1st female LGBT federal appeals court nominee to get hearing

Court News 2021/09/14 12:18   Bookmark and Share
The U.S. Senate Judiciary Committee is considering President Joe Biden’s nomination of a Vermont judge who played a role in the state’s passage of the first-in-the-nation civil unions law, a forerunner of same-sex marriage, to become the first openly LGBT woman to serve on any federal circuit court.

At the start of the Tuesday hearing, Democratic U.S. Sen. Patrick Leahy, of Vermont, called the nomination of Beth Robinson, an associate justice on the Vermont Supreme Court, to the U.S. Court of Appeals for the 2nd Circuit “truly historic.” The court’s territory includes Connecticut, New York and Vermont.

“She’s been hailed as a tireless champion for equal rights and equal justice in the mode of the late justice Ruth Bader Ginsburg,” Leahy said as he introduced Robinson. “It’s no exaggeration to say that Beth helped Vermont and America more fully realizing the meaning of equality under the law.”

Robinson helped argue the case that led to Vermont’s 2000 civil unions law. She has served on the Vermont Supreme Court since 2011.

She “has built a reputation for her impartiality, and fair application of the law,” said Sen. Bernie Sanders, of Vermont, in his introduction. “She treats people with respect and compassion and she understands the duty of the court to provide equitable justice.”

Robinson told the committee that she would be honored to continue her work promoting the rule of law as a judge on the 2nd circuit.
top

Idaho Supreme Court overturns tougher ballot initiative law

Court News 2021/08/24 10:50   Bookmark and Share
The Idaho Supreme Court has rejected a new law designed to make it harder for voters to get initiatives on the ballot, saying the legislation was so restrictive that it violated a fundamental right under the state’s constitution.

The ruling issued Monday was a win for Reclaim Idaho, a group that successfully sponsored a Medicaid expansion initiative three years ago and that is now working to qualify an initiative for the ballot that aims to increase public education funding.

Idaho Speaker of the House Scott Bedke said in a prepared statement that members of the House Republican Caucus were disappointed by the ruling. He said the law would have increased voter involvement, “especially in the corners of the state too often forgotten by some.”

Reclaim Idaho co-founder Luke Mayville said the ruling means thousands of Idaho residents are “breathing sighs of relief.”

“Nearly every time in our history that our legislature attempted to eliminate the initiative process, either the governor or the courts stepped up to protect the rights of the people. Today’s decision adds a new chapter to that history, and future generations of Idahoans will look back on the court’s decision with gratitude,” Mayville said in a prepared statement.

The high court’s opinion written by Justice Gregory Moeller was unanimous in its main conclusion — that the law should be overturned — though two of the justices said they would have gotten at the same conclusion in slightly different ways.

“The ability of the legislature to make laws related to a fundamental right arises from the reality that, in an ordered society, few rights are absolute,” Moeller wrote. “However, the legislature’s duty to give effect to the people’s rights is not a free pass to override constitutional constraints and legislate a right into non-existence, even if the legislature believes doing so is in the people’s best interest.”

The case pitted the rights of voters to enact and repeal laws against the power of the state Legislature to shape how ballot initiative efforts are carried out. The new law, which passed earlier this year, required signature-gatherers to get 6% of registered voters in each of Idaho’s 35 legislative districts within a short time span. Opponents said it made Idaho’s initiative process the toughest in the nation, rendering such efforts virtually impossible to achieve. But supporters said the law would protect people with less popular political opinions from being overrun by the majority.
top

US moves to cut backlog of asylum cases at US-Mexico border

Court News 2021/08/20 10:40   Bookmark and Share
The Biden administration on Wednesday proposed changing how asylum claims are handled, aiming to reduce a huge backlog of cases from the U.S.-Mexico border that has left people waiting years to find out whether they will be allowed to stay in America.

Under the proposal, routine asylum cases no longer would automatically be referred to the overwhelmed immigration court system managed by the Justice Department but would be overseen by asylum officers from U.S. Citizenship and Immigration Services, part of Homeland Security Department.

Advocates for the change see it as a way to help those with legitimate claims for protection while allowing officials to more quickly deal with people who do not qualify for asylum or are taking advantage of the long delay to stay in the United States.

“Individuals who are eligible will receive relief more swiftly, while those who are not eligible will be expeditiously removed,” Homeland Security Secretary Alejandro Mayorkas said.

The proposal must go through a public comment period before it can be adopted as a new policy.

The immigration court system has an all-time high backlog of about 1.3 million cases. The Trump administration tried to deal with the issue in part by imposing stricter criteria for asylum and forcing people to seek protection in Mexico and Central America. President Joe Biden’s proposal would streamline the system.

The reason for the change is that more people have been seeking asylum under U.S. law, particularly at the U.S.-Mexico border in recent years.

As the system works now, people who present themselves at the border or are apprehended by the Border Patrol and identify themselves as asylum-seekers must pass what is known as a “credible fear” interview. A USCIS asylum officer determines whether they meet the criteria of someone facing persecution in their homeland because of race, religion, nationality, membership in a particular social group or political opinion.
top

Announcing the Launch of Houston Firm Website

Court News 2021/08/18 13:19   Bookmark and Share
Law Promo is pleased to announce the launch of the new website for a Houston, Texas Personal Injury Law Firm.

About: Cedillos Law Firm provides experienced representation for people who have been injured and for workers who have been denied overtime pay.

If we handle your case, you will get honest answers and advice from real people who are concerned about getting justice for you. You are not just a number on a file at Cedillos Law Firm.

Read more
top

Holocaust researchers in Poland win libel case on appeal

Court News 2021/08/16 10:24   Bookmark and Share
An appellate court in Poland on Monday rejected a lawsuit brought against two Holocaust scholars in a case that has been closely watched because it was expected to serve as a precedent for research into the highly sensitive area of Polish behavior toward Jews during World War II.

Poland is governed by a nationalist conservative party that has sought to promote remembrance of Polish heroism and suffering during the wartime German occupation of the country. The party also believes that discussions of Polish wrongdoing distort the historical picture and are unfair to Poles.

The Appellate Court of Warsaw argued in its explanation that it believed that scholarly research should not be judged by courts. But it appeared not to be the end: a lawyer for the plaintiff said Monday that she would appeal Monday’s ruling to the Supreme Court.

The ruling was welcomed by the two researchers, Jan Grabowski and Barbara Engelking, who declared it a “great victory” in a Facebook post.

“We greet the verdict with great joy and satisfaction all the more, that this decision has a direct impact on all Polish scholars, and especially on historians of the Holocaust,” they said.

Monday’s ruling comes half a year after a lower court ordered the two researchers to apologize to a woman who claimed that her deceased uncle had been defamed in a historical work they edited and partially wrote, “Night Without End: The Fate of Jews in Selected Counties of Occupied Poland.”

Lawyers for the niece, 81-year-old Filomena Leszczynska, argued that her uncle was a Polish hero who had saved Jews, and that the scholars had harmed her good name and that of her family by suggesting the uncle was also involved in the killing of Jews.

The plaintiffs’ lawyer, Monika Brzozowska-Pasieka, said in an emailed statement to The Associated Press that Leszczynska was “astonished” by the judgement and intends to file an appeal to the Polish Supreme Court.
top

Federal judge leaves CDC evictions moratorium in place

Court News 2021/08/13 10:20   Bookmark and Share
A federal judge is refusing landlords’ request to put the Biden administration’s new eviction moratorium on hold, though she made clear she thinks it’s illegal.

U.S. District Judge Dabney Friedrich on Friday said her “hands are tied” by an appellate ruling the last time courts considered the evictions moratorium in the spring.

Alabama landlords who are challenging the moratorium are likely to appeal.

Friedrich wrote that the new temporary ban on evictions the Centers for Disease Control and Prevention imposed last week is substantially similar to the version she ruled was illegal in May. At the time, Freidrich put her ruling on hold to allow the administration to appeal.

This time, she said, she is bound to follow a ruling from the appeals court that sits above her, the U.S. Court of Appeals for the District of Columbia Circuit.

If the D.C. Circuit doesn’t give the landlords what they want, they are expected to seek Supreme Court involvement.

In late June, the high court refused by a 5-4 vote to allow evictions to resume. Justice Brett Kavanaugh, part of the slim majority, said he agreed with Friedrich, but was voting to keep the moratorium in place because it was set to expire at the end of July.

Kavanaugh said then that he would reject any additional extension without clear authorization from Congress, which has not been able to take action.

In discussing the new moratorium last week, President Joe Biden acknowledged there were questions about its legality, but said a court fight over the new CDC order would buy time for the distribution of some of the $45 billion in rental assistance that has been approved but not yet used.
top

◀ PREV : [1] : [2] : [3] : [4] : [5] : .. [73] : NEXT ▶








Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design