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A federal judge temporarily blocks Trump’s executive order
Legal Business |
2025/01/28 02:12
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A federal judge on Thursday temporarily blocked President Donald Trump’s executive order denying U.S. citizenship to the children of parents living in the country illegally, calling it “blatantly unconstitutional” during the first hearing in a multi-state effort challenging the order.
The 14th Amendment to the Constitution promises citizenship to those born on U.S. soil, a measure ratified in 1868 to ensure citizenship for former slaves after the Civil War. But in an effort to curb unlawful immigration, Trump issued the executive order just after being sworn in for his second term on Monday.
The order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children.Trump’s order drew immediate legal challenges across the country, with at least five lawsuits being brought by 22 states and a number of immigrants rights groups. A lawsuit brought by Washington, Arizona, Oregon and Illinois was the first to get a hearing.
“I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is,” U.S. District Judge John Coughenour told a Justice Department attorney. “This is a blatantly unconstitutional order.”
Thursday’s decision prevents the Trump administration from taking steps to implement the executive order for 14 days. In the meantime, the parties will submit further arguments about the merits of Trump’s order. Coughenour scheduled a hearing on Feb. 6 to decide whether to block it long term as the case proceeds.
Coughenour, 84, a Ronald Reagan appointee who was nominated to the federal bench in 1981, grilled the DOJ attorney, Brett Shumate, asking whether Shumate personally believed the order was constitutional.
“I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” he added.
Shumate assured the judge he did — “absolutely.” He said the arguments the Trump administration is making now have never previously been litigated, and that there was no reason to issue a 14-day temporary restraining order when it would expire before the executive order takes effect.
The Department of Justice later said in a statement that it will “vigorously defend” the president’s executive order, which it said “correctly interprets the 14th Amendment of the U.S. Constitution.”
“We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our Nation’s laws enforced,” the department said.
The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them.
The 14th Amendment was ratified in 1868, in the aftermath of the Civil War, to ensure citizenship for former slaves and free African Americans. It states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Trump’s order asserts that the children of noncitizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship.
Arguing for the states on Thursday, Washington assistant attorney general Lane Polozola called that “absurd,” noting that neither those who have immigrated illegally nor their children are immune from U.S. law.
“Are they not subject to the decisions of the immigration courts?” Polozola asked. “Must they not follow the law while they are here?”
Polozola also said the restraining order was warranted because, among other reasons, the executive order would immediately start requiring the states to spend millions to revamp health care and benefits systems to reconsider an applicant’s citizenship status.
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Trump suspends US foreign assistance for 90 days pending reviews
Legal Business |
2025/01/24 10:13
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President Donald Trump signed an executive order temporarily suspending all U.S. foreign assistance programs for 90 days pending reviews to determine whether they are aligned with his policy goals.
It was not immediately clear how much assistance would initially be affected by the Monday order as funding for many programs has already been appropriated by Congress and is obligated to be spent, if not already spent.
The order, among many Trump signed on his first day back in office, said the “foreign aid industry and bureaucracy are not aligned with American interests and in many cases antithetical to American values” and “serve to destabilize world peace by promoting ideas in foreign countries that are directly inverse to harmonious and stable relations internal to and among countries.”
Consequently, Trump declared that “no further United States foreign assistance shall be disbursed in a manner that is not fully aligned with the foreign policy of the President of the United States.”
Secretary of State Marco Rubio told members of the Senate Foreign Relations Committee during his confirmation hearing last week that “every dollar we spend, every program we fund, and every policy we pursue must be justified with the answer to three simple questions:
“Does it make America safer? Does it make America stronger? Does it make America more prosperous?” he said.
The order signed by Trump leaves it up to Rubio or his designee to make such determinations, in consultation with the Office of Management and Budget. The State Department and the U.S. Agency for
International Development are the main agencies that oversee foreign assistance.
Trump has long railed against foreign aid despite the fact that such assistance typically amounts to roughly 1% of the federal budget, except under unusual circumstances such as the billions in weaponry provided to Ukraine. Trump has been critical of the amount shipped to Ukraine to help bolster its defenses against Russia’s invasion.
The last official accounting of foreign aid in the Biden administration dates from mid-December and budget year 2023. It shows that $68 billion had been obligated for programs abroad that range from disaster relief to health and pro-democracy initiatives in 204 countries and regions.
Some of the biggest recipients of U.S. assistance, Israel ($3.3 billion per year), Egypt ($1.5 billion per year) and Jordan ($1.7 billion per year) are unlikely to see dramatic reductions, as those amounts are included in long-term packages that date back decades and are in some cases governed by treaty obligations.
Funding for U.N. agencies, including peacekeeping, human rights and refugee agencies, have been traditional targets for Republican administrations to slash or otherwise cut. The first Trump administration moved to reduce foreign aid spending, suspending payments to various UN agencies, including the U.N. Population Fund, and funding to the Palestinian Authority.
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Pakistani court sentences 4 people to death for blasphemy
Legal Business |
2025/01/21 10:13
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A Pakistani court Saturday sentenced four people to death for blasphemy, allegedly because they posted sacrilegious material on social media about Islamic religious figures and the Quran. Their lawyer said appeal preparations are underway.
Under the country’s blasphemy laws, anyone found guilty of insulting Islam or its religious figures can be sentenced to death. Authorities have yet to carry out such a penalty, although the accusation of blasphemy and opposition to the law can incite mob violence or reprisals.
Judge Tariq Ayub in the city of Rawalpindi declared that blasphemy, disrespect to holy figures, and desecration of the Quran were unforgivable offenses and left no room for leniency.
Along with the death sentences, the judge imposed collective fines of 4.6 million rupees (around $16,500) and handed down jail terms to each of the four should a higher court overturn their death sentences.
The men’s lawyer, Manzoor Rahmani, criticized the court’s decision and investigating authorities’ lack of evidence.
“The doubts and uncertainties that arise in such cases are ignored by the courts, likely due to the fear of religious backlash and potential mob violence against the judge if the accused is acquitted,” said Rahmani. “We are preparing our appeals against the decision and will go to the High Court.”
Anti-blasphemy measures introduced in Pakistan in the 1980s made it illegal to insult Islam. Since then, people have been accused of insulting the religion, desecrating its texts, or writing offensive remarks on the walls of mosques. Critics of the law say it is used to settle personal disputes.
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Trump asks the Supreme Court to delay the start of the TikTok ban
Legal Business |
2024/12/28 19:47
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President-elect Donald Trump asked the Supreme Court on Friday to pause the potential TikTok ban from going into effect until his administration can pursue a "political resolution" to the issue.
After President Biden signed a law banning TikTok unless it divests from its China-based owner ByteDance, the viral video app sued to block it, arguing the act violates the First Amendment rights of millions of Americans.
The request came as TikTok and the Biden administration filed opposing briefs to the court, in which the company argued the court should strike down a law that could ban the platform by Jan. 19 while the government emphasized its position that the statute is needed to eliminate a national security risk.
"President Trump takes no position on the underlying merits of this dispute. Instead, he respectfully requests that the Court consider staying the Act's deadline for divestment of January 19, 2025, while it considers the merits of this case," said Trump's amicus brief, which supported neither party in the case and was written by D. John Sauer, Trump's choice for solicitor general.
The argument submitted to the court is the latest example of Trump inserting himself in national issues before he takes office. The Republican president-elect has already begun negotiating with other countries over his plans to impose tariffs, and he intervened earlier this month in a plan to fund the federal government, calling for a bipartisan plan to be rejected and sending Republicans back to the negotiating table.
Trump has also reversed his position on the popular app, having tried to ban it during his first term in office over national security concerns. He joined the app during his 2024 presidential campaign and his team used it to connect with younger voters, especially male voters, by pushing content that was often macho and aimed at going viral.
He said earlier this year that he still believed there were national security risks with TikTok, but that he opposed banning it. This month, Trump also met with TikTok CEO Shou Chew at his Mar-a-Lago club in Florida. The filings Friday come ahead of oral arguments scheduled for Jan. 10 on whether the law, which requires TikTok to divest from its China-based parent company or face a ban, unlawfully restricts speech in violation of the First Amendment. The law was was signed by President Joe Biden in April after it passed Congress with broad bipartisan support. TikTok and ByteDance filed a legal challenge afterwards.
Earlier this month, a panel of three federal judges on the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld the statute, leading TikTok to appeal the case to the Supreme Court. The brief from Trump said he opposes banning TikTok at this junction and "seeks the ability to resolve the issues at hand through political means once he takes office."
In their brief to the Supreme Court on Friday, attorneys for TikTok and its parent company ByteDance argued the federal appeals court erred in its ruling and based its decision on "alleged 'risks' that China could exercise control" over TikTok's U.S. platform by pressuring its foreign affiliates.
The Biden administration has argued in court that TikTok poses a national security risk due to its connections to China. Officials say Chinese authorities can compel ByteDance to hand over information on TikTok's U.S. patrons or use the platform to spread or suppress information.
But the government "concedes that it has no evidence China has ever attempted to do so," TikTok's legal filing said, adding that the U.S. fears are predicated on future risks.
In its filing Friday, the Biden administration said because TikTok "is integrated with ByteDance and relies on its propriety engine developed and maintained in China," its corporate structure carries with it risk.
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US inflation ticked up last month as some price pressures remain persistent
Legal Business |
2024/12/09 01:44
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Fueled by pricier used cars, hotel rooms and groceries, inflation in the United States moved slightly higher last month in the latest sign that some price pressures remain elevated.
Consumer prices rose 2.7% in November from a year earlier, up from a yearly figure of 2.6% in October. Excluding volatile food and energy costs, so-called core prices increased 3.3%, the same as in the previous month. Measured month to month, prices climbed 0.3% from October to November, the biggest such increase since April. Core prices also rose 0.3% for a fourth straight month.
Wednesday’s inflation figures from the Labor Department are the final major piece of data that Federal Reserve officials will consider before they meet next week to decide on interest rates. The relatively mild November increase won’t likely be enough to discourage the officials from cutting their key rate by a quarter-point. The probability of a rate cut next week, as envisioned by Wall Street traders, rose to 98% after Wednesday’s inflation report was released, according to futures pricing tracked by CME FedWatch.
“It’s generally in the ballpark of what the Fed would like to see,” said Jason Pride, chief investment strategist at Glenmede, a wealth management firm. Though sharp increases for such items as groceries and hotel rooms increased overall inflation last month, those categories are often volatile. Pride noted that the cost of services, such as rents, car insurance, and airline fares, cooled in November.
Last week, Fed Chair Jerome Powell suggested that with the economy generally healthy, the Fed could reduce its key rate slowly.
“We’re not quite there on inflation, but we’re making progress,” Powell said. “We can afford to be a little more cautious.”
With the job market cooling, growth in Americans’ paychecks has slowed from a nearly 6% annual pace in 2022 to about 4% now, a rate nearly consistent with inflation at the Fed’s 2% target. Powell has said he doesn’t think the current job market is a driver of higher prices.
Randy Carr, CEO of World Emblem, a maker of patches, labels and badges for companies, universities and law enforcement agencies, said he is providing smaller wage increases, in the 3% to 5% range, than his company did during the height of inflation.
“Things have kind of leveled off,” he said.
Carr’s customers, which include the company that makes emblems for UPS uniforms, generally won’t accept price hikes much more than 2% a year. So World Emblem aims to offset the cost of its higher wages through greater efficiencies in manufacturing.
In September, the Fed slashed its benchmark rate, which affects many consumer and business loans, by a sizable half-point. It followed that move with a quarter-point rate cut in November. Those cuts lowered the central bank’s key rate to 4.6%, down from a four-decade high of 5.3%.
Though inflation is now way below its peak of 9.1% in June 2022, average prices are still about 20% higher than they were three years ago — a major source of public discontent that helped drive President-elect Donald Trump’s victory over Vice President Kamala Harris in November.
Grocery prices jumped last month, an uncomfortable reminder for consumers that food prices remain a big drag on households’ budgets. Beef prices leapt 3.1% just from October to November and are up 5% from a year earlier.
Egg prices, which have been volatile for more than two years, in part because of outbreaks of bird flu, soared 8.2% just last month. They are nearly 38% higher than a year ago.
Gas prices ticked up 0.6% from October to November, ending a string of declines. Still, gas is down more than 8% from a year earlier. Hotel prices leapt 3.2% from October to November and are 3.7% higher than a year ago.
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Harvey Weinstein hospitalized after ‘alarming blood test,’ attorney says
Legal Business |
2024/12/04 20:09
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Harvey Weinstein was hospitalized Monday following an “alarming blood test,” his attorney said, less than a week after the disgraced movie mogul filed a legal claim alleging substandard medical care at New York City’s notorious jail complex.
Weinstein, 72, was sent to Bellevue Hospital in Manhattan for an “emergent treatment due to an alarming blood test result that requires immediate medical attention,” his attorney, Imran Ansari, said in a statement.
“It is expected that he will remain there until his condition stabilizes,” the statement continues. “His deprivation of care is not only medical malpractice, but a violation of his constitutional rights.”
A spokesperson for New York City’s Department of Correction did not immediately respond to an email. The agency’s inmate database confirmed that Weinstein had been transferred from Rikers Island to the Bellevue Hospital Prison Ward in Manhattan.
Weinstein has been in city custody since earlier this year after the New York Court of Appeals overturned his 2020 rape conviction in the state. The case is set to be retried in 2025. Weinstein has denied any wrongdoing.
In a legal filing last week, Weinstein’s attorneys accused the city of providing him with substandard medical care for a litany of medical afflictions, which include chronic myeloid leukemia and diabetes.
“When I last visited him, I found him with blood spatter on his prison garb, possibly from IV’s, clothes that had not been washed for weeks, and he had not even been provided clean underwear — hardly sanitary conditions for someone with severe medical conditions,” Ansari said in a statement that likened Rikers Island to a “gulag.”
The troubled jail complex, located on an island in New York City’s East River, has faced growing scrutiny for its mistreatment of detainees and dangerous conditions. Last week, a federal judge cleared the way for a possible federal takeover of the jail system, finding the city had placed its incarcerated population in “unconstitutional danger.”
A publicist for Weinstein, Juda Engelmayer, echoed the allegation in a statement Monday.
“Mr. Weinstein, who is suffering from a number of illnesses, including leukemia, has been deprived the medical attention that someone in his medical state deserves, prisoner or not,” he said. “In many ways, this mistreatment constitutes cruel and unusual punishment.”
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Romanian court orders a recount of presidential election first round
Legal Business |
2024/11/28 19:24
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A top Romanian court on Thursday asked the official electoral authority to recount and verify all of the ballots cast in the first round of the presidential election, which was won by a far-right outsider candidate, sending shockwaves through the political establishment.
The Constitutional Court in Bucharest approved the recounting of the more than 9.4 million ballots, and said its decision was final. The Central Election Bureau is expected to meet on Thursday afternoon to discuss the request.
Calin Georgescu, a little-known, far-right populist and independent candidate, won the first round, beating the incumbent prime minister. Georgescu was due to face reformist Elena Lasconi, the leader of the Save Romania Union party, in a Dec. 8. runoff.
Georgescu’s unexpected success has prompted nightly protests by people concerned with previous remarks he made in praising Romanian fascist and nationalist leaders and Russian President Vladimir Putin, and believe he poses a threat to democracy.
Without naming Georgescu, Romanian President Klaus Iohannis’ office said following a Supreme Council of National Defense meeting in Bucharest on Thursday that an analysis of documents revealed that “a presidential candidate benefited from massive exposure due to preferential treatment granted by the TikTok platform.”
Earlier this week, Romania’s National Audiovisual Council asked the European Commission to investigate TikTok’s role in the Nov. 24 vote. Pavel Popescu, the vice president of Romania’s media regulator Ancom, said he would request TikTok’s suspension in Romania if investigations find evidence of “manipulation of the electoral process.”
The vote recount was prompted by a complaint made by Cristian Terhes, a former presidential candidate of the Romanian National Conservative Party who garnered 1% of the vote. Terhes alleged that Lasconi’s party had urged people to vote before some diaspora polls had closed on Sunday, saying it violated electoral laws against campaign activities on polling day.
After Thursday’s court ruling, Terhes’ press office posted on Facebook that the court ordered the recount “due to indications of fraud,” and alleged that valid votes cast for Ludovic Orban — who had dropped out of the race but remained on the ballot — had been reassigned to Lasconi.
It is the first time in Romania’s 35-year post-communist history that the country’s most powerful party, the Social Democratic Party, did not have a candidate in the second round of a presidential race. Prime Minister Marcel Ciolacu resigned as party leader after he narrowly lost to Lasconi by just 2,740 votes. |
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