Court: Government can't block immigrant teens from abortion

Court Watch 2018/03/27 21:34   Bookmark and Share
A federal court in Washington has told the Trump administration that the government can't interfere with the ability of pregnant immigrant teens being held in federal custody to obtain abortions.

A judge issued an order Friday evening barring the government from "interfering with or obstructing" pregnant minors' access to abortion counseling or abortions, among other things, while a lawsuit proceeds. The order covers pregnant minors being held in federal custody after entering the country illegally.

Lawyers for the Department of Health and Human Services, which is responsible for sheltering children who illegally enter the country unaccompanied by a parent, have said the department has a policy of "refusing to facilitate" abortions. And the director of the office that oversees the shelters has said he believes teens in his agency's care have no constitutional right to abortion.

The American Civil Liberties Union brought a lawsuit on behalf of the minors, which the judge overseeing the case also Friday allowed to go forward as a class action lawsuit.

"We have been able to secure justice for these young pregnant women in government custody who will no longer be subject to the government's policy of coercion and obstruction while the case continues," said ACLU attorney Brigitte Amiri after the judge's order became public.

The government can appeal the judge's order. A Department of Justice spokesman didn't immediately respond to an emailed request for comment Friday evening.

The health department said in a statement Saturday that it "strongly maintains that taxpayers are not responsible for facilitating the abortion of unaccompanied minors who entered the country illegally and are currently in the government's care." It said it is "working closely with the Justice Department to review the court's order and determine next steps."

The ACLU and Trump administration have been sparring for months over the government's policy. In a high-profile case last year, the ACLU represented a teen who entered the U.S. illegally in September and learned while in federal custody in Texas that she was pregnant.

The teen, referred to in court paperwork as Jane Doe, obtained a state court order permitting her to have an abortion and secured private funding to pay for it, but federal officials refused to transport her or temporarily release her so that others could take her to get the procedure.

The teen was ultimately able to get an abortion in October as a result of the lawsuit, but the Trump administration has accused the ACLU of misleading the government during the case, a charge the ACLU has denied.
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Cambodian court denies opposition leader release on bail

Court Watch 2018/03/08 23:03   Bookmark and Share
Cambodia's Supreme Court has denied bail for an opposition leader charged with treason who is seeking to be released for medical treatment abroad.

The court ruled Friday that Kem Sokha must remain in pretrial detention for his own safety and because the investigation into his case is ongoing. His Cambodia National Rescue Party was dissolved last November by a court ruling on a complaint by Prime Minister Hun Sen's government.

Kem Sokha's case is widely regarded as a political setup by the government to cripple its opponents ahead of a general election this July. The party's dissolution was linked to the treason charge against Kem Sokha, for which he could be sentenced to up to 30 years in prison.

Kem Sokha's lawyers say he suffers from high blood pressure and diabetes, and has fallen sick in prison since being detained last September.

The court said if Kem Sokha is sick, the prison will arrange for a doctor to examine him inside the prison facility.

"If Kem Sokha is not allowed to have medical treatment at a hospital and in case he dies inside the prison, who will take responsibility? Are all of you responsible?" one of Kem Sokha's lawyers, Chea Cheng, asked the court.

The Phnom Penh Municipal Court this month granted a six-month extension for Kem Sokha's pre-trial detention period after the expiration of the initial six months. He has now been denied bail three times.

Kem Sokha was arrested last September on the basis of videos from several years ago showing him at a seminar where he spoke about receiving advice from U.S. pro-democracy groups. The opposition party has denied the treason allegation, saying the charge is politically motivated.

In the past several years the opposition party has faced an onslaught of legal challenges from Hun Sen's government with the support of the courts, which are generally seen as favoring his ruling Cambodian People's Party. Court rulings forced Sam Rainsy, Kem Sokha's predecessor as opposition leader, to remain in exile to avoid prison and pressured him into resigning from his party. Other top opposition party leaders fled Cambodia after Kem Sokha's jailing and the party's dissolution.
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Court rules in favor of fired transgender funeral director

Court Watch 2018/03/06 23:03   Bookmark and Share
A woman was illegally fired by a Detroit-area funeral home after disclosing that she was transitioning from male to female and dressed as a woman, a federal appeals court ruled Wednesday.

The 6th U.S. Circuit Court of Appeals said R.G. & G.R. Harris Funeral Home in Garden City discriminated against director Aimee Stephens by firing her in 2013.

In a 3-0 decision, the court said "discrimination against employees, either because of their failure to conform to sex stereotypes or their transgender and transitioning status, is illegal under Title VII" of federal civil rights law.

The court overturned a decision by U.S. District Judge Sean Cox, who said the funeral home had met its burden to show that keeping Stephens "would impose a substantial burden on its ability to conduct business in accordance with its sincerely held religious beliefs."

The lawsuit was filed by the U.S. Equal Employment Opportunity Commission.

"The unrefuted facts show that the funeral home fired Stephens because she refused to abide by her employer's stereotypical conception of her sex," said judges Karen Nelson Moore, Helene White and Bernice Donald.

The EEOC learned that the funeral home, until fall 2014, provided clothing to male workers dealing with the public but not females. The court said it was reasonable for the EEOC to investigate and discover the "seemingly discriminatory clothing-allowance policy."

Stephens said in a statement released by the American Civil Liberties Union that nobody "should be fired from their job just for being who they are," adding "I'm thrilled with the court's decision."
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Maldives court delays reinstating pro-opposition lawmakers

Court Watch 2018/02/18 12:26   Bookmark and Share
The Supreme Court of the Maldives delayed its order Sunday reinstating 12 pro-opposition lawmakers ahead of a key parliamentary sitting, the latest political turmoil to roil the island nation.

Opposition lawmaker Ahmed Mahloof said the government may call for important votes at a parliamentary sitting Monday to extend a state of emergency or dismiss two Supreme Court judges who have been arrested on allegations of corruption.

President Yameen Abdul Gayoom's ruling party may have lost a majority in the 85-member parliament if the 12 lawmakers were to be allowed to participate Monday.

The Maldives has faced upheaval since Feb. 1, when the Supreme Court ordered the release of Yameen's imprisoned political opponents and the reinstatement of 12 lawmakers sacked after they sided with the opposition.

The prisoners include Mohamed Nasheed, the country's first president elected in a free election, who could have been Yameen's main rival in his re-election bid later this year.

After days of conflict with the judiciary, Yameen declared a 15-day state of emergency and had the country's chief justice and another Supreme Court judge arrested on bribery allegations.
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Kushner firm seeks court change to keep partners secret

Court Watch 2018/02/09 18:50   Bookmark and Share
The family real estate company once run by presidential adviser Jared Kushner is shifting a federal court case to a new venue so it won't have to reveal the identities of foreign partners behind some of its real estate projects.

With a deadline approaching within hours, the Kushner Cos. filed papers in federal court Friday to move the case involving Maryland apartment complexes it owns with foreign investors back to state court. A federal district court judge ruled last month that the Kushners had to identify its partners by Friday, rejecting arguments from the family company that such disclosures would violate privacy rights.

The Kushner Cos. had also argued that media coverage of the case was "politically motivated" and marked by "unfair sensationalism" given that the company was once run by Jared Kushner, now a senior adviser to his father-in-law, President Donald Trump.

The case has attracted media attention because it promised a rare glimpse into how New York-based Kushner Cos. raises money for its real estate projects, revealing ties to lenders and investors who could possibly raise conflict-of-interest issues.

The fight over disclosure in federal court stems from a lawsuit that started out in Maryland state court last year on an entirely different matter. That lawsuit was brought by tenants alleging a Kushner Cos. affiliate called Westminster Management charges excessive and illegal rent for apartments. It sought class-action status for tenants in 17 apartment complexes. Westminster has said it has broken no laws and denies the charges.
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Comedian Artie Lange arrested for skipping court

Court Watch 2017/12/10 10:17   Bookmark and Share
Comedian Artie Lange has been arrested for skipping a court appearance.

NJ.com reports Lange was arrested Tuesday night at his home in Hoboken. Authorities say Lange failed to appear in Superior Court in Essex County for charges stemming from a drug arrest earlier this year.

Police said they found Lange with a bag of heroin during a traffic stop in May. Lange faces charges of possession of a controlled dangerous substance and drug paraphernalia in the case.

Lange's arrest follows a strange incident over the weekend in which the comedian tweeted a picture of himself with a swollen nose. Hoboken police responded to Lange's home and he later apologized.

Lange wrote in a tweet that he missed court because of a "bad communication" with his lawyer.

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