on Friday to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing some 20 off the bench.

The interim injunction from the European Court of Justice also obliges EU member Poland to reinstate the judges who had to retire early after the law took effect in July. It lowered the age limit for Supreme Court service from 70 to 65.

The powerful leader of Poland's conservative ruling party, Jaroslaw Kaczynski, said Poland would observe EU law, but not whether the government would comply with the order. He also said the government would do all it could to "defend our state interest."

The European Commission, the EU's executive branch, asked for the injunction while the Court of Justice considers its challenge to the age cap as a violation of EU laws on judicial independence and the right to a fair trial. A ruling in the main proceedings is expected later.

Supreme Court judges, arguing the forced retirements are an infringement of Poland's Constitution, also have sought the European court's opinion.

Kaczynski's Law and Justice party has made overhauling the judicial system a key focus since it came to power in 2015. The government maintains that removing justices who were active during Poland's communist era will make the courts more efficient and fairer.

Among the evidence Court of Justice Vice President Rosario Silva de Lapuerta cited in the order was "a profound and immediate change in the composition of the Supreme Court" since the disputed law went into force. Along with the retirements, an increase in court seats from 93 to 120 created more than 44 vacancies, and President Andrzej Duda has filled at least 27 of them, Lapuerta said.

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Court to hear case over ID of Texas execution drug supplier

Legal Insight 2018/10/19 14:12   Bookmark and Share
The Texas Supreme Court has reversed itself and granted the state's request to review a case dealing with the disclosure of an execution drug supplier that officials have fought for years to keep secret.

The Texas Supreme Court on Friday approved the state's appeal asking that it review a lower court's order that the state's prison agency must identify its execution drug supplier.

In June, the court had denied the state's request to review the ruling by Texas' 3rd Court of Appeals.

The case stems from a lawsuit seeking to identify the supplier Texas used in two 2014 executions. A measure was signed into law the next year allowing the state to keep future supplier records secret. Oral arguments in the case have been set for Jan. 23.

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