|
|
|
Texas Supreme Court blocks Kate Cox's emergency abortion approval
Headline Legal News |
2023/12/10 17:02
|
The Texas Supreme Court on Friday night put on hold a judge’s ruling that approved an abortion for a pregnant woman whose fetus has a fatal diagnosis, throwing into limbo an unprecedented challenge to one of the most restrictive bans in the U.S.
The order by the all-Republican court came more than 30 hours after Kate Cox, a 31-year-old mother of two from the Dallas area, received a temporary restraining order from a lower court judge that prevents Texas from enforcing the state’s ban in her case.
In a one-page order, the court said it was temporarily staying Thursday’s ruling “without regard to the merits.” The case is still pending.
“While we still hope that the Court ultimately rejects the state’s request and does so quickly, in this case we fear that justice delayed will be justice denied,” said Molly Duane, an attorney at the Center for Reproductive Rights, which is representing Cox.
Cox’s attorneys have said they will not share her abortion plans, citing concerns for her safety. In a filing with the Texas Supreme Court on Friday, her attorneys indicated she was still pregnant.
Cox was 20 weeks pregnant this week when she filed what is believed to be the first lawsuit of its kind since the landmark U.S. Supreme Court ruling last year that overturned Roe v. Wade. The order issued Thursday only applied to Cox and no other pregnant Texas women.
Cox learned she was pregnant for a third time in August and was told weeks later that her baby was at a high risk for a condition known as trisomy 18, which has a very high likelihood of miscarriage or stillbirth and low survival rates, according to her lawsuit.
Furthermore, doctors have told Cox that if the baby’s heartbeat were to stop, inducing labor would carry a risk of a uterine rupture because of her two prior cesareans sections, and that another C-section at full term would would endanger her ability to carry another child.
Republican Texas Attorney General Ken Paxton argued that Cox does not meet the criteria for a medical exception to the state’s abortion ban, and he urged the state’s highest court to act swiftly.
“Future criminal and civil proceedings cannot restore the life that is lost if Plaintiffs or their agents proceed to perform and procure an abortion in violation of Texas law,” Paxton’s office told the court.
|
|
|
|
|
|
|
Peru court orders imprisoned ex-President Fujimori's 'immediate' release
Attorney News |
2023/12/06 16:40
|
Peru’s constitutional court ordered an immediate humanitarian release Tuesday for imprisoned former President Alberto Fujimori, 85, who was serving a 25-year sentence in connection with the death squad slayings of 25 Peruvians in the 1990s.
The court ruled in favor of a 2017 pardon that had granted the former leader a release on humanitarian grounds but that later was annulled.
In a resolution seen by The Associated Press, the court told the state prisons agency to immediately release Fujimori “on the same day.”
Fujimori was sentenced in 2009 to 25 years in prison on charges of human rights abuses. He had been accused of being the mastermind behind the slayings of 25 Peruvians by a military death squad during his administration from 1990 to 2000, while the government fought the Shining Path communist rebels.
Fujimori’s 2017 pardon granted by then-President Pablo Kuczynski was annulled under pressure from the Inter-American Court of Human Rights, and its status was the subject of legal wrangling since then.
The constitutional court previously had ordered a lower court in the southern city of Ica to release Fujimori, but that court declined to do so, arguing in ruling last Friday that it lacked the authority. It returned the matter instead to the constitutional court.
|
|
|
|
|
|
|
Court affirms actor Jussie Smollett’s convictions and jail sentence
Legal Business |
2023/12/02 08:18
|
An appeals court upheld the disorderly conduct convictions Friday of actor Jussie Smollett, who was accused of staging a racist, homophobic attack against himself in 2019 and lying about it to Chicago police.
Smollett, who appeared in the TV show “Empire,” challenged the role of a special prosecutor, jury selection, evidence and many other aspects of the case. But all were turned aside in a 2-1 opinion from the Illinois Appellate Court.
Smollett had reported to police that he was the victim of a racist and homophobic attack by two men wearing ski masks. The search for the attackers soon turned into an investigation of Smollett himself, leading to his arrest on charges he had orchestrated the whole thing.
Authorities said he paid two men whom he knew from work on “Empire,” which filmed in Chicago. Prosecutors said Smollett told the men what slurs to shout, and to yell that he was in “MAGA Country,” a reference to Donald Trump’s presidential campaign slogan.
A jury convicted Smollett in 2021 on five felony counts of disorderly conduct, a charge that can be filed in Illinois when a person lies to police.
He now will have to finish a 150-day stint in jail that was part of his sentence. Smollett spent just six days in jail while his appeal was pending.
Lawyers for Smollett, who is Black and gay, have publicly claimed that he was the target of a racist justice system and people playing politics. “We are preparing to escalate this matter to the Supreme Court,” Smollett spokeswoman Holly Baird said, referring to Illinois’ highest court and also noting that the opinion at the appellate court wasn’t unanimous.
Appellate Justice Freddrenna Lyle would have thrown out the convictions. She said it was “fundamentally unfair” to appoint a special prosecutor and charge Smollett when he had already performed community service as part of a 2019 deal with Cook County prosecutors to close the case. |
|
|
|
|
|
|
New Mexico Supreme Court upholds Democratic-drawn congressional map
Legal Business |
2023/11/28 15:51
|
The New Mexico Supreme Court upheld a Democratic-drawn congressional map that divvied up a conservative, oil-producing region and reshaped a swing district along the U.S. border with Mexico, in an order published Monday.
All five justices signed a shortly worded order to affirm a lower court decision that the redistricting plan enacted by Democratic state lawmakers in 2021 succeeded in substantially diluting votes of their political opponents — but that the changes fell short of “egregious” gerrymandering.
The Republican Party argued unsuccessfully that the new district boundaries would entrench Democratic officials in power, highlighting the 2022 defeat of incumbent GOP Congresswoman Yvette Herrell by Democratic U.S. Rep. Gabe Vasquez.
Democratic state lawmakers argued that the 2nd District in southern New Mexico remains competitive, with just a 0.7% margin of victory in the 2022 election.
The district is one of about a dozen in the national spotlight as Republicans campaign to keep their slim U.S. House majority in 2024. Courts ruled recently in Alabama, Louisiana and Florida that Republican-led legislatures had unfairly diluted the voting power of Black residents. Legal challenges to congressional districts are also ongoing in Arkansas, Kentucky, South Carolina, Tennessee, Texas and Utah.
State Republican Party Chairman Steve Pearce said the legal outcome in New Mexico “leaned heavily on the closeness of the previous election” in which a “popular Republican incumbent” was defeated by a lesser-known rival.
|
|
|
|
|
|
|
Six teens in court in connection with beheading of French teacher
Attorney News |
2023/11/25 23:52
|
Six teenagers go on trial Monday in Paris for their alleged roles in the beheading of a teacher who showed caricatures of the prophet of Islam to his class, a killing that led authorities to reaffirm France’s cherished rights of expression and secularism.
Samuel Paty, a history and geography teacher, was killed on Oct. 16, 2020, near his school in a northwest Paris suburb by an 18-year-old of Chechen origin who had become radicalized. The attacker was in turn shot dead by police.
Paty’s name was disclosed on social media after a class debate on free expression during which he showed caricatures published by the satirical newspaper Charlie Hebdo, which triggered a newsroom massacre by extremists in January 2015.
All hearings at a Paris juvenile court are to be held behind closed doors in accordance with French law regarding minors. The defendants arrived Monday morning at the Paris court, their faces hidden behind masks and hoods, accompanied by their families. The media are not allowed to disclose their identity.
Among those going on trial, a teenage girl, who was 13 at the time, is accused of making false allegations for wrongly saying that Paty had asked Muslim students to raise their hands and leave the classroom before he showed the cartoons. She later told investigators she had lied. She was not in the classroom that day and Paty did not make such a request, the investigation has shown.
Five other students of Paty’s school, then 14 and 15, are facing charges of criminal conspiracy with the aim of preparing aggravated violence to be committed.
They are accused of having waited for Paty for several hours until he left the school and of having identified him to the killer in exchange for promises of payments of 300-350 euros ($348-$406).
|
|
|
|
|
|
|
Georgia Supreme Court ruling prevents GOP-backed commission
Legal Topics |
2023/11/23 23:52
|
Georgia’s state Supreme Court on Wednesday refused to approve rules for a new commission to discipline and remove state prosecutors, meaning the commission can’t begin operating.
Some Republicans in Georgia want the new commission to discipline or remove Fulton County District Attorney Fani Willis for winning indictments of former President Donald Trump and 18 others.
In an unsigned order, justices said they have “grave doubts” about their ability to regulate the duties of district attorneys beyond the practice of law. They said that because lawmakers hadn’t expressly ordered justices to act, they were refusing to rule one way or the other.
“If district attorneys exercise judicial power, our regulation of the exercise of that power may well be within our inherent power as the head of the Judicial Branch,” justices wrote. “But if district attorneys exercise only executive power, our regulation of the exercise of that power would likely be beyond the scope of our judicial power.”
State Rep. Houston Gaines, an Athens Republican who helped guide the law through the state House earlier this year, said he believed lawmakers could as soon as January remove the requirement for the court to approve the rules, letting the commission begin operating.
“This commission has been years in the making — and now it has its appointees and rules and regulations ready to go,” Gaines wrote in a text. “As soon as the legislature can address this final issue from the court, rogue prosecutors will be held accountable.”
Georgia’s law is one of multiple attempts nationwide by Republicans to control prosecutors they don’t like. Republicans have inveighed against progressive prosecutors after some have brought fewer drug possession cases and sought shorter prison sentences, arguing Democrats are coddling criminals. |
|
|
|
|
|
|
Trump celebrates win in Colorado election case during return visit to Iowa
Legal Business |
2023/11/20 15:39
|
Former President Donald Trump celebrated a win in a closely watched election case during a return visit to Iowa Saturday, where he blasted his political foes and encouraged his supporters to not move past their grievances with President Joe Biden.
A Colorado judge Friday rejected an effort to keep the GOP front-runner off the state’s primary ballot, concluding that Trump had engaged in insurrection during the Jan. 6, 2021, attack on the U.S. Capitol but that it was unclear whether a Civil War-era constitutional amendment barring insurrectionists from public office applied to the presidency. It was Trump’s latest win following rulings in similar cases in Minnesota and Michigan.
Trump, campaigning in west-central Iowa, called the decision “a gigantic court victory” as he panned what he called “an outrageous attempt to disenfranchise millions of voters by getting us thrown off the ballot.”
“Our opponents are showing every day that they hate democracy,” he charged before a crowd of about 2,000 people at a commit-to-caucus event at a high school in Fort Dodge, Iowa, where supporters decked out in Trump gear had lined up for hours to get a seat in the gymnasium.
Trump’s visit was part of his fall push to sign up supporters and volunteers before the state’s fast-approaching caucuses that will kick off the race for the Republican presidential nomination. It was the latest in a series of targeted regional stops aimed at seizing on the large crowds the former president draws to press attendees to commit to vote for him and serve as precinct leaders on Jan. 15.
While Trump boasted that polls show him far ahead of other contenders, he urged those in attendance Saturday to turn out on caucus day to “make sure we have a big victory” that would signal to other candidates that they should drop out. |
|
|
|
|
|
|
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
|
|
