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More court challenges expected for Trump's new travel ban
Legal Topics |
2017/06/30 16:35
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A scaled-back version of President Donald Trump's travel is now in force, stripped of provisions that brought protests and chaos at airports worldwide in January yet still likely to generate a new round of court fights. The new rules, the product of months of legal wrangling, aren't so much an outright ban as a tightening of already-tough visa policies affecting citizens from six Muslim-majority countries.
Refugees are covered, too. Administration officials promised that implementation this time, which started at 8 p.m. EDT, would be orderly. Customs and Border Protection spokesman Dan Hetlage said his agency expected "business as usual at our ports of entry," with all valid visa holders still being able to travel. Still, immigration and refugee advocates are vowing to challenge the new requirements and the administration has struggled to explain how the rules will make the United States safer.
Under the temporary rules, citizens of Syria, Sudan, Somalia, Libya, Iran and Yemen who already have visas will be allowed into the United States. But people from those countries who want new visas will now have to prove a close family relationship or an existing relationship with an entity like a school or business in the U.S. It's unclear how significantly the new rules will affect travel. In most of the countries singled out, few people have the means for leisure travel. Those that do already face intensive screenings before being issued visas. Nevertheless, human rights groups girded for new legal battles.
The American Civil Liberties Union, one of the groups challenging the ban, called the new criteria "extremely restrictive," ''arbitrary" in their exclusions and designed to "disparage and condemn Muslims." The state of Hawaii filed an emergency motion Thursday asking a federal judge to clarify that the administration cannot enforce the ban against relatives — such as grandparents, aunts or uncles — not included in the State Department's definition of "bona fide" personal relationships.
Los Angeles City Attorney Mike Feuer met with customs officials and said he felt things would go smoothly. "For tonight, I'm anticipating few issues because, I think, there's better preparation," he told reporters at Los Angeles International Airport on Thursday night. "The federal government here, I think, has taken steps to avoid the havoc that occurred the last time."
Much of the confusion in January, when Trump's first ban took effect, resulted from travelers with previously approved visas being kept off flights or barred entry on arrival in the United States. Immigration officials were instructed Thursday not to block anyone with valid travel documents and otherwise eligible to visit the United States. |
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Case of gay couple's wedding cake heads to Supreme Court
Legal Topics |
2017/06/28 16:14
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A Colorado clash between gay rights and religion started as an angry Facebook posting about a wedding cake but now has big implications for anti-discrimination laws in 22 states.
Baker Jack Phillips is challenging a Colorado law that says he was wrong to have turned away a same-sex couple who wanted a cake to celebrate their 2012 wedding.
The justices said Monday they will consider Phillips' case, which could affect all states. Twenty-two states include sexual orientation in anti-discrimination laws that bar discrimination in public accommodations.
Phillips argues that he turned away Charlie Craig and David Mullins not because they are gay, but because their wedding violated Phillips' religious belief.
After the couple was turned away in 2012, they complained about Masterpiece Cakeshop on Facebook, then filed a complaint with the Colorado Civil Rights Commission. The state sided with the couple.
"It solidified the right of our community to have a right to public accommodations, so future couples are not turned away from a business because of who they are," Mullins said Monday.
Phillips says that artisans cannot be compelled to produce works celebrating an event that violates the artist's religion. A lawyer for Phillips pointed out that another Denver-area baker was not fined for declining to bake a cake with an anti-gay message.
"The government in Colorado is picking and choosing which messages they'll support and which artistic messages they'll protect," said Kristen Waggoner of the Alliance Defending Freedom, which took the baker's case.
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Supreme Court term ended much different than it began
Legal Topics |
2017/06/27 23:14
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The Supreme Court began its term nine months ago with Merrick Garland nominated to the bench, Hillary Clinton favored to be the next president, and the court poised to be controlled by Democratic appointees for the first time in 50 years.
Things looked very different when the justices wrapped up their work this week. The court's final decisions and orders were almost emphatic declarations, if there had been any doubt, that this is once again a conservative-leaning court that may only move more to the right in the years to come. The justices gave President Donald Trump the go-ahead to start enforcing at least part of his travel ban, showed that the wall between church and state is perhaps not as high as it once was and invigorated a baker's religion-based refusal to create a wedding cake for a same-sex couple.
"Liberals were certainly looking forward to a Clinton presidency that would alter the direction of the court. This was not an outcome we predicted," said Nan Aron, president of the liberal Alliance for Justice. The first casualty of Trump's election was Garland, the appellate judge whom President Barack Obama nominated to the high court. Instead of Garland on the far right of the bench where the newest justice sits, there was Justice Neil Gorsuch.
The placement also meshed with his votes. The Trump nominee who joined the court in April, Gorsuch staked out the most conservative position in a number of closely watched cases, including the one on the travel ban. The 49-year-old Coloradan restored the court's conservative tilt, nearly 14 months after Justice Antonin Scalia's death left the remaining eight justices divided between four liberal-leaning Democratic appointees and four conservative-leaning Republican appointees.
Trump also could bring seismic change to the court if any of the three oldest justices — 84-year-old Ruth Bader Ginsburg, 80-year-old Anthony Kennedy or 78-year-old Stephen Breyer — steps down in the next few years. The youngest justice was unusually active both as a questioner during arguments and in his writing. Gorsuch wrote separately from the court's majority opinion seven times in less than three months, the same number of such opinions Justice Elena Kagan wrote in her first two years on the court, University of Texas law professor Stephen Vladeck noted on Twitter.
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McCarthy found guilty of 2nd-degree murder of Bella Bond
Headline Legal News |
2017/06/27 23:14
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Michael McCarthy has been convicted of 2nd-degree murder in the death of a 2-year-old girl dubbed Baby Doe after her remains washed up on Boston Harbor island.
The verdict was announced in Suffolk Superior Court on Monday.
Michael McCarthy is charged with first-degree murder in the 2015 death of the girl who was later identified as Bella Bond.
Man facing life in prison after being found guilty of murder. A North Carolina man has been found guilty in the death of his fiancée and will serve the rest of his life in prison.
Local media outlets report an Onslow County jury found 59-year-old Timothy Noble guilty on Thursday of first-degree murder in the 2014 death of 58-year-old Debra Holden.
Deputies responding to the scene on Oct. 31, 2014, said Holden was found at a residence with a gunshot wound to her temple. Her death was originally ruled a suicide, but Noble was arrested eight months later after the medical examiner ruled the case a homicide. Noble will get credit for time spent in prison while awaiting trial.
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Attention on Supreme Court as justice weigh Trump travel ban
Court News |
2017/06/25 23:15
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The focus is on the Supreme Court as the high-stakes legal fight over President Donald Trump's travel ban awaits action by the justices.
The court is expected to decide within days whether the Trump administration can enforce a ban on visitors to the U.S. from six mostly Muslim countries — Iran, Libya, Somalia, Sudan, Syria and Yemen.
Trump rolled out a travel ban just a week after his Jan. 20 inauguration, but lower federal courts have blocked it and a revised version — and one court also has blocked a 120-day halt on refugee arrivals in the United States.
The president casts the travel ban as critical to deterring possible terrorist attacks in the United States. Opponents say it targets Muslims in violation of federal law and the Constitution.
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Supreme Court agrees to take up Colorado gay wedding case
Legal Topics |
2017/06/25 23:15
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The Supreme Court has agreed to decide whether private businesses have the right to decline to provide services for gay weddings due to religious objections to participating in such ceremonies.
The justices announced Monday that they will hear a case presented by a Colorado bakery owner who claims his rights to free exercise of religion and free speech were violated when he was found to have run afoul of a state anti-discrimination law by turning down a gay couple’s order for a wedding cake in 2012.
The appeal by Masterpiece Cakeshop and its owner Jack Phillips, expected to be argued this fall, is the court’s first significant foray into the issue of gay rights since the landmark 2015 ruling that the Constitution requires states to recognize same-sex marriage.
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D.C. on edge: rumors of new Supreme Court vacancy swirl
Court Watch |
2017/06/24 13:15
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White House sources think Justice Anthony Kennedy, the Supreme Court's ideological fulcrum, may announce his retirement today, as the justices gather on the bench for the last time this term.
If that happens, Day 158 instantly becomes President Trump's biggest moment.
Trump's first Court appointment, of Justice Neil Gorsuch, was a one-for-one ideological swap for the late Justice Antonin Scalia.
Replacing Kennedy would be even more historic and consequential: a momentous chance to edge the Court right, since Kennedy is the center of the Court — the one most willing to listen to both sides. On a controversial case, both sides pitch to him. It's been called "Kennedy's Court."
No one's predicting: Court watchers say no one knows, and Kennedy has said nothing publicly. He could well wait one more year: The Court buzz is that it'll be this year or next.
Be smart: Few domestic developments could more instantly and decisively change the national conversation — blotting out almost everything else, and vastly reducing the sting for conservatives is healthcare tanks.
A Washington wise man emails: "With two court appointments and maybe one more, Trump's presidency will be consequential even if he has few legislative achievements. This week may well demonstrate both."
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