Lawyer Blog Post 2020/01/22 15:59
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.

Lawyer Blog Post 2020/01/17 16:01
A court in eastern Germany indicated Tuesday that it will likely reject a Jewish man’s bid to force the removal of an ugly remnant of centuries of anti-Semitism from a church where Martin Luther once preached.
The Naumburg court's senate said, at a hearing, that “it will maybe reject the appeal,” court spokesman Henning Haberland told reporters.
“The senate could not follow the plaintiff's opinion that the defamatory sculpture can be seen as an expression of disregard in its current presentation,” Haberland said.
The verdict will be announced on February 4.
The so-called “Judensau,” or “Jew pig,” sculpture on the Town Church in Wittenberg dates back to around 1300. It is perhaps the best-known of more than 20 such anti-Semitic relics from the Middle Ages that still adorn churches across Germany and elsewhere in Europe.
Located 4 meters (13 feet) above the ground on a corner of the church, it depicts Jews suckling on the teats of a sow, while a rabbi lifts the animal’s tail. In 1570, after the Protestant Reformation, an inscription referring to an anti-Jewish tract by Luther was added.
Judaism considers pigs impure and no one disputes that the sculpture is deliberately offensive. But there is strong disagreement about what to do with the relief.

Lawyer Blog Post 2020/01/14 10:17
The Supreme Court on Monday left in place the conviction of a Massachusetts woman who sent her boyfriend text messages urging him to kill himself.
Michelle Carter is serving a 15-month sentence after being convicted of involuntary manslaughter in the 2014 death of her boyfriend, Conrad Roy III. A judge determined that Carter, who was 17, caused the death of the 18-year-old Roy when she ordered him in a phone call to get back in his carbon monoxide-filled truck that he’d parked in a Kmart parking lot.
The phone call wasn’t recorded, but the judge relied on a text Carter sent her friend in which she said she told Roy to get back in. In text messages sent in the days leading up to Roy’s death, Carter also encouraged Roy to follow through with his suicide plan and chastised him when he didn’t, Massachusetts courts found.
The case has garnered national attention and sparked legislative proposals in Massachusetts to criminalize suicide coercion.
Carter’s lawyers argued in their Supreme Court appeal that the conviction should be thrown out because it was an “unprecedented” violation of her free speech rights that raised crucial questions about whether “words alone” are enough to hold someone responsible for another person’s suicide.
The lawyers also argued there was simply not enough evidence to prove Carter urged Roy to to get back in his truck to die, or that he would have lived if she had called for help or taken other actions to try and save his life.
Joseph Cataldo, one of Carter’s lawyers, said Monday’s decision was an “injustice” and that the legal team is weighing its next steps. He didn’t elaborate.
“The Court passed on the rare chance to clarify an outdated and confusing exception to the First Amendment, which has divided courts around the country,” said Daniel Marx, another one of Carter’s lawyers. “It also missed an invaluable opportunity to address the toxic combination of mental illness, adolescent psychology, and social media that was at the heart of this suicide case and will likely lead to additional tragedies in the future.”
The court’s decision was welcomed by Bristol District Attorney Thomas Quinn III, whose office prosecuted the case.
“The US Supreme Court’s decision today brings closure to the family of Conrad Roy for his tragic death. I hope that the finality of this decision brings some solace to them,” he said in a statement.

Lawyer Blog Post 2020/01/03 11:25
A St. Petersburg court on Monday ordered the detention of twoRussianmen who were arrested on a tip provided by the U.S. and are suspected of plotting unspecified terrorist attacks in the city during the New Year holidays.
The Dzerzhinsky District Court ruled that the suspects identified as Nikita Semyonov and Georgy Chernyshev should remain in custody pending their trial.
The Federal Security Service (FSB), the main KGB successor agency, said in a statement that the suspects detained on Friday confessed to plotting the attacks. It added that it also seized materials proving their guilt.
The FSB didn’t elaborate on their alleged motives or targets, but Russia’s state television reported that the suspects had recorded a video swearing their allegiance to the Islamic State group.
The FSB said it was acting on a tip provided by its “American partners.”
On Sunday, Russian President Vladimir Putin called U.S. President Donald Trump to thank him “for information transmitted through the special services that helped prevent terrorist attacks in Russia,” according to the Kremlin.

Lawyer Blog Post 2019/12/21 09:01
America’s last prolonged look at Chief Justice John Roberts came 14 years ago, when he told senators during his Supreme Court confirmation hearing that judges should be like baseball umpires, impartially calling balls and strikes.
“Nobody ever went to a ballgame to see the umpire,” Roberts said.
His hair grayer, the 64-year-old Roberts will return to the public eye as he makes the short trip from the Supreme Court to the Senate to preside over President Donald Trump’s impeachment trial. He will be in the national spotlight, but will strive to be like that umpire ? doing his best to avoid the partisan mire.
“He’s going to look the part, he’s going to play the part and he’s the last person who wants the part,” said Carter Phillips, who has argued 88 Supreme Court cases, 43 of them in front of Roberts.
He has a ready model he can follow: Chief Justice William Rehnquist, who never became the center of attention when he presided over President Bill Clinton’s Senate trial.
As Roberts moves from the camera-free, relative anonymity of the Supreme Court to the glare of television lights in the Senate, he will have the chance to demonstrate by example what he has preached relentlessly in recent years: Judges are not politicians.

Lawyer Blog Post 2019/12/18 09:20
From campuses along India’s Himalayan northern border to its southern Malabar Coast, a student-led protest movement against a new law that grants citizenship on the basis of religion spread nationwide on Wednesday despite efforts by the government to contain it.
The law provides a path to citizenship for Hindus, Buddhists, Christians and other religious minorities who are in India illegally but can demonstrate religious persecution in Muslim-majority Bangladesh, Pakistan and Afghanistan. It does not apply to Muslims.
Critics say it’s the latest effort by Prime Minister Narendra Modi’s Hindu nationalist-led government to marginalize India’s 200 million Muslims, and a violation of the country’s secular constitution.
Modi has defended it as a humanitarian gesture, but on Wednesday, authorities tightened restrictions on protesters, expanding a block on the internet and a curfew in Assam, where protests since the law’s passage a week ago have disrupted life in Gauhati, the state capital. They also restricted assembly in a Muslim neighborhood in New Delhi where demonstrators on Tuesday burned a police booth and several vehicles.
After India’s Supreme Court postponed hearing challenges to the law Wednesday, huge demonstrations erupted in Gauhati, in Chennai, in the southern state of Tamil Nadu, and in Mumbai, India’s financial capital. Protesters also rallied in Srinagar, the main city in disputed Kashmir and in the tourist mecca of Jaipur in the desert state of Rajasthan, and threw stones at buses in Kochi, the capital of the southernmost state of Kerala.
