Judges: Trump can’t exclude people from district drawings

Legal Insight 2020/09/10 10:28   Bookmark and Share
Saying the president had exceeded his authority, a panel of three federal judges on Thursday blocked an order from President Donald Trump that tried to exclude people in the country illegally from being counted when congressional districts are redrawn.

The federal judges in New York, in granting an injunction, said the presidential order issued in late July was unlawful. The judges prohibited Commerce Secretary Wilbur Ross, whose agency oversees the U.S. Census Bureau, from excluding people in the country illegally when handing in 2020 census figures used to calculate how many congressional seats each state gets.

According to the judges, the presidential order violated laws governing the execution of the once-a-decade census and also the process for redrawing congressional districts known as apportionment by requiring that two sets of numbers be presented ? one with the total count and the other minus people living in the country illegally.

The judges said that those in the country illegally qualify as people to be counted in the states they reside. They declined to say whether the order violated the Constitution.

“Throughout the Nation’s history, the figures used to determine the apportionment of Congress ? in the language of the current statutes, the ‘total population’ and the ‘whole number of persons’ in each State ? have included every person residing in the United States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without,” the judges wrote.

Opponents of the order said it was an effort to suppress the growing political power of Latinos in the U.S. and to discriminate against immigrant communities of color. They also said undocumented residents use the nation’s roads, parks and other public amenities and should be taken into account for any distribution of federal resources.

The lawsuits challenging the presidential order in New York were brought by a coalition of cities, civil rights groups and states led by New York. Because the lawsuits dealt with questions about apportionment, it was heard by a three-judge panel that allows the decision to be appealed directly to the U.S. Supreme Court.

The judges agreed with the coalition that the order created confusion among undocumented residents over whether they should participate in the 2020 census, deterring participation and jeopardizing the quality of the census data. That harm to the census was a sufficient basis for their ruling and they didn’t need to rely on the speculation that a state would be hurt by possibly losing a congressional seat if people in the country illegally were excluded from apportionment, the judges said.
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Huawei, ZTE lose patent appeal cases at UK Supreme Court

Legal Insight 2020/08/28 18:16   Bookmark and Share
Britain’s Supreme Court has dismissed two appeals by Chinese telecoms firms Huawei and ZTE over mobile data patent disputes.

The disputes center on the licensing of patented technology considered essential to mobile telecoms. The patents are meant to ensure fair competition and access to technology like 4G.

In the first case, Unwired Planet, an intellectual property company that licenses patents, had brought legal action against Huawei for infringement of five U.K. patents that Unwired acquired from Ericsson.

The second appeal concerned legal action brought by another patent licensing company, Conversant Wireless, against Huawei and ZTE for infringement of four of its U.K. patents.

The Supreme Court on Wednesday upheld lower court rulings on the cases and dismissed appeals by Huawei and ZTE.

In a statement, Conversant said the ruling was a landmark judgment that will have “significant implications worldwide” for telecommunications patent licensing.

The ruling meant that companies like Huawei cannot insist that patent holders like Conversant prove their patents in every jurisdiction of the world, which would be “both practically and economically prohibitive,” the company added.
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Colombia warlord asks US court to force deportation to Italy

Legal Insight 2020/08/19 13:48   Bookmark and Share
A lawyer for a former Colombian paramilitary leader is asking a U.S. federal court to force Attorney General William Barr to immediately deport the former warlord to Italy after he completed a long drug sentence.

The emergency petition was filed Monday in Washington, DC federal court on behalf of Salvatore Mancuso, the former top commander of the United Defense Forces of Colombia, known as the AUC. It comes as Colombia is mounting a last-minute campaign to block Mancuso’s removal to Italy after it bungled an extradition request  that had to be withdrawn last month.

Mancuso’s lawyer argues that Barr, Chad Wolf, the acting head of the Department of Homeland Security, and four other senior officials at U.S. Immigration and Customs Enforcement have unlawfully kept Mancuso in federal custody beyond the maximum 90 days allowed for the removal of aliens. Included in the petition is a copy of a final administrative removal order dated April 15 that compels DHS and ICE to remove Mancuso to Italy, where he also has citizenship.

Immigration attorney Hector Mora attributes the delay to strong pressure from Colombia’s conservative government, which he claims is working closely with the U.S. State Department to bring Mancuso back to Colombia. If returned home, he argues his client is likely to be jailed, or even killed, despite having fulfilled his obligations under a 2003 peace deal he negotiated, which caps prison terms at eight years for militia leaders who confess their crimes.

“He and his family are terrified with his possible return to Colombia,” Mora wrote to ICE officials on March 27 — the same day Mancuso completed a 12-year sentence in the U.S. for cocaine trafficking.

Mancuso, 55, was the most remorseful of the former right-wing militia leaders after demobilizing and his eagerness to discuss the paramilitaries’ war crimes has already shaken Colombia’s politics.
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High court won't hear abortion clinic 'buffer zone' cases

Legal Insight 2020/07/02 21:45   Bookmark and Share
The Supreme Court on Thursday turned away pleas from anti-abortion activists to make it easier for them to protest outside clinics, declining to wade back into the abortion debate just days after striking down a Louisiana law regulating abortion clinics.

The justices said in a written order that they would not hear cases from Chicago and Harrisburg, Pennsylvania, where anti-abortion activists had challenged ordinances that restrict their behavior outside clinics.

As is usual, the justices did not comment in turning away the cases. The order from the court noted Justice Clarence Thomas would have heard the Chicago case.

The Supreme Court has since the late 1990s heard several cases involving demonstration-free zones, called buffer zones, outside abortion clinics. Most recently, in 2014, the justices unanimously struck down a law that created a 35-foot protest-free zone outside Massachusetts abortion clinics. The court said Massachusetts’ law, which made it a crime to stand in the protest-free zone for most people not entering or exiting the clinic or passing by, was an unconstitutional restraint on the free-speech rights of protesters.

On Thursday, one of the two cases the court declined to take up involved an ordinance passed by the city counsel in Harrisburg, Pennsylvania's capital, in 2012 that made it illegal to “congregate, patrol, picket or demonstrate” in a zone 20 feet from a health care facility. Anti-abortion activists sued, arguing that the ordinance violates their free speech rights. Lower courts have upheld the ordinance, however, ruling it doesn't apply to “sidewalk counseling,” where individuals who oppose abortion offer assistance and information about alternatives to abortion to those entering a clinic.
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Courts straining to balance public health with public access

Legal Insight 2020/06/28 12:24   Bookmark and Share
After her son was arrested for allegedly throwing rocks at police during a protest over racial injustice, Tanisha Brown headed to the courthouse in her California hometown to watch her son's arraignment.

She was turned away, told the courthouse was closed to the public because of coronavirus precautions. A day later, the Kern County Superior Court in Bakersfield posted a notice on its website explaining how the public could request special permission from judicial officers to attend court proceedings.

But problems with public access have persisted, according to a federal lawsuit filed Friday on behalf of Brown and several others who have been unable to watch court sessions.

The situation in Kern County highlights the challenges courts across the U.S. are facing as they try to balance public health protections with public access to their proceedings amid the COVID-19 outbreak.

The U.S. Constitution guarantees the right to a public trial, but some courts have held arraignments and other pretrial hearings without the public watching or listening. In some cases, the public had no means of participating. In other cases, the defendant's family members, friends or other interested residents weren't aware how to gain access to special video feeds.

"The courtrooms are supposed to be fully public, anybody who’s interested is supposed to be able to watch, and they have not been doing that,” said Sergio De La Pava, legal director of New York County Defender Services, a nonprofit public defenders office in Manhattan.
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Black Lives Matter rallies start in Australia amid court ban

Legal Insight 2020/06/06 09:24   Bookmark and Share
The first of several Black Lives Matter protests across Australia on Saturday got underway against a backdrop of possible clashes between demonstrators and police in Sydney, after a court sided with police that the gathering posed too much risk for spreading the coronavirus.

The first gathering in the southern city of Adelaide was held to honor George Floyd and to protest against the deaths of indigenous Australians in custody.

That was the plan in Sydney as well, where thousands of people were expected to rally. But New South Wales state Supreme Court Justice Des Fagan ruled on Friday that the rally was not an authorized public assembly. Fagan said he understood the rally was designed to coincide with similar events in other countries.

“I don’t diminish the importance of the issues and no one would deny them in normal circumstances,” he said. “No one denies them that but we’re talking about a situation of a health crisis.”

Floyd, a black man, died in handcuffs while a Minneapolis police officer pressed a knee on his neck even after he pleaded for air and stopped moving. In Sydney, outdoor gatherings are restricted to 10 people, while up to 50 people can go to funerals, places of worship, restaurants, pubs and cafes.

Sydney rally organizers, before deciding to lodge a last-minute appeal to Fagan’s ruling, urged anyone still wishing to attend “as an individual” to obey social distancing and wear masks to ensure safety. On Friday, 2,000 demonstrators gathered in the national capital Canberra to remind Australians that the racial inequality underscored by Floyd’s death was not unique to the United States.
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