Legal Business 2021/06/14 09:53
With abortion and guns already on the agenda, the conservative-dominated Supreme Court is considering adding a third blockbuster issue — whether to ban consideration of race in college admissions.
The justices could say as soon as Monday whether they will hear an appeal claiming that Harvard discriminates against Asian American applicants, in a case that could have nationwide repercussions. The case would not be argued until the fall or winter.
“It would be a big deal because of the nature of college admissions across the country and because of the stakes of having this issue before the Supreme Court,” said Gregory Garre, who twice defended the University of Texas’ admissions program before the justices.
The presence of three appointees of former President Donald Trump could prompt the court to take up the case, even though it’s only been five years since its last decision in a case about affirmative action in higher education.
In that Texas case, the court reaffirmed in a 4-3 decision that colleges and universities may consider race in admissions decisions. But they must do so in a narrowly tailored way to promote diversity, the court said in a decision that rejected the discrimination claims of a white applicant. Schools also bear the burden of showing why their consideration of race is appropriate.
Two members of that four-justice majority are gone from the court. Justice Ruth Bader Ginsburg died in September. Justice Anthony Kennedy retired in 2018.

Legal Business 2021/05/10 20:03
A British lawyer and climate campaigner was fined 5,000 pounds ($7,070) on Monday after being convicted of contempt of court for a tweet which broke an embargo on a U.K. Supreme Court judgment over Heathrow Airport’s expansion.
Tim Crosland, a director of an environmental campaign group, revealed on social media the court ruling on Heathrow Airport’s proposed third runway a day before it was made public in December. He was among involved parties to receive a draft of the appeal judgment, and has said that he broke the embargo deliberately as “an act of civil disobedience” to protest the “deep immorality of the court’s ruling.”
The court had ruled that a planned third runway at Heathrow was legal. The case was at the center of a long-running controversy and environmentalists had argued for years that the climate impact far outweighed the economic benefits of expanding the airport.
Crosland said the proposed 14 billion-pound ($19.8 billion) expansion of Heathrow, one of the world’s busiest, would breach Britain’s commitments to the Paris climate agreement.
He argued that the government “deliberately suppressed” information about the effect that the airport’s expansion would have on the climate crisis, and said the publicity gained over breaking the embargo would act as an “antidote” to that.
Addressing the court, Crosland said: “If complicity in the mass loss of life that makes the planet uninhabitable is not a crime, then nothing is a crime.”
Three Supreme Court justices found Crosland in contempt of court for his “deliberate and calculated breaches of the embargo” and fined him 5,000 pounds.
The judges said he “wanted to demonstrate his deliberate defiance of the prohibition and to bring this to the attention of as large an audience as possible.”
Crosland had brought a small suitcase to Monday’s hearing at the Royal Courts of Justice in case he was given immediate jail time. The maximum sentence had been up to two years in prison and an unlimited fine.

Legal Business 2021/04/28 14:03
The grandmother of a 2-year-old girl who was beaten and starved to death wants to file a wrongful death lawsuit against three caseworkers who oversaw the girl’s care, and has taken her case to the Ohio Supreme Court.
During oral arguments Wednesday, justices questioned the responsibility the state’s children’s service agency has for protecting children as its caseworkers investigate allegations of abuse.
The child prompting the case, Glenara Bates, weighed under 14 pounds ? almost half the recommended weight for a 2-year-old girl?when she died in March 2015, and Hamilton County authorities said she was beaten by her parents, with visible belt and bite marks among other injuries.
Her father, Glen Bates, was sentenced to death the following year, but his conviction and sentence were later overturned after the state high court said a juror who made racially biased comments on a jury questionnaire should not have been seated in the trial of Bates, who is Black. A new trial is scheduled for January.
The girl’s mother was sentenced to 15 years to life in prison.
After Glenara’s death, the girl’s maternal grandmother, Desena Bradley, sued three Hamilton County caseworkers, saying they missed obvious signs of abuse. Three weeks after caseworkers declared the girl “happy and healthy” during a March 2015 visit, she was dead, according to Desena Bradley’s complaint in the Ohio Supreme Court.
“According to the coroner, Glenara had been brutalized for months on end before her death,” Rachel Bloomekatz, an attorney representing the grandmother, said in a November court filing. “But somehow, Glenara’s bruises, scars, bite marks, whip marks, and gaunt, under-fed body completely eluded the caseworkers.”
State law provides case workers immunity from such lawsuits unless they were found to have acted “in a wanton or reckless manner.” Lower courts rejected the grandmother’s claims, saying she hadn’t provided enough evidence that the immunity should be lifted.
Desena Bradley appealed to the Ohio Supreme Court, which held oral arguments Wednesday. A decision isn’t expected for months. It’s unclear from court records whether Desena Bradley stepped in on behalf of her granddaughter when she was alive.
Hamilton County officials wants the high court to dismiss the lawsuit, arguing the girl was killed by her parents and not by county workers. There’s no evidence the caseworkers acted maliciously or in bad faith, county attorneys said.

Legal Business 2021/04/04 13:22
The Hawaii Supreme Court has heard arguments regarding a dispute regarding how many endangered Hawaiian hoary bats a wind farm is allowed to kill.
The Na Pua Makani wind farm has sparked controversy after 200 people were arrested trying to stop its massive turbines from being hauled from the port at Kalaeloa to Kahuku, the Honolulu Star-Advertiser reported Friday.
Now the 24-megawatt project is at the center of a legal dispute with the nonprofit Keep the North Shore Country over the developer’s habitat conservation plan and incidental take license, which allows the turbines to kill 51 bats over 21 years.
Lance Collins, the nonprofit’s attorney, told the justices that the agency did not follow the standard set by the Legislature in protecting endangered species.
John Manaut, attorney for Na Pua Makani, told justices at the hearing that the conservation plan is based on the best available science and was compiled by the members of the Endangered Species Recovery Committee and two experts who testified at the case hearing, the newspaper reported.
Scientists estimate there are between a few hundred and a few thousand Hawaiian hoary bats in the main Hawaiian Islands. The species is the state’s only land mammal and is susceptible to extinction due to its low reproductive rates.
Na Pua Makani is an eight-turbine project that will help Oahu reduce its dependence on fossil fuels, Manaut said.

Legal Business 2021/03/15 13:05
The Colorado Supreme Court has ruled that state Senate Democrats violated the constitution in 2019 when they responded to Republicans’ request that bills be read at length by having computers speed-read the bills in an intelligible garble.
The Colorado Sun reports that in a 4-3 ruling released Monday, the court ruled the speed-reading tactic violated the constitution’s mandate that legislation be read at length upon request.
“There are unquestionably different ways by which the legislature may comply with the reading requirement,” Justice Carlos Samour Jr. wrote in the majority opinion. “But the cacophony generated by the computers here isn’t one of them.”
Minority Senate Republicans were trying to delay Democrats’ attempts to overhaul oil and gas regulations by asking that bills be read aloud ? including a 2,000-page measure. When Democrats resorted to computers, Republicans sued. A lower court found for the minority party.
In a dissenting opinion, Justice Monica M. Marquez wrote that the court should give direction on how legislation ought to be read in the future.
In 2019, Democrats began negotiating with Republicans to avoid further stalling tactics ? and the GOP has since slowed down work on other occasions to force Democrats to make deals.

Legal Business 2021/03/11 13:06
A convicted Honduran drug trafficker and former leader of a cartel testified in United States federal court Thursday that he paid now-President Juan Orlando Hernandez $250,000 for protection from arrest in 2012.
Devis Leonel Rivera Maradiaga, former leader of the Cachiros cartel, testified that he made the payment in cash through one of Hernandez’s sisters, Hilda Hernandez, in exchange “for protection so that the military police and preventive police didn’t capture us in Honduras.”
He said he also paid so that he wouldn’t be extradited to the U.S. and so companies used by the Cachiros to launder money would be favored by the government. Rivera Maradiaga has admitted to being involved in 78 murders.
At the time of the alleged bribe, Juan Orlando Hernandez was leader of Honduras’ Congress, but had begun angling for the presidency, which he won in 2013. He took office the following January. Hilda Hernandez, who later served in his administration, died in a helicopter crash in 2017.
The accusation came in the third day of testimony in the trial of alleged drug trafficker Geovanny Fuentes Ramirez. U.S. prosecutors have made it clear that allegations against President Hernandez would arise during the trial, though he has not been charged.
Fuentes Ramirez was arrested in March 2020 in Florida. He is charged with drug trafficking and arms possession.
Hernandez has vehemently denied any connection to drug traffickers. One of his brothers, Juan Antonio Hernandez, was convicted of drug trafficking in the same court in 2019.
During that trial, the president was accused of accepting more than $1 million from Mexican drug trafficker Joaquin “El Chapo” Guzman.
U.S. prosecutors have alleged that much of Hernandez’s political rise was funded by drug traffickers who paid to be allowed to move drugs through Honduras without interference.
In January, U.S. federal prosecutors filed motions in the Fuentes Ramirez case saying that Hernandez took bribes from drug traffickers and had the country’s armed forces protect a cocaine laboratory and shipments to the United States.
The documents quote Hernandez ? identified as co-conspirator 4 ? as saying he wanted to “‘shove the drugs right up the noses of the gringos’ by flooding the United States with cocaine.”
This week, Hernandez has said in a series of Twitter messages that the witnesses in New York are seeking to lighten their sentences by making up lies against him.
