|
|
|
Judge blocks Trump’s birthright citizenship restrictions in third ruling
Opinions |
2025/07/23 04:30
|
A federal judge on Friday blocked the Trump administration from ending birthright citizenship for the children of parents who are in the U.S. illegally, issuing the third court ruling blocking the birthright order nationwide since a key Supreme Court decision in June.
U.S. District Judge Leo Sorokin, joining another district court as well as an appellate panel of judges, found that a nationwide injunction granted to more than a dozen states remains in force under an exception to the Supreme Court ruling. That decision restricted the power of lower-court judges to issue nationwide injunctions.
The states have argued Trump’s birthright citizenship order is blatantly unconstitutional and threatens millions of dollars for health insurance services that are contingent on citizenship status. The issue is expected to move quickly back to the nation’s highest court.
White House spokeswoman Abigail Jackson said in a statement the administration looked forward to “being vindicated on appeal.”
New Jersey Attorney General Matthew Platkin, who helped lead the lawsuit before Sorokin, said in a statement he was “thrilled the district court again barred President Trump’s flagrantly unconstitutional birthright citizenship order from taking effect anywhere.”
“American-born babies are American, just as they have been at every other time in our Nation’s history,” he added. “The President cannot change that legal rule with the stroke of a pen.”
Lawyers for the government had argued Sorokin should narrow the reach of his earlier ruling granting a preliminary injunction, saying it should be “tailored to the States’ purported financial injuries.”
Sorokin said a patchwork approach to the birthright order would not protect the states in part because a substantial number of people move between states. He also blasted the Trump administration, saying it had failed to explain how a narrower injunction would work.
“That is, they have never addressed what renders a proposal feasible or workable, how the defendant agencies might implement it without imposing material administrative or financial burdens on the plaintiffs, or how it squares with other relevant federal statutes,” the judge wrote. “In fact, they have characterized such questions as irrelevant to the task the Court is now undertaking. The defendants’ position in this regard defies both law and logic.”
Sorokin acknowledged his order would not be the last word on birthright citizenship. Trump and his administration “are entitled to pursue their interpretation of the Fourteenth Amendment, and no doubt the Supreme Court will ultimately settle the question,” Sorokin wrote. “But in the meantime, for purposes of this lawsuit at this juncture, the Executive Order is unconstitutional.”
The administration has not yet appealed any of the recent court rulings. Trump’s efforts to deny citizenship to children born to parents who are in the country illegally or temporarily will remain blocked unless and until the Supreme Court says otherwise.
A federal judge in New Hampshire issued a ruling earlier this month prohibiting Trump’s executive order from taking effect nationwide in a new class-action lawsuit. U.S. District Judge Joseph LaPlante in New Hampshire had paused his own decision to allow for the Trump administration to appeal, but with no appeal filed, his order went into effect.
On Wednesday, a San Francisco-based appeals court found the president’s executive order unconstitutional and affirmed a lower court’s nationwide block.
A Maryland-based judge said last week that she would do the same if an appeals court signed off.
The justices ruled last month that lower courts generally can’t issue nationwide injunctions, but it didn’t rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The Supreme Court did not decide whether the underlying citizenship order is constitutional.
Plaintiffs in the Boston case earlier argued that the principle of birthright citizenship is “enshrined in the Constitution,” and that Trump does not have the authority to issue the order, which they called a “flagrantly unlawful attempt to strip hundreds of thousands of American-born children of their citizenship based on their parentage.”
They also argue that Trump’s order halting automatic citizenship for babies born to people in the U.S. illegally or temporarily would cost states funding they rely on to “provide essential services” — from foster care to health care for low-income children, to “early interventions for infants, toddlers, and students with disabilities.”
At the heart of the lawsuits is the 14th Amendment to the Constitution, which was ratified in 1868 after the Civil War and the Dred Scott Supreme Court decision. That decision found that Scott, an enslaved man, wasn’t a citizen despite having lived in a state where slavery was outlawed.
|
|
|
|
|
|
|
Korean Air Pilot Benefits - Why Korean Air?
Opinions |
2024/04/15 05:49
|
Korean Air Pilot Jobs - Total Aviation Service (TAS)
Our vision is to stand as a leading flight crew provider, offering a seamless journey from your initial application through the selection process, training, and the entirety of your assignment with Korean Air. Korean Air pilot jobs are highly sought-after and TAS provide a personal recruitment service to pilots.
The cornerstone of our success is founded in the wonderful communication we enjoy between TAS and our pilots. We endeavor every day to enable and maintain an open and transparent dialogue. Thanks to our experiences at Korean Air, TAS is also proud of the clear and expeditious communication we share with Korean Air’s management.
Korean Air Pilot Benefits - Apply to Captain and First Officer positions.
Tailored Commuting : Commute from home with the privilege of selecting your Home Base from Korean Air’s global network. What’s more, you can commute in Business Class, free of charge. No lines, no bid, you simply choose the days you want to be home.
Flexible Time Off : Enjoy a generous time-off policy that includes 11 consecutive days at home, in addition to 3 travel days each month, allowing you to select the days you wish to spend at home.
Sick Leave : Benefit from 14 days of paid sick leave per year (10 for First Officers) to ensure your well-being is a top priority.
Competitive Pay : We offer competitive compensation, including per-diems and overtime payments, ensuring your hard work is duly rewarded.
Renewable Contract : A renewable 5-year contract, with potential extensions to age 65, provides you with long-term stability. |
|
|
|
|
|
|
Supreme Court won’t upset Arkansas anti-Israel boycott law
Opinions |
2023/02/06 10:27
|
The Supreme Court on Tuesday refused to step into a legal fight over state laws that require contractors to pledge not to boycott Israel.
The justices rejected an appeal on behalf of an alternative weekly newspaper in Little Rock, Arkansas, that objected to a state law that reduces fees paid to contractors that refuse to sign the pledge.
The full federal appeals court in St. Louis upheld the law, overturning a three-judge panel’s finding that it violated constitutional free speech rights.
Similar measures in Arizona, Kansas and Texas were initially blocked by courts, prompting lawmakers to focus only on larger contracts. Arkansas’ law applies to contracts worth $1,000 or more.
Republican legislators in Arkansas who drafted the 2017 law have said it wasn’t prompted by a specific incident in the state. It followed similar restrictions enacted by other states in response to a movement promoting boycotts, divestment and sanctions of Israeli institutions and businesses over the country’s treatment of Palestinians. Israeli officials said the campaign masked a deeper goal of delegitimizing and even destroying their country. |
|
|
|
|
|
|
Ohio death row inmate resentenced, could get parole
Opinions |
2023/01/22 23:34
|
An Ohio prison inmate who has spent nearly four decades on death row in the murder of a convenience store clerk has been resentenced to a term that could allow his release on parole.
Lucas County Judge Stacy Cook vacated Gregory Esparza’s death sentence and imposed a new term of 30 years to life with credit for time served, The (Toledo) Blade reported. Two months ago, Cook had declared capital punishment unconstitutional in the case because prosecutors had failed to disclose evidence in his original trial.
“God is good for everyone,” Esparza said to relatives Friday as he was escorted from the courtroom back to the county jail.
Esparza, now 60, was convicted in 1984 of aggravated murder and aggravated robbery with gun specifications in the February 1983 death of Melanie Gerschutz. The 38-year-old wife and mother was working the cash register at Island Variety in East Toledo when she was shot during a robbery of $110 from the register.
Esparza’s initial appeals were denied but a public records request in 1991 turned up a large number of police reports, interviews, and other documents never given to his defense attorneys. A federal appeals court in 1995 overturned the death sentence citing a “defective indictment,” but the U.S. Supreme Court reversed the decision. A 2016 appeal was denied on the grounds that federal courts had assessed the 1991 evidence, but a state appellate court later said no court had yet addressed the 1991 evidence in the context of capital punishment. |
|
|
|
|
|
|
Idaho Supreme Court won’t weigh legality of child marriage
Opinions |
2022/10/24 06:35
|
A legal loophole in Idaho that allows parents of teens to nullify child custody agreements by arranging child marriages will remain in effect, under a ruling from the state Supreme Court on Tuesday.
In a split decision, the high court declined to decide whether Idaho’s child marriage law — which allows 16- and 17-year-olds to marry if one parent agrees to the union — is unconstitutional. Instead, the justices said that once a child is emancipated by marriage, the family court loses jurisdiction over custody matters.
The case arose from a custody battle between a Boise woman and her ex-husband, who planned to move to Florida and wanted to take their 16-year-old daughter along. The ex-husband was accused of setting up a “sham marriage” between his daughter and another teen as a way to end the custody fight.
It’s not a rare scenario — all but seven states allow minors below the age of 18 to marry, according to Unchained At Last, an organization that opposes child marriage. Nevada, Idaho, Arkansas and Kentucky have the highest rates of child marriage per capita, according to the organization. Although minors are generally considered legally emancipated once they are married, they generally still have limited legal rights and so may be unable to file for divorce or seek a protective order.
Erin Carver and William Hornish divorced in 2012, and only their youngest was still living at home last year when both sides began disputing the custody arrangements.
Carver said she learned Hornish was planning a “sham marriage” for the teen to end the custody battle, and asked the family court magistrate to stop the marriage plans. Several days later, the magistrate judge agreed, but it was too late. The teen had already married.
The high court heard arguments in March, and Carver’s attorney contended that the child marriage law is unconstitutional because it allows one parent to terminate another parent’s rights without due process. Hornish’s attorney, Geoffrey Goss, countered that his client had acted legally and followed state law.
In Tuesday’s ruling, a majority of the Supreme Court justices said that because the marriage had occurred before an initial ruling was made, the family court lost jurisdiction. Once a child is married, they are emancipated and no longer subject to child custody arrangements, the high court said.
|
|
|
|
|
|
|
Dental Malpractice Litigation Attorney in New York
Opinions |
2022/04/07 04:44
|
Jordan R. Pine is a dentist and attorney, making him eminently qualified to offer his expertise in dentist malpractice cases.
New York Dental malpractice occurs when the treatment provided by dental health care professionals falls below the acceptable standard of care causing serious personal injuries.
The law firm of Jordan R. Pine & Associates is exclusively dedicated to representing clients in dental malpractice lawsuits in New York State.
We have been involved with over 1,000 dental malpractice cases and have the expertise, resources, and passion to handle claims in this highly specific area. We have recovered millions of dollars for our clients.
Jordan R. Pine is an attorney who has spent most of his legal career defending dental malpractice cases. He was highly successful having prevailed in his last ten consecutive jury trials. During that time, he had the privilege to be a member of a large dental insurance company’s claims committee, which valued his input as to determining a case’s value and whether the case should settle or go to trial.
|
|
|
|
|
|
|
Live updates: NATO leader rules out no-fly zone over Ukraine
Opinions |
2022/03/16 22:48
|
NATO Secretary-General Jens Stoltenberg has categorically ruled out any role for the military organization in setting up and policing a no-fly zone over Ukraine to protect against Russian airstrikes.
Stoltenberg says “NATO should not deploy forces on the ground or in the air space over Ukraine because we have a responsibility to ensure that this conflict, this war, doesn’t escalate beyond Ukraine.”
Ukrainian President Volodymyr Zelenskyy has repeatedly appealed for NATO to set up a no-fly zone given Russia’s air superiority, as civilian casualties mount three weeks into the war.
Speaking Wednesday after chairing a meeting of NATO defense ministers, Stoltenberg conceded that “we see human suffering in Ukraine, but this can become even worse if NATO (takes) actions that actually turned this into a full-fledged war between NATO and Russia.”
He says the decision not to send air or ground forces into Ukraine is “the united position from NATO allies.” Earlier Wednesday, Estonia urged its 29 NATO partners to consider setting up a no-fly zone.
|
|
|
|
|
|
|
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. |
|
|
