Supreme Court will weigh banning homeless people from sleeping outside

Court News 2024/04/22 11:57   Bookmark and Share
The Supreme Court will consider Monday whether banning homeless people from sleeping outside when shelter space is lacking amounts to cruel and unusual punishment.

The case is considered the most significant to come before the high court in decades on homelessness, which has reached record levels in the United States.

In California and other Western states, courts have ruled that it’s unconstitutional to fine and arrest people sleeping in homeless encampments if shelter space is lacking.

A cross-section of Democratic and Republican officials contend that makes it difficult for them to manage encampments, which can have dangerous and unsanitary living conditions.

But hundreds of advocacy groups argue that allowing cities to punish people who need a place to sleep will criminalize homelessness and ultimately make the crisis worse as the cost of housing increases.

Dozens of demonstrators gathered outside the court Monday morning with silver thermal blankets and signs like “housing not handcuffs.”

The Justice Department has also weighed in. It argues people shouldn’t be punished just for sleeping outside, but only if there’s a determination they truly have nowhere else to go.

The case comes from the rural Oregon town of Grants Pass, which started fining people $295 for sleeping outside to manage homeless encampments that sprung up in the city’s public parks as the cost of housing escalated.

The measure was largely struck down by the San Francisco-based 9th Circuit Court of Appeals, which also found in 2018 that such bans violated the Eighth Amendment by punishing people for something they don’t have control over. The 9th Circuit oversees nine Western states, including California, which is home to about one-third of the nation’s homeless population.

The case comes after homelessness in the United States grew a dramatic 12%, to its highest reported level as soaring rents and a decline in coronavirus pandemic assistance combined to put housing out of reach for more Americans, according to federal data. The court is expected to decide the case by the end of June.
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Judge in Trump case orders media not to report where potential jurors work

Court News 2024/04/15 14:11   Bookmark and Share
The judge in Donald Trump’s hush money trial ordered the media on Thursday not to report on where potential jurors have worked and to be careful about revealing information about those who will sit in judgment of the former president.

Judge Juan Merchan acted after one juror was dismissed when she expressed concerns about participating in the trial after details about her became publicly known.

The names of the jurors are supposed to be a secret, but the dismissed juror told Merchan she had friends, colleagues and family members contacting her to ask whether she was on the case. “I don’t believe at this point I can be fair and unbiased and let the outside influences not affect my decision-making in the courtroom,” she said.

Merchan then directed journalists present in the courthouse not to report it when potential jurors told the court their specific workplaces, past or present. That put journalists in the difficult position of not reporting something they heard in open court.

Some media organizations were considering whether to protest having that onus placed on them. Generally, the First Amendment of the U.S. Constitution bars judges from ordering journalists not to disclose what they hear and see in courtrooms open to the public, though there are exceptions, such as when military security is at stake.

New York criminal defense lawyer Ron Kuby said that while judges typically can’t control what the media reports, other options are available to protect juror anonymity, including restricting what reporters see and hear in the courtroom.

“There are actions the judge could take,” he said. “Courts have extraordinary powers to protect jurors from tampering and intimidation. It is really where a court’s power is at its peak.”

The court action underscored the difficulty of trying to maintain anonymity for jurors in a case that has sparked wide interest and heated opinions, while lawyers need to sift through as much information as possible in a public courtroom to determine who to choose.

Despite the setback, 12 jurors were seated by the end of Thursday for the historic trial. Trump is charged with falsifying his company’s business records to cover up an effort during the 2016 presidential election campaign to squash negative publicity about alleged marital infidelity. Part of the case involves a $130,000 payment made to porn actor Stormy Daniels to prevent her from making public her claims of a sexual meeting with Trump years earlier. Trump has denied the encounter.

New York state law requires trial attorneys to get the names of jurors, but the judge has ordered the lawyers in Trump’s case not to disclose those names publicly. The jurors’ names haven’t been mentioned in court during three days of jury selection.

Still, enough personal information about the jurors was revealed in court that people might be able to identify them anyway.

Some news organizations described details including what Manhattan neighborhoods potential jurors lived in, what they did for a living, what academic degrees they had earned, how many children they had, what countries they grew up in and what their spouses did for a living.

On Fox News Channel Wednesday night, host Jesse Watters did a segment with a jury consultant, revealing details about people who had been seated on the jury and questioning whether some were “stealth liberals” who would be out to convict Trump.
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Elon Musk will be investigated over fake news and obstruction in Brazil

Court News 2024/04/08 16:01   Bookmark and Share
A crusading Brazilian Supreme Court justice included Elon Musk as a target in an ongoing investigation over the dissemination of fake news and opened a separate investigation late Sunday into the executive for alleged obstruction.

In his decision, Justice Alexandre de Moraes noted that Musk on Saturday began waging a public “disinformation campaign” regarding the top court’s actions, and that Musk continued the following day — most notably with comments that his social media company X would cease to comply with the court’s orders to block certain accounts.

“The flagrant conduct of obstruction of Brazilian justice, incitement of crime, the public threat of disobedience of court orders and future lack of cooperation from the platform are facts that disrespect the sovereignty of Brazil,” de Moraes wrote.

Musk will be investigated for alleged intentional criminal instrumentalization of X as part of an investigation into a network of people known as digital militias who allegedly spread defamatory fake news and threats against Supreme Court justices, according to the text of the decision. The new investigation will look into whether Musk engaged in obstruction, criminal organization and incitement.

Musk has not commented on X about the latest development as of late Sunday.

Brazil’s political right has long characterized de Moraes as overstepping his bounds to clamp down on free speech and engage in political persecution. In the digital militias investigation, lawmakers from former President Jair Bolsonaro’s circle have been imprisoned and his supporters’ homes raided. Bolsonaro himself became a target of the investigation in 2021.

De Moraes’ defenders have said his decisions, although extraordinary, are legally sound and necessary to purge social media of fake news as well as extinguish threats to Brazilian democracy — notoriously underscored by the Jan. 8, 2023, uprising in Brazil’s capital that resembled the Jan. 6, 2021 insurrection in the U.S. Capitol.

On Saturday, Musk — a self-declared free speech absolutist — wrote on X that the platform would lift all restrictions on blocked accounts and predicted that the move was likely to dry up revenue in Brazil and force the company to shutter its local office.

“But principles matter more than profit,” he wrote.

He later instructed users in Brazil to download a VPN to retain access if X was shut down and wrote that X would publish all of de Moraes’ demands, claiming they violate Brazilian law. Musk had not published de Moraes’ demands as of late Sunday and prominent blocked accounts remained so, indicating X had yet to act based on Musk’s previous pledges.
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The Man Charged in an Illinois Attack That Left 4 Dead Is Due Back in Court

Court News 2024/04/02 16:28   Bookmark and Share
A northern Illinois man charged with killing four people and injuring seven others by stabbing, beating and driving over them is expected back in court on Tuesday.

A judge in the city of Rockford is expected to consider prosecutors' request that Christian Soto remain jailed pending trial. The 22-year-old appeared briefly in court on Thursday, a day after the attacks in Rockford and his arrest. His defense asked for more time to prepare for the hearing.

The Winnebago County Public Defender's office, listed as Soto's representative in court documents, has not returned messages from The Associated Press seeking comment on his behalf.

The Winnebago County coroner on Thursday identified those killed as 63-year-old Romona Schupbach; 23-year-old Jacob Schupbach; 49-year-old Jay Larson; and 15-year-old Jenna Newcomb.

Authorities last week described a series of frenzied attacks within minutes at multiple addresses in a Rockford neighborhood, but said they had not determined a motive.

Winnebago County State’s Attorney J. Hanley said Soto told police after his arrest that he had smoked marijuana with Jacob Schupbach and believed the drugs “were laced with an unknown narcotic" that made him paranoid.

Authorities have said Soto first stabbed Schupbach and his mother then violently attacked other people in the area and inside other homes. They said he beat, stabbed and used a truck to run over Larson, who was working as a mail carrier; wounded three people inside one home; and beat Newcomb, her sister and a friend with a baseball bat inside another home.

Authorities said Winnebago County sheriff deputies arrested Soto as he fled from another home where he had stabbed a woman and had been slowed down by a man driving by who stopped to intervene.
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Texas’ migrant arrest law will remain on hold under new court ruling

Court News 2024/03/28 12:46   Bookmark and Share
Texas’ plans to arrest migrants suspected of illegally entering the U.S. will remain on hold under a federal appeals court order that likely prevents enforcement of Republican Gov. Greg Abbott’s new immigration law until a broader decision on whether it is legal.

The 2-1 ruling late Tuesday is the second time a three-judge panel of the 5th U.S. Circuit Court of Appeals has put a temporary hold on the the Texas law. It follows a confusing few hours last week the Supreme Court allowed the law to take effect, setting off anger and anticipation along the U.S.-Mexico border.

The same panel of appeals judges will hear arguments on the law next week.

“I think what we can draw from this, from the chaos that this has been are several conclusions,” said Lisa Graybill, vice president of law and policy at the National Immigration Law Center. “One is that this is clearly a controversial law. Two is that the politics of the justices on the bench are very clearly playing out in their rulings.”

Texas authorities announced no arrests made under the law during that short window on March 19 before the appellate panel stepped in and blocked it.

In Tuesday’s order, Chief Judge Priscilla Richman cited a 2012 Supreme Court decision that struck down portions of a strict Arizona immigration law, including arrest power. The Texas law is considered by opponents to be the most dramatic attempt by a state to police immigration since that Arizona law.

“For nearly 150 years, the Supreme Court has held that the power to control immigration — the entry, admission, and removal of noncitizens — is exclusively a federal power,” wrote Richman, an appointee of Republican President George W. Bush.

The Justice Department has argued that Texas’ law is a clear violation of federal authority and would create chaos at the border. Texas has argued that President Joe Biden’s administration isn’t doing enough to control the border and that the state has a right to take action.

The Texas law, Richman wrote, “creates separate, distinct state criminal offenses and related procedures regarding unauthorized entry of noncitizens into Texas from outside the country and their removal.”

She was joined in the opinion by Judge Irma Carrillo Ramirez, a Biden appointee.

Judge Andrew Oldham, an appointee of former President Donald Trump and a former aide to Abbott, dissented from the majority decision.
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Court upholds mandatory prison terms for some low-level drug dealers

Court News 2024/03/15 14:24   Bookmark and Share
The Supreme Court ruled Friday that thousands of low-level drug dealers are ineligible for shortened prison terms under a Trump-era bipartisan criminal justice overhaul.

The justices took the case of Mark Pulsifer, an Iowa man who was convicted of distributing at least 50 grams of methamphetamine, to settle a dispute among federal courts over the meaning of the word “and” in a muddy provision of the 2018 First Step Act.

The law’s so-called safety valve provision is meant to spare low-level, nonviolent drug dealers who agree to plead guilty and cooperate with prosecutors from having to face often longer mandatory sentences.

Some courts had concluded the use of the word indeed means “and,” but others decided that it means “or.” A defendant’s eligibility for a shorter sentence depended on the outcome.

“Today, we agree with the Government’s view of the criminal-history provision,” Justice Elena Kagan wrote for the majority in the 6-3 decision that did not split the justices along liberal-conservative lines.

In dissent, Justice Neil Gorsuch referred to the First Step Act as possibly “the most significant criminal-justice reform bill in a generation.” But under the court’s decision, “thousands more people in the federal criminal justice system will be denied a chance—just a chance at” a reduced sentence, Gorsuch wrote, joined by Justices Ketanji Brown Jackson and Sonia Sotomayor.

Nearly 6,000 people convicted of drug trafficking in the 2021 budget year alone are in the pool of those who might have been eligible for reduced sentences, according to data compiled by the U.S. Sentencing Commission.

The provision lists three criteria for allowing judges to forgo a mandatory minimum sentence that basically looks to the severity of prior crimes. Congress wrote the section in the negative so that a judge can exercise discretion in sentencing if a defendant “does not have” three sorts of criminal history.

Before reaching their decision, the justices puzzled over how to determine eligibility for the safety valve — whether any of the conditions is enough to disqualify someone or whether it takes all three to be ineligible.

Pulsifer’s lawyers argued that all three conditions must apply before the longer sentence can be imposed. The government said just one condition is enough to merit the mandatory minimum.
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