Monday, April 08, 2024

Trump campaign expects to raise $43 million at Florida fundraiser

Donald Trump’s campaign is expecting to raise more than $40 million on Saturday when major donors gather for his biggest fundraiser yet. The event at the Palm Beach, Florida, home of billionaire investor John Paulson is expected to bring in $43 million for the former president’s third run at the White House, according to Paulson. The high-dollar event is expected to include about 100 guests, including more than a few billionaires, and top a new single-event fundraising record set by President Joe Biden, who raised $26 million recently at a gathering with former Presidents Bill Clinton and Barack Obama. “The response to our fundraising efforts has been overwhelming, and we’ve raised over $43 million so far,” Paulson, a hedge fund manager, said in a statement. “There is massive support amongst a broad spectrum of donors.” The event, billed as the “Inaugural Leadership Dinner,” sends a signal of a resurgence of Trump and the Republican Party’s fundraising, which has struggled to catch up to Biden and the Democrats. Trump and the GOP announced earlier in the week that they raised more than $65.6 million in March and closed out the month with $93.1 million. Biden and the Democrats announced Saturday that they took in more than $90 million last month and had $192 million-plus on hand. “While Donald Trump has been busy awarding himself golf trophies at Mar-a-Lago and palling around with billionaires, Joe Biden has been crisscrossing the nation connecting with voters and outlining his vision to grow our economy from the bottom up and the middle out,” Democratic National Committee Chair Jaime Harrison said in a statement, referring to Trump’s Florida residence. Trump initially struggled to attract big donors in particular when he launched his campaign and some lined up to support the other Republicans who challenged him in the presidential primary. But as Trump racked up easy wins, leveled the field and became the party’s presumptive nominee, the GOP has solidified behind him.

Monday, March 18, 2024

A Supreme Court ruling in a social media case could set standards

In a busy term that could set standards for free speech in the digital age, the Supreme Court on Monday is taking up a dispute between Republican-led states and the Biden administration over how far the federal government can go to combat controversial social media posts on topics including COVID-19 and election security. The justices are hearing arguments in a lawsuit filed by Louisiana, Missouri and other parties accusing officials in the Democratic administration of leaning on the social media platforms to unconstitutionally squelch conservative points of view. Lower courts have sided with the states, but the Supreme Court blocked those rulings while it considers the issue. The high court is in the midst of a term heavy with social media issues. On Friday, the court laid out standards for when public officials can block their social media followers. Less than a month ago, the court heard arguments over Republican-passed laws in Florida and Texas that prohibit large social media companies from taking down posts because of the views they express. The cases over state laws and the one being argued Monday are variations on the same theme, complaints that the platforms are censoring conservative viewpoints. The states argue that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who coerced changes in online content on Facebook, X (formerly Twitter) and other media platforms. “It’s a very, very threatening thing when the federal government uses the power and authority of the government to block people from exercising their freedom of speech,” Louisiana Attorney General Liz Murrill said in a video her office posted online. The administration responds that none of the actions the states complain about come close to problematic coercion. The states “still have not identified any instance in which any government official sought to coerce a platform’s editorial decisions with a threat of adverse government action,” wrote Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer. Prelogar wrote that states also can’t “point to any evidence that the government ever imposed any sanction when the platforms declined to moderate content the government had flagged — as routinely occurred.” The companies themselves are not involved in the case. Free speech advocates say the court should use the case to draw an appropriate line between the government’s acceptable use of the bully pulpit and coercive threats to free speech.

Saturday, March 09, 2024

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Thursday, March 07, 2024

Hong Kong court affirms landmark sedition conviction for pro-democracy activist

Criticizing laws or chanting anti-government slogans can be enough to jail someone for sedition in Hong Kong, an appeal court ruled Thursday in a landmark case brought under a colonial-era law increasingly used to crush dissent. Tam Tak-chi, the first person tried under the city’s sedition law since Hong Kong returned to Chinese rule in 1997. Tam’s lawyers had argued his conviction should be overturned because the prosecution did not show he meant to incite violence. The prosecution is widely seen as part of Beijing’s clampdown on dissent in the former British colony, following widespread anti-government protests in 2019. Hong Kong court affirms landmark sedition conviction for pro-democracy activist Tam was convicted on 11 charges in 2022, including seven counts of “uttering seditious words.” A judge at the lower court took issue with him chanting the popular protest slogan “Liberate Hong Kong, revolution of our times” — words the government says imply separatism — and criticizing the Beijing-imposed National Security Law during a primary campaign. The judge said his words broke the law because they incited discontent against Hong Kong and disobedience to the law. Tam and his lawyers had drawn hope from a ruling made by a top Commonwealth court in a 2023 case about a similar law. In that case, the London-based Privy Council said that the sedition law in Trinidad and Tobago could not be used to convict people unless they intended to incite violence or disorder. The Privy Council is the court of final appeal for a number of Commonwealth countries. But the Hong Kong court rejected the argument, finding that the Privy Council ruling only applied to the law in Trinidad and Tobago. Judge Jeremy Poon said sedition in Hong Kong is a statutory offense, not a common law offense. He added that law’s legislative history made it clear that an intention to incite violence is not a necessary element of most sedition offenses. “Nothing suggests that any individual, including the applicant, a politician and activist highly critical of the government and a stern opponent of government policy, would be subject to an unacceptably harsh burden because of the restriction on seditious acts or speeches imposed by the offense,” the ruling said.

Wednesday, February 14, 2024

North Carolina voter ID trial rescheduled again for spring in federal court

A federal lawsuit filed over five years ago challenging North Carolina's new photo voter identification mandate is now set to go to trial in the spring, with an outcome that could possibly affect what people must do to cast ballots this fall. The U.S. District Court in Winston-Salem announced on Monday that Judge Loretta Biggs will convene the nonjury trial starting May 6 over the law, which was implemented just last fall. While the state's photo ID requirement remains in place for the March 5 primary elections, a spring or summer ruling after the trial by Biggs to strike down the law could threaten its use in the November general election in the nation's ninth-largest state. North Carolina will have races for governor, attorney general and many other statewide races on the fall ballots. Courts, however, can be cautious about changing voting rules close to an election to avoid confusion. The May date is about three months later than the date that lawyers for the state NAACP and several local chapters had requested several months ago. They sued over the 2018 law claiming it is marred by racial bias. Attorneys for Republican legislative leaders defending the law had told Biggs in writing that the trial schedule sought by the NAACP groups was deficient. They also said it allowed no opportunity for the judge to dismiss the case on arguments before going to a formal trial. Biggs held a hearing in November about the trial date and whether the State Board of Elections should be required to provide more public records to the plaintiffs about how voter ID has been implemented since last year. In a separate order Monday, Biggs sent the plaintiff’s request to a magistrate judge to recommend a decision to her. That recommendation can be challenged. After a state Supreme Court ruling last April upholding the 2018 law as legal, the photo ID mandate was carried out in mostly municipal elections in September, October and November. The trial date order doesn't estimate how long the trial will last. But it sets aside three weeks after the trial for the sides to file more papers. The federal lawsuit alleges that the ID law violates the Voting Rights Act by discriminating disproportionately against Black and Latino voters to comply with the requirement. Republican lawmakers disagree and say the law builds public confidence in elections. They also point in part to a broader array of exceptions for people lacking an ID to still cast ballots when compared to an earlier voter ID law. Previous trial dates for 2021 and 2022 were postponed. Biggs delayed one start date while the U.S. Supreme Court weighed her earlier refusal to allow GOP lawmakers to intervene in the case and defend the law in court. The U.S. justices sided with the legislative leaders in June 2022. Biggs lifted her stay on action in the case last summer a few months after the state Supreme Court determined the mandate comported with state constitution. In late 2019, Biggs issued a preliminary injunction blocking the 2018 voter ID law, saying it was tainted by racial bias largely because a previous voter ID law approved by legislators in 2013 had been struck down on similar grounds. The 2013 law was implemented briefly in 2016.

Thursday, February 08, 2024

Republicans urge state Supreme Court to reject redistricting report’s findings

Wisconsin Republicans urged the state Supreme Court on Thursday to ignore a report from redistricting consultants that determined GOP-proposed legislative maps were unconstitutional partisan gerrymanders. While Republicans argue that the consultants’ findings are unsound, Democrats asked the court on Thursday to adopt one of their maps that the consultants found were “nearly indistinguishable.” The stakes are huge in battleground Wisconsin, where Republicans have held a firm grip on control of the Legislature even as Democrats have notched significant statewide wins. Four of the past six presidential elections have been decided by less than a percentage point, while Republicans have increased their majorities under the maps they first drew in 2011 to 22-10 in the Senate and 65-34 in the Assembly. The liberal-controlled Wisconsin Supreme Court ruled in December that the current Republican-drawn legislative maps were unconstitutional because not all the districts were contiguous. The court ordered the parties involved in the lawsuit to submit new maps that a pair of consultants then reviewed. With the report and responses now in hand, the court is poised to rule within days or weeks on what the new maps should look like, unless the Republican-controlled Legislature passes maps that Democratic Gov. Tony Evers signs into law first. Republicans are talking about passing the maps that Evers proposed, which the governor indicated on Wednesday he would sign. Evers last week vetoed maps the Legislature passed that were based on his proposal but made changes to protect Republican incumbents. Republican Assembly Majority Leader Tyler August said Thursday there have been discussions with Senate Republicans about passing the Evers maps with no changes. While those talks continue, the Supreme Court accepted responses Thursday from Republicans and Democrats to the consultants’ report. The court and Legislature are facing a March 15 deadline to enact new lines. That is the latest that maps can be in place in order for current filing deadlines for the fall election to be met, according to the Wisconsin Elections Commission. Attorneys for the Legislature argued in their court filing Thursday that the consultants’ report was about finding a political remedy to redistricting, not addressing the continuity issue. “There is no judicial power, only political will, to impose any of the Democrats’ sweeping redraws as a judicial remedy,” the Legislature argued. The Legislature also hints at an appeal to the U.S. Supreme Court, saying that moving millions of voters from one legislative district to another as the Democratic map proposals would do “raises serious federal constitutional questions.” The conservative Wisconsin Institute for Law & Liberty made a similar argument, saying adopting the reasoning of the consultants in rejecting it and the Legislature’s maps “would be an egregious due process violation.” Republicans have also argued that liberal Justice Janet Protasiewicz should not have heard the case, given that she called the current Republican maps “rigged” and “unfair” during the campaign and accepted about $10 million in donations from Democrats. She was part of the 4-3 majority that voted to toss the Republican maps.

Sunday, January 28, 2024

Donald Trump must pay an additional $83.3 million to E. Jean Carroll

A jury awarded $83.3 million to E. Jean Carroll on Friday in a stinging and expensive rebuke to former President Donald Trump for his continued social media attacks against the longtime advice columnist over her claims that he sexually assaulted her in a Manhattan department store. The award, coupled with a $5 million sexual assault and defamation verdict last year from another jury in a case brought by Carroll, raised to $88.3 million what Trump must pay her. Protesting vigorously, he said he would appeal. Carroll, 80, clutched her lawyers’ hands and smiled as the seven-man, two-woman anonymous jury delivered its verdict. Minutes later, she shared a weepy three-way hug with her attorneys. She declined comment as she left the Manhattan federal courthouse, but issued a statement later through a publicist, saying, “This is a great victory for every woman who stands up when she’s been knocked down, and a huge defeat for every bully who has tried to keep a woman down.” Trump had attended the trial earlier in the day, but stormed out of the courtroom during closing arguments by Carroll’s attorney. He returned for his own attorney’s closing argument and for a portion of the deliberations, but left the courthouse a half hour before the verdict was read. “Absolutely ridiculous!” he said in a statement shortly afterward. “Our Legal System is out of control, and being used as a Political Weapon.” His attorney, Alina Habba, said the verdict resulted because Trump’s opponents were suing “in states where they know they will get juries like this.” “It will not deter us. We will keep fighting. And, I assure you, we didn’t win today, but we will win,” she said. The trial reached its conclusion as Trump marches toward winning the Republican presidential nomination a third consecutive time. He has sought to turn his various trials and legal vulnerabilities into an advantage, portraying them as evidence of a weaponized political system. Though there’s no evidence that President Joe Biden or anyone in the White House has influenced any of the legal cases against him, Trump’s line of argument has resonated with his most loyal supporters, who view the proceedings with skepticism. Nikki Haley, his last major rival in the Republican primaries, said on social media Friday that the verdict meant that people were “talking about $83 million in damages” rather than fixing the border or inflation. With the Carroll civil case behind him, Trump still faces 91 criminal charges in four indictments accusing him of trying to overturn the 2020 presidential election, mishandling classified documents and arranging payoffs to a porn star.

Tuesday, January 02, 2024

Hong Kong activist publisher Lai pleads not guilty to sedition charges

Prominent activist and publisher Jimmy Lai on Tuesday pleaded not guilty to three charges of sedition and collusion with foreign countries in a landmark national security trial in Hong Kong. Lai was arrested during a crackdown on dissidents following huge pro-democracy protests in 2019. He faces possible life imprisonment if convicted under a sweeping national security law imposed by Beijing. The trial is expected to last about 80 days without a jury. The 76-year-old media tycoon who founded the now-defunct Apple Daily newspaper faces one count of conspiring to print seditious publications to incite hatred against the Chinese and Hong Kong governments, as well as two counts of collusion with foreign countries to call for sanctions and other hostile actions against China and Hong Kong. Flanked by three prison officers, Lai formally pleaded not guilty to the charges read to him, shortly after the court rejected a last-ditch attempt by his counsel to throw out a sedition charge. Prosecutor Anthony Chau in his opening statements described Lai as a “radical political figure” and the “mastermind” behind a conspiracy. Chau also said that Lai had used his media platform to advance his political agenda. Clips of interviews that Lai gave to foreign media as well as speeches at events between 2019 and 2020 were also played in court. In the video, Lai called for support from foreign governments and urged U.S. officials as well as then-President Donald Trump to impose “draconian” measures on China and Chinese officials in retaliation for imposing the national security law and restricting freedoms in Hong Kong. His prosecution has drawn criticism from the United States and the United Kingdom. Beijing has called those comments irresponsible, saying they went against international law and the basic norms of international relations.

Friday, December 01, 2023

A conservative attack on government regulation reaches the Supreme Court

The Supreme Court is hearing arguments in a challenge to the Securities and Exchange Commission’s ability to fight fraud, part of a broad attack on regulatory agencies led by conservative and business interests. The case before the justices Wednesday involves the Biden administration’s appeal of a lower-court ruling that threw out stiff financial penalties imposed on hedge fund manager George R. Jarkesy by the SEC. The high court’s decision could have far-reaching effects on the SEC and other regulatory agencies, and it’s just one of several cases this term that could constrict federal regulators. The court’s conservative majority has already reined them in, including in last May’s decision sharply limiting their ability to police water pollution in wetlands. Last year, a divided panel of the New Orleans-based 5th U.S. Circuit Court of Appeals ruled in favor of Jarkesy and his Patriot28 investment adviser group on three separate issues. It found that the SEC’s case against him, resulting in a $300,000 civil fine and the repayment of $680,000 in allegedly ill-gotten gains, should have been heard in a federal court instead of before one of the SEC’s administrative law judges. The panel also said Congress unconstitutionally granted the SEC “unfettered authority” to decide whether the case should be tried in a court of law or handled within the executive branch agency. And it said laws shielding the commission’s administrative law judges from being fired by the president are unconstitutional. Judge Jennifer Walker Elrod wrote the appellate opinion, joined by Judge Andrew Oldham. Elrod was appointed by former President George W. Bush, and Oldham by former President Donald Trump.

Monday, November 20, 2023

Trump celebrates win in Colorado election case during return visit to Iowa

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.

Thursday, November 16, 2023

Russian court fines Google for failing to store personal data on its users

A Moscow court on Tuesday fined Google for failing to store personal data on its Russian users, the latest in a series of fines on the U.S. tech giant amid tensions between the Kremlin and the West over the fighting in Ukraine. A magistrate at Moscow’s Tagansky district court fined Google 15 million rubles (about $164,200) after the company repeatedly refused to store personal data on Russian citizens inside the country. Google was previously fined over the same charges in August 2021 and June 2022. The company declined to comment. Google also was ordered to pay a 3 million ruble (about $32,800) fine in August for failing to delete allegedly false information about the conflict in Ukraine. Russia can do little to collect the fine, however, as Google’s Russia business was effectively shut down last year after Moscow sent troops into Ukraine. The company has said it filed for bankruptcy in Russia after its bank account was seized by the authorities, leaving it unable to pay staff and suppliers. Russian courts also have fined Apple and the Wikimedia Foundation, which hosts Wikipedia. Since sending troops into Ukraine in February 2022, Russian authorities have taken measures to stifle any criticism of the military campaign. Some critics have received severe punishments. Opposition figure Vladimir Kara-Murza was sentenced this year to 25 years in prison for treason stemming from speeches he made against Russia’s actions in Ukraine. Sasha Skochilenko, an artist and musician from St. Petersburg, is on trial on charges of spreading false information about the military for replacing supermarket price tags with protest slogans. Prosecutors have asked for an eight-year prison sentence for her.

Sunday, November 05, 2023

Appeals courts temporarily lifts Donald Trump’s gag order

A federal appeals court temporarily lifted a gag order on Donald Trump in his 2020 election interference case in Washington on Friday — the latest twist in the legal fight over the restrictions on the former president’s speech. The U.S. Court of Appeals for the D.C. Circuit decision puts a hold on the limited gag order to give the judges time to consider Trump’s request for a longer pause on the restrictions while his appeals play out. The appeals court said the temporary pause “should not be construed in any way as a ruling on the merits” of Trump’s bid. The court set oral arguments for Nov. 20 before a panel of three judges — all appointees of Democratic presidents. The gag order, imposed by U.S. District Judge Tanya Chutkan, bars Trump from making public statements targeting prosecutors, court staff and potential witnesses in the case accusing him of conspiring to overturn the 2020 election he lost to President Joe Biden. It still allows the former president to assert his innocence and his claims that the case against him is politically motivated. Chutkan, who was appointed to the bench by former President Barack Obama reimposed the gag order on Sunday, after prosecutors pointed to Trump’s recent social media comments about his former chief of staff Mark Meadows. It’s the most serious restriction a court has put on the speech of the GOP presidential primary frontrunner and criminal defendant in four separate cases. Gag orders are not unheard of in high-profile cases, but courts have never had to wrestle before with whether they can curtail the speech of a presidential candidate. Special counsel Jack Smith’s team has said Trump’s inflammatory rhetoric about those involved in the case threatens to undermine public confidence in the judicial system and influence potential witnesses who could be called to testify.

Tuesday, October 24, 2023

Trump trial: accountant testifies, Michael Cohen postpones

Donald Trump returned Tuesday to the civil fraud trial that imperils his real estate empire, watching and deploring the case as an employee and an outside appraiser testified that his company essentially put a thumb on the scale when sizing up his properties’ value. Incensed by a case that disputes his net worth and could strip him of such signature holdings as Trump Tower, the former president is due to testify later in the trial. But he chose to attend the first three days and came back Tuesday to observe — and to protest his treatment to the news cameras waiting outside the Manhattan courtroom. Star witness Michael Cohen, a onetime Trump fixer now turned foe, postponed his scheduled testimony because of a health problem. Instead, Trump company accountant Donna Kidder testified that she was told to make some assumptions favorable to the firm on internal financial spreadsheets. Outside appraiser Doug Larson said he didn’t suggest or condone a former Trump Organization comptroller’s methods of valuing properties. “It doesn’t make sense,” Larson said of the way the ex-controller reached a $287.6 million value for a prominent Trump-owned retail space in 2013. Trump, outside court, reiterated his insistence that he’s done nothing wrong and that New York Attorney General Letitia James’ lawsuit is a political vendetta designed to drag down his 2024 presidential campaign as he leads the Republican field.

Friday, October 20, 2023

Federal Judge rules California assault weapons ban unconstitutional

A federal judge who previously overturned California’s three-decade-old ban on assault weapons did it again on Thursday, ruling that the state’s attempts to prohibit sales of semiautomatic guns violates the constitutional right to bear arms. U.S. District Judge Roger Benitez of San Diego conceded that powerful weapons like AR-15 rifles are commonly used by criminals, but said the guns are importantly also owned by people who obey the law and feel they need firearms to protect themselves. “The State of California posits that its ‘assault weapon’ ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense,” Benitez wrote. “Nevertheless, more than that is required to uphold a ban.” The judge’s ruling is nearly identical to a 2021 decision in which he called California’s ban on assault weapons a “failed experiment.” Benitez has has repeatedly struck down multiple California firearms laws. Just last month, he ruled the state cannot ban gun owners from having detachable magazines that hold more than 10 rounds. Benitez’s latest decision would overturn multiple state statutes related to assault weapons. The judge gave the state 10 days to seek a stay on the ruling as part of an appeal to the U.S. 9th Circuit Court of Appeals. California Attorney General Rob Bonta said his office had already filed a notice of appeal. “Weapons of war have no place on California’s streets,” Bonta said in a statement Thursday. “This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties. In the meantime, assault weapons remain unlawful for purchase, transfer, or possession in California.” John Dillon, an attorney for the plaintiffs who sued to overturn the law, cheered the judge’s ruling.

Tuesday, October 10, 2023

Biden’s second try at student loan cancellation moves forward with debate

President Joe Biden’s second attempt at student loan cancellation began moving forward Tuesday with a round of hearings to negotiate the details of a new plan. In a process known as negotiated rulemaking, 14 people chosen by the Biden administration are meeting for the first of three hearings on student loan relief. Their goal is to guide the Education Department toward a proposal after the Supreme Court rejected Biden’s first plan in June. The negotiators all come from outside the federal government and represent a range of viewpoints on student loans. The panel includes students and officials from a range of colleges, along with loan servicers, state officials and advocates including the NAACP. In opening remarks, Under Secretary of Education James Kvaal said the student debt crisis has threatened to undercut the promise of higher education. “Student loan debt in this country has grown so large that it siphons off the benefits of college for many students,” Kvaal said in prepared remarks. “Some loans made to young adults stretch into retirement with no hope of being repaid. These debt burdens are shared by families and communities.” Biden directed the Education Department to find another path to loan relief after the conservative court ruled that he couldn’t cancel loans using a 2003 law called the HEROES Act. The latest attempt will rest on a sweeping law known as the Higher Education Act, which gives the education secretary authority to waive student loans — although how far that power extends is the subject of legal debate. The department is going through the negotiated rulemaking process to change or add federal rules clarifying how the secretary can cancel debt.

Sunday, September 17, 2023

A Supreme Court redistricting ruling gave hope to Black voters

The Supreme Court’s decision siding with Black voters in an Alabama redistricting case gave Democrats and voting rights activists a surprising opportunity before the 2024 elections. New congressional maps would have to include more districts in Alabama and potentially other states where Black voters would have a better chance of electing someone of their choice, a decision widely seen as benefiting Democrats. It’s been more than three months since the justice’s 5-4 ruling, and maps that could produce more districts represented by Black lawmakers still do not exist. Alabama Republicans are hoping to get a fresh hearing on the issue before the Supreme Court. Republican lawmakers in Louisiana never even bothered to draw a new map. Khadidah Stone, a plaintiff in the Alabama case, said the continuing opposition was “appalling” but “not surprising.” She noted that Alabama is where then-Gov. George Wallace blocked Black students from integrating the University of Alabama in 1963. “There is a long history there of disobeying court orders to deny Black people our rights,” she said. A similar dynamic is playing out in Florida, where Republicans are appealing a ruling favorable to Black voters to the Republican-majority state Supreme Court. Lawsuits over racially gerrymandered congressional maps in several other states, including Georgia, South Carolina and Texas, quickly followed the Supreme Court’s landmark Voting Rights Act decision in June. But the continued pushback from Republican legislatures in control of redistricting means there is great uncertainty about whether –- or how soon -– new maps offering equal representation for Black voters will be drawn.

Tuesday, September 12, 2023

McCarthy juggles a government shutdown and a Biden impeachment inquiry

House Speaker Kevin McCarthy is a man who stays in motion — enthusiastically greeting tourists at the Capitol, dashing overseas last week to the G7 summit of industrial world leaders, and raising funds back home to elect fellow Republicans to the House majority. But beneath the whirlwind of activity is a stubborn standstill, an imbalance of power between the far-right Republicans who hoisted McCarthy to the speaker’s role yet threaten his own ability to lead the House. It’s a political standoff that will be tested anew as the House returns this week from a long summer recess and McCarthy faces a collision course of difficult challenges — seeking to avoid a government shutdown, support Ukraine in the war and launch an impeachment inquiry into President Joe Biden. “They’ve got some really heavy lifting ahead,” said the No. 2 Republican in the Senate, John Thune, of South Dakota. McCarthy, of California, is going to “have his hands full trying to figure out how to navigate and execute,” he said. Congress has been here before, as has McCarthy in his nearly two decades in office, but the stakes are ever higher, with Republicans powered by an increasingly hard-right faction that is refusing to allow business as usual in Washington. With former President Donald Trump’s backing, McCarthy’s right-flank pushed him into the speaker’s office at the start of the year only after he agreed to a long list of conservative demands — including the ability to call a quick vote to “vacate the chair” and remove him from office. That threat of an abrupt ouster hovers over McCarthy’s every move, especially now. To start, Congress faces a deadline to fund the government by the end of the month, or risk a potentially devastating federal shutdown. There are just 11 working days for Congress to act once the House resumes Tuesday. McCarthy and his team are pitching lawmakers on a stopgap funding bill, through Nov. 1, to keep the government running under a 30-day continuing resolution, or CR, according to a leadership aide granted anonymity to discuss the private talks. But as McCarthy convenes lawmakers for a private huddle, even the temporary funding is expected to run into opposition from his right flank. Facing a backlash from conservatives who want to slash government funding, McCarthy may be able to ease the way by turning to another hard-right priority, launching a Biden impeachment inquiry over the business dealings of the president’s son, Hunter Biden.

Tuesday, August 22, 2023

Some states reject federal money to find and replace dangerous lead pipes

As the Biden administration makes billions of dollars available to remove millions of dangerous lead pipes that can contaminate drinking water and damage brain development in children, some states are turning down funds. Washington, Oregon, Maine and Alaska declined all or most of their federal funds in the first of five years that the mix of grants and loans is available, The Associated Press found. Some states are less prepared to pay for lead removal projects because, in many cases, the lead must first be found, experts said. And communities are hesitant to take out loans to search for their lead pipes. States shouldn’t “shrug their shoulders” and pass up funds, said Erik Olson, a health and food expert at the environmental group Natural Resources Defense Council. “It’s troubling that a state would decide to take a complete pass on the funding because part of the reason for the funding is to figure out whether you even have lead,” Olson said. The Biden administration wants to remove all 9.2 million lead pipes carrying water to U.S. homes. Lead can lower IQ and create behavioral problems in children. The 2021 infrastructure law provides $15 billion to find and replace them. That money will help a lot, but it isn’t enough to get all the toxic pipes out of the ground. State programs distribute the federal funds to utilities. The Environmental Protection Agency said it is reviewing state requests to decline funds but did not provide a full list of states that have said no so far. That information will be available in October, officials said. States that declined first-year funds can still accept them during the remaining four years. “EPA has been working closely with our state partners on utilizing Bipartisan Infrastructure Law funding that is available,” the agency said. Lead pipes are far more common in some states such as Michigan and Illinois, which each have hundreds of thousands. The harm there is clear. Flint’s lead crisis elevated lead in tap water to a national health issue. Residents of Benton Harbor, Michigan, drank water with too much lead for years until all their lead pipes were replaced. In response, however, Michigan is clamoring for as much money as it can get to remove lead. The states that declined funds have fewer problematic pipes, but that doesn’t mean lead isn’t an issue. There’s concern about lead in some Maine schools. Portland, Oregon, has struggled with high lead levels for years, although recent tests have been better and officials say the issue isn’t lead pipes, but household plumbing.

Wednesday, August 02, 2023

Bankruptcy Filings Rise 10%, and Courts Feel the Pinch

Personal and business bankruptcy filings rose 10 percent in the twelve-month period ending June 30, 2023, compared with the previous year. Bankruptcy totals are reported four times annually by the U.S. government. According to statistics released by the Administrative Office of the U.S. Courts, annual bankruptcy filings totaled 418,724 in the year ending June 2023, compared with 380,634 cases in the previous year. Business filings rose 23.3 percent, from 12,748 to 15,724 in the year ending June 30, 2023. Non-business bankruptcy filings rose 9.5 percent to 403,000, compared with 367,886 in the previous year. On a broader scale, according to the newest statistics released by the Administrative Office of the U.S. Courts, annual bankruptcy filings totaled 418,724 in the year ending June 2023, compared with 380,634 cases in the previous year. Bankruptcy totals for the previous 12 months are reported four times annually. Filings over any 12-month period have increased only rarely since filings peaked in 2010. Bankruptcies fell sharply after the pandemic began in early 2020, despite some early COVID-related disruptions to the economy.

Tuesday, July 25, 2023

Abortion messaging roils debate over Ohio ballot initiative

The fraught politics of abortion have helped turn an August ballot question in Ohio that would make it harder to change the state constitution into a cauldron of misinformation and fear-mongering. State Issue 1, the sole question on the ballot, calls for raising the threshold for passing future changes to the Ohio Constitution from a simple majority to 60%. Starting next year, it also would double the number of counties where signatures must be gathered, from 44 to all 88, and do away with the 10-day grace period for closing gaps in the total valid signatures submitted. Republican state lawmakers and the GOP elections chief who urgently advanced the measure said it had nothing to do with thwarting an abortion rights questionworking toward the ballot this fall. However, early summer messaging on social media and in churches has consistently urged a yes vote on the August amendment “to protect life” — and that’s just one example of the loaded messages confronting voters during the campaign. Protect Women Ohio, the campaign against the fall abortion issue, is airing pro-Issue 1 ads suggesting that abortions rights proponents at work in the state “encourage minors to get sex change surgeries and want to trash parental consent.” The fall abortion amendment would protect access to various forms of reproductive health care but makes no mention of gender surgery, and the attorneys who wrote it say Ohio’s parental consent law would not be affected. Groups opposing Issue 1 also have played on voters’ fears with their messaging against the 60% threshold. One spot by the Democratic political group Progress Action Fund shows a couple steamily groping in their bedroom, then interrupted by a white-haired Republican congressman who has come to take their birth control. It closes with a caption: “Keep Republicans Out of Your Bedroom. Vote No On Aug, 8.” While the ad is based in fears that the U.S. Supreme Court could limit rights to at-home contraception and Issue 1 would make it harder to enshrine those in Ohio’s state constitution, “the direct, immediate issue is abortion,” said Susan Burgess, a political science professor at Ohio University. The divergent abortion communications around Issue 1 reflects a big problem Republicans in Ohio must confront: holding an increasingly diverse voting bloc together, Burgess said.

Saturday, June 03, 2023

Federal appeals court overturns 1991 death sentence in Fresno double murder

A federal appeals court in a rare move overturned the death sentence of a man who was convicted of robbing and killing two people in Fresno in 1988, saying prosecutors knowingly presented false testimony from a key witness. The Ninth U.S. Circuit Court of Appeals in its Wednesday ruling upheld Colin Dickey’s robbery conviction and said prosecutors could decide whether to retry him for murder. Dickey remains in prison. “This is an exceptional case in which the prosecutor deliberately elicited, and then failed to correct, false and misleading testimony from the State’s star witness,” the court said in a ruling overturning Dickey’s 1991 death sentence. The Fresno County prosecutor elicited the testimony from key witness Gene Buchanan, who told the jury he had not met with prosecutors or accepted any benefits from them. In fact, the court said, they had met a dozen times during the investigation, and the district attorney’s office had dismissed drug charges against him and helped him collect a $5,000 reward for implicating Dickey, one of his roommates. Dickey was convicted in the murders of two neighbors, Marie Caton, 76, and Louis Freiri, 67, who were beaten and stabbed to death in November 1988 at Caton’s home in Fresno, where Freiri was a boarder, the San Francisco Chronicle reported. Both Dickey and Buchanan lived with Caton’s grandson, Richard Cullumber, who according to witnesses was a drug user who frequently requested money from Caton. Five days after the attack, the court said, Cullumber fled police in a car, said he had “killed a woman,” was cornered after a high-speed chase and shot himself to death.

Families sue to block Idaho law barring gender-affirming care for minors

The families of two transgender teenagers filed a lawsuit Thursday to block enforcement of Idaho’s ban on gender-affirming medical care for minors. The ban, which was signed into law in April and scheduled to take effect in January 2024, violates the federal constitutional guarantee of equal protection for the teens and due process for their parents, the families said in the filing in U.S. District Court. “Governor Brad Little signed the bill into law in the name of ‘protecting minors.’ But lawmakers and the Governor ignored the extensive legislative testimony that the Healthcare Ban harms children,” the court filing asserts. The plaintiffs, whose legal representation includes lawyers from the American Civil Liberties Union, note that the law makes it a felony for doctors to provide puberty blockers, hormone treatment and surgery for minors only in cases in which it is to help align their bodies with their gender identities. The same treatments are allowed for other purposes. The legal challenges are also so recent that there’s not a clear trend for outcomes. A court put enforcement of a Missouri policy on hold — and then officials terminated the rule entirely last month. Lawmakers there have separately passed a ban, though it has not been signed into law so far. Oklahoma has agreed not to enforce its ban while opponents seek to have it blocked. In the Idaho case, the plaintiff families were not named. Both teens are receiving gender-affirming care. In the court filing, one of the families said the treatment has improved their daughter’s life: She no longer has days when her gender dysphoria is so severe she feels she cannot get out of bed; she’s happy to look into mirrors; her grades have improved and her mother said the girl was glowing as she prepared for her school’s prom. But debate over and passage of the ban took a toll, leading to depressive thoughts and telling her parents she feels the state where she’s lived her whole life is telling her to leave — something the family is considering doing so she can continue her treatments. Defendants in the lawsuit include Idaho Attorney General Raul Labrador, a county prosecutor and members of the Idaho Code Commission. Labrador’s office, which would likely defend the law in court, said in a statement that it does not comment on pending litigation.

Friday, May 19, 2023

Suspect in fatal stabbing of Cash App founder pleads not guilty

Tech consultant Nima Momeni pleaded not guilty Thursday to a murder charge in the stabbing death of Cash App founder Bob Lee on the streets of San Francisco. San Francisco Superior Court Judge Victor Hwang ordered Momeni, 38, kept in jail without bail, saying he posed a public safety risk if released. Momeni, who appeared in an orange sweatshirt and pants, did not speak, and his attorney Paula Canny entered the plea on his behalf. The case has drawn national attention, partly given Lee’s status in the tech world. Lee was found with three stab wounds, including one to the heart, shortly after 2:30 a.m. April 4 and was taken to a hospital where he later died. He was found in the Rincon Hill neighborhood in downtown San Francisco, which has tech offices and condominiums but little activity in the early morning hours. Lee, 43, created Cash App, a mobile payment service, and was the chief product officer of the cryptocurrency MobileCoin. He was mourned as a loving father of two who made friends wherever he went. Prosecutors have not provided a motive but say Momeni stabbed Lee after a dispute related to Momeni’s sister, who appeared in court Thursday alongside their mother. Assistant District Attorney Omid Talai argued Thursday to detain Momeni without bail, saying that the defendant drove Lee to a secluded spot and used a knife that was part of a unique kitchen set belonging to his sister. Police recovered a knife with a 4-inch (10-centimeter) blade at the scene. Talai said that analysis showed Momeni’s DNA on the handle of the knife and Lee’s DNA on the bloody blade and no evidence that Lee had touched the handle, contradicting Canny’s claim of self-defense for her client. But Canny said that Momeni did not drive Lee to a secluded spot with the aim of killing him. Instead, she said, Lee directed him to pull over after calling an Uber because the two had argued. The last time Momeni saw Lee, Canny said, Lee was standing upright and walking away.

Monday, May 15, 2023

PA mail-in voting law gets beaten up on GOP campaign trail

Election integrity and Pennsylvania’s mail-in voting law are prominent subjects in the state’s Republican primary contest for an open state Supreme Court seat, as Donald Trump continues to baselessly claim that the 2020 election was stolen. This year, two GOP primary rivals for the state Supreme Court seat in Tuesday’s primary election are signaling their disapproval of Pennsylvania’s expansive mail-in voting law. In one appearance last month, Carolyn Carluccio, a Montgomery County judge, called the mail-in voting law “bad” for the state and for faith in elections. She suggested elections are too “secretive” and promised that if the law comes before the high court “I’m going to be happy to take a look at it.” Meanwhile, Patricia McCullough, a judge on the statewide Commonwealth Court, repeatedly highlights her rulings in election-related cases, including voting to throw out the mail-in voting law. “Election integrity, that seems to be like the most important issue to the people right now,” McCullough told an interviewer on public access television in Erie last month. Both parties will pick a high court nominee to run in November’s general election. The state’s highest court currently has four justices elected as Democrats and two as Republicans. The seat is open following the death of Chief Justice Max Baer last fall. Allegations about election fraud and opposition to Pennsylvania’s mail-in voting law have persisted in Republican primaries in 2021 and 2022, demonstrating just how influential Trump’s extreme and baseless election claims are to the GOP campaign trail. In last year’s governor’s race, for instance, every candidate in the GOP’s nine-person field vowed to repeal the 2019 law that established no-excuse mail-in voting in Pennsylvania. A third Republican-backed challenge to the mail-in voting law is pending in state courts, while Republicans have repeatedly gone to court to try to ensure that ballots cast by legal, eligible voters are thrown out for technical errors, like a missing envelope, signature or date.

Saturday, April 29, 2023

Supreme Court hears mail carrier’s religious tolerance case

The Supreme Court is being asked to decide under what circumstances businesses must accommodate the needs of religious employees. A case before the justices Tuesday involves a Christian mail carrier in rural Pennsylvania. He was told that as part of his job he’d need to start delivering Amazon.com packages on Sundays. He declined, saying his Sundays are for church and family. U.S. Postal Service officials initially tried to get substitutes for the man’s shifts, but they couldn’t always. When he didn’t show, that meant more work for others. Ultimately, the man quit and sued for religious discrimination. The case is the latest religious confrontation the high court has been asked to referee. In recent years, the court’s 6-3 conservative majority has been particularly sensitive to the concerns of religious plaintiffs. That includes a ruling last year in which the court said a public high school football coach should be allowed to pray on the field after games. Another case the court is weighing this term involves a Christian graphic artist who wants to create wedding websites, but doesn’t want to serve gay couples. A federal law, Title VII of the Civil Rights Act of 1964, requires employers to accommodate employees’ religious practices unless doing so would be an “undue hardship” for the business. But a Supreme Court case from 1977, Trans World Airlines v. Hardison, says employers can deny religious accommodations to employees when they impose “more than a de minimis cost” on the business. Three current justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — have said the court should reconsider the Hardison case. The case currently before the court involves Gerald Groff, a former employee of the U.S. Postal Service in Pennsylvania’s Amish Country. For years, Groff was a fill-in mail carrier who worked on days when other mail carriers were off. But when an Amazon.com contract with the Postal Service required carriers to start delivering packages on Sundays, Groff balked. Initially, to avoid the shifts, Groff transferred to a more rural post office not yet doing Sunday deliveries, but eventually that post office was required to do them too.

Wednesday, April 19, 2023

Supreme Court rejects Turkish bank’s arguments in Iran case

The Supreme Court on Wednesday rejected a Turkish bank’s main arguments for dismissing a lawsuit accusing it of helping Iran evade U.S. sanctions, but the court sent the case back for additional review. Halkbank, a bank owned by Turkey, had argued that a federal law, the Foreign Sovereign Immunities Act of 1976, gave foreign states absolute immunity from criminal prosecution in U.S. courts. It also said federal courts don’t have jurisdiction to oversee the case. “We disagree with Halkbank on both points,” Justice Brett Kavanaugh wrote for himself and six of his eight colleagues. Still, Kavanaugh said the case should go back to a lower court for further review. He said the lower court “did not fully consider the various arguments regarding common-law immunity that the parties press in this Court.” The federal government says the bank “participated in the largest-known conspiracy to evade the United States’ economic sanctions on Iran,” laundering billions of dollars worth of Iranian oil and natural gas proceeds. The government says that working with an Iranian-Turkish businessman, the bank created ways for Iran to access the funds — including shipments of gold and fake food shipments. The government says that the schemes “freed up approximately $20 billion of restricted Iranian funds.” The businessman, Reza Zarrab, has pleaded guilty. The case was initiated under the Trump administration but was continued by the Biden administration. The case is Turkiye Halk Bankasi A.S. v. United States, 21-1450.

Sunday, April 09, 2023

Wisconsin Supreme Court control, abortion access at stake

Control of the Wisconsin Supreme Court, and likely the future of abortion access, Republican-drawn legislative maps and years of GOP policies in the key swing state rests with the outcome an election Tuesday that has seen record campaign spending. The winner of the high-stakes contest between Republican-backed Dan Kelly and Democratic-supported Janet Protasiewicz will determine majority control of the court headed into the 2024 presidential election. The court came within one vote of overturning President Joe Biden’s narrow win in 2020, and both sides expect another close race in 2024. It’s the latest election where abortion rights has been the central issue since the Supreme Court overturned Roe v. Wade last June. It’s also an example of how officially nonpartisan court races have grown into political battles as major legal fights play out at the state level. All of it has fueled spending that will double, and likely triple or more, the previous high of $15.4 million spent on a state court race in Illinois in 2004. Democrats have spent heavily for Protasiewicz and Republicans for Kelly. Democrats are trying to flip control of the court, which has had a majority of conservative justices the past 15 years. That has allowed the court to uphold an array of Republican priorities, including banning absentee ballot drop boxes last year and affirming the 2011 law all-but ending collective bargaining for most public workers.

Monday, March 27, 2023

Supreme Court skeptical of man who offered adult adoptions

The Supreme Court seemed inclined Monday to rule against a man convicted of violating immigration law for offering adult adoptions he falsely claimed would lead to citizenship. Attorneys for Helaman Hansen told the justices during approximately 90 minutes of arguments that the law he was convicted of violating was too broad. But the court’s conservative majority in particular seemed willing to side with the government and conclude that it is not. Justice Neil Gorsuch noted that the law “has been on the books for 70 years” without some of the issues Hansen’s lawyers worried about. He also expressed no sympathy for Hansen himself, who he said was “taking advantage of very vulnerable people.” “He had every intent in the world to keep these people here to take their money with no prospect they’d ever” actually get citizenship, Gorsuch said. The case involves a section of federal immigration law that says a person such as Hansen who “encourages or induces” a non-citizen to come to or remain in the United States illegally can be punished by up to five years in prison. That’s increased to up to 10 years if the person doing the encouraging is doing so for their own financial gain. The federal government says that from 2012 to 2016 Hansen — who lived in Elk Grove, California, near Sacramento — deceived hundreds of non-citizens into believing that he could guarantee them a path to citizenship through adult adoption. Based on Hansen’s promises, officials say, people either came to or stayed in the United States in violation of the law, even though Hansen knew that the adult adoptions he was arranging would not lead to citizenship. The government says at least 471 people paid him between $550 and $10,000 and that in total he collected more than $1.8 million. Hansen was ultimately convicted of encouragement charges as well as fraud charges. He was sentenced to 10 years in prison for the encouragement charges and another 20 years on the fraud charges. But a federal appeals court ruled that the law on encouragement is overbroad and violates the free speech clause of the First Amendment and overturned just those convictions. The court’s three liberal justices seemed more concerned about the reach of the law. Justice Elena Kagan asked “what happens to all the cases” where a lawyer, doctor, neighbor, friend or teacher “says to a non-citizen: ‘I really think you should stay.’” Kagan wanted to know whether those people could or would be prosecuted under the law.

Supreme Court skeptical of man who offered adult adoptions

The Supreme Court seemed inclined Monday to rule against a man convicted of violating immigration law for offering adult adoptions he falsely claimed would lead to citizenship. Attorneys for Helaman Hansen told the justices during approximately 90 minutes of arguments that the law he was convicted of violating was too broad. But the court’s conservative majority in particular seemed willing to side with the government and conclude that it is not. Justice Neil Gorsuch noted that the law “has been on the books for 70 years” without some of the issues Hansen’s lawyers worried about. He also expressed no sympathy for Hansen himself, who he said was “taking advantage of very vulnerable people.” “He had every intent in the world to keep these people here to take their money with no prospect they’d ever” actually get citizenship, Gorsuch said. The case involves a section of federal immigration law that says a person such as Hansen who “encourages or induces” a non-citizen to come to or remain in the United States illegally can be punished by up to five years in prison. That’s increased to up to 10 years if the person doing the encouraging is doing so for their own financial gain. The federal government says that from 2012 to 2016 Hansen — who lived in Elk Grove, California, near Sacramento — deceived hundreds of non-citizens into believing that he could guarantee them a path to citizenship through adult adoption. Based on Hansen’s promises, officials say, people either came to or stayed in the United States in violation of the law, even though Hansen knew that the adult adoptions he was arranging would not lead to citizenship. The government says at least 471 people paid him between $550 and $10,000 and that in total he collected more than $1.8 million. Hansen was ultimately convicted of encouragement charges as well as fraud charges. He was sentenced to 10 years in prison for the encouragement charges and another 20 years on the fraud charges. But a federal appeals court ruled that the law on encouragement is overbroad and violates the free speech clause of the First Amendment and overturned just those convictions. The court’s three liberal justices seemed more concerned about the reach of the law. Justice Elena Kagan asked “what happens to all the cases” where a lawyer, doctor, neighbor, friend or teacher “says to a non-citizen: ‘I really think you should stay.’” Kagan wanted to know whether those people could or would be prosecuted under the law.

Sunday, March 12, 2023

Executive gets 15 months in prison in doomed nuclear project

A former executive utility who gave rosy projections on the progress of two nuclear power plants in South Carolina while they were hopelessly behind will spend 15 months in prison for the doomed project that cost ratepayers billions of dollars. Ex-SCANA Corp. Executive Vice President Stephen Byrne apologized in court Wednesday, saying he thinks about how he let down customers, shareholders, employees, taxpayers and his family almost every day. The two nuclear plants, which never generated a watt of power despite $9 billion of investment, were supposed to be “the crowning achievement of my life,” Byrne said. “But I failed.” Byrne is the second SCANA executive to head to prison for the nuclear debacle. Former CEO Kevin Marsh was sentenced to two years in prison in October 2021 and released earlier in March after serving about 17 months. Two executives at Westinghouse, which was contracted to build the reactors, are also charged. Carl Churchman, who was the company’s top official at the Fairfield County construction site at V.C. Summer, pleaded guilty to perjury and is awaiting sentencing. Former Westinghouse senior vice president Jeff Benjamin faces 16 charges. His trial is scheduled for October. Both defense lawyers and prosecutors agreed to delay Byrne’s prison sentence until he testifies at Benjamin’s trial to make sure he is honest and helpful. But that isn’t in doubt. Prosecutors said Byrne was the first executive to come to investigators after the project was abandoned in July 2017. His careful notes taken in every meeting of who spoke and what was said saved the government years of work unraveling the lies, prosecutor Winston Holliday said.

Sunday, February 26, 2023

Judge OK’s Arizona rancher trial in Mexican migrant killing

An Arizona rancher accused of shooting at a group of migrants on his property near the U.S.-Mexico border, killing one man, will face trial on charges including second-degree murder and aggravated assault, a judge ruled Friday. Santa Cruz County Justice of the Peace Emilio G. Velasquez made his decision following hours of testimony that he said aired a lot of new information about the Jan. 30 shooting, which left Gabriel Cuen-Buitimea, a 48-year-old from Nogales, Mexico, dead on George Alan Kelly’s ranch outside Nogales, Arizona. “Do I think there was some testimony that there might have been some holes on? Yes. I do,” the judge said. “But at the end of the day ... the court does find that the offenses were committed by this defendant and I will be binding this over to Superior Court.” There was no visible reaction from Kelly, who sat with his attorney, Brenna Larkin, during a livestream of the evidentiary hearing in Nogales. The judge said Kelly, 74, can remain free on $1 million bail pending his March 6 arraignment, with restrictions including no contact with witnesses or Cuen-Buitimea’s family and a ban on possessing firearms. Larkin earlier lost a bid to postpone Friday’s hearing after prosecutors lowered Kelly’s charge from a single count of first-degree murder, which would require a finding of premeditated intent to kill and can lead to a sentence of death or life imprisonment.

Saturday, February 11, 2023

Judge: Banning guns for marijuana users unconstitutional

A federal judge in Oklahoma has ruled that a federal law prohibiting people who use marijuana from owning firearms is unconstitutional, the latest challenge to firearms regulations after the U.S. Supreme Court’s conservative majority set new standards for reviewing the nation’s gun laws. Lawyers for Jared Michael Harrison had argued that their client’s Second Amendment right to bear arms was being violated by a federal law that makes it illegal for “unlawful users or addicts of controlled substances” to possess firearms. Harrison had been charged after being arrested by police in Lawton, Oklahoma, in May 2022 following a traffic stop. During a search of his car, police found a loaded revolver as well as marijuana. Harrison told police he had been on his way to work at a medical marijuana dispensary, but that he did not have a state-issued medical-marijuana card. His lawyers had argued the portion of federal firearms law focused on drug users or addicts was not consistent with the nation’s historical tradition of firearm regulation, echoing what the U.S. Supreme Court has ruled last year in a case known as New York State Rifle & Pistol Association v. Bruen. That case set new standards for interpreting the Second Amendment. Federal prosecutors had argued that the portion of the law focused on drug users is “consistent with a longstanding historical tradition in America of disarming presumptively risky persons, namely, felons, the mentally ill, and the intoxicated.” U.S. District Judge Patrick Wyrick in Oklahoma City agreed with Harrison’s lawyers, ruling on Friday that federal prosecutors’ arguments that Harrison’s status as a marijuana user “justifies stripping him of his fundamental right to possess a firearm ... is not a constitutionally permissible means of disarming Harrison.” “But the mere use of marijuana carries none of the characteristics that the Nation’s history and tradition of firearms regulation supports,” said Wyrick, who was appointed by former President Donald Trump. In his ruling, Wyrick highlighted that under Oklahoma law, marijuana can be bought legally at more than 2,000 store fronts in the state. Attorneys for Harrison, as well as the U.S. Attorney’s Office for the Western District of Oklahoma, which was prosecuting the case, did not immediately return emails seeking comment Sunday.

Friday, February 03, 2023

Federal appeals court strikes down domestic violence gun law

A federal appeals court ruled Thursday that the government can’t stop people who have domestic violence restraining orders against them from owning guns — the latest domino to fall after the U.S. Supreme Court’s conservative majority set new standards for reviewing the nation’s gun laws. Police in Texas found a rifle and a pistol at the home of a man who was the subject of a civil protective order that banned him from harassing, stalking or threatening his ex-girlfriend and their child. The order also banned him from having guns. A federal grand jury indicted the man, who pled guilty. He later challenged his indictment, arguing the law that prevented him from owning a gun was unconstitutional. At first, a federal appeals court ruled against him, saying that it was more important for society to keep guns out of the hands of people accused of domestic violence than it was to protect a person’s individual right to own a gun. But then last year, the U.S. Supreme Court issued a new ruling in a case known as New York State Rifle & Pistol Association v. Bruen. That case set new standards for interpreting the Second Amendment by saying the government had to justify gun control laws by showing they are “consistent with the Nation’s historical tradition of firearm regulation.” The appeals court withdrew its original decision and on Thursday decided to vacate the man’s conviction and ruled the federal law banning people subject to domestic violence restraining orders from owning guns was unconstitutional. Specifically, the court ruled that the federal law was an “outlier that our ancestors would never have accepted” — borrowing a quote from the Bruen decision. The decision came from a three-judge panel consisting of Judges Cory Wilson, James Ho and Edith Jones. Wilson and Ho were nominated by former Republican President Donald Trump, while Jones was nominated by former Republican President Ronald Reagan.

Wednesday, January 25, 2023

California Supreme Court dumps triple-slaying death sentence

The California Supreme Court on Monday overturned the murder convictions and death sentence for a man who killed three people and committed a series of other crimes in San Diego in 1985. The court ordered a new trial for Billy Ray Waldon, ruling unanimously that a lower court judge improperly allowed Bill Ray Waldon to represent himself at trial despite testimony at an earlier competency hearing that he suffered from paranoia and a thought disorder impairing his ability to think clearly. The judge overturned a previous decision by another judge who had found Waldon wasn’t competent to represent himself. Authorities said that over a two-week period in December 1985, Waldon shot and killed Dawn Ellerman and set her home on fire, killing her teenage daughter, Erin Ellerman, by smoke inhalation. He also broke into an apartment and robbed and raped the resident, robbed four women of their purses, shot and killed Gordon Wells as he worked on a car and wounded a neighbor who had heard the shots and went to help Wells, authorities said. Waldon was finally arrested six months later. At trial, Waldon claimed federal agents had framed him for the crimes “to thwart his efforts to promote world peace, spread new languages, and advance Cherokee autonomy,” according to the Supreme Court’s ruling. He also claimed CIA agents had monitored him.

Saturday, January 14, 2023

Thousands of Israelis rally against Netanyahu government

Tens of thousands of Israelis gathered in central Tel Aviv on Saturday night to protest plans by Prime Minister Benjamin Netanyahu’s new government to overhaul the legal system and weaken the Supreme Court — a step that critics say will destroy the country’s democratic system of checks and balances. The protest presented an early challenge to Netanyahu and his ultranationalist national security minister, Itamar Ben-Gvir, who has ordered police to take tough action if protesters block roads or display Palestinian flags. Israeli media, citing police, said the crowd at Tel Aviv’s Habima Square had swelled to 80,000 people by 9 p.m. despite cool, rainy weather. Protesters, many covered by umbrellas, held Israeli flags and signs saying “Criminal Government,” “The End of Democracy” and other slogans. There were no immediate reports of unrest. Netanyahu, who is on trial for corruption charges, has made overhauling the country’s legal system a centerpiece of his agenda. In office for just over two weeks, his government has launched proposals to weaken the Supreme Court by giving parliament the power to overturn court decisions with a simple majority vote. It also wants to give parliament control over the appointment of judges and reduce the independence of legal advisers.

Monday, January 02, 2023

State seeks long prison term for accused NYC subway gunman

Prosecutors plan to seek a decades-long prison sentence for a man who is expected to plead guilty this week to opening fire in a subway car and wounding 10 riders in an attack that shocked New York City. Frank James, 63, is scheduled to enter a guilty plea on Tuesday in Brooklyn federal court, admitting that he was responsible for the April 12 attack. It set off a massive 30-hour manhunt that ended when he called the police on himself. Prosecutors told Judge William F. Kuntz II in a letter late last week that they plan to ask him to go beyond the roughly 32-year to 39-year sentence that federal sentencing guidelines would recommend. James planned the attack for years and endangered the lives of dozens of people, prosecutors said in the letter. Defense attorneys did not immediately respond to a request for comment on Monday, when courts were closed to observe the New Year’s holiday. James had been scheduled to stand trial in late February. His lawyers informed the judge on Dec. 21 that James wanted to plead guilty. Prosecutors say he plans to plead guilty to 11 charges without a plea agreement. Ten of those charges — each one corresponding to a specific victim — accuse him of committing a terrorist attack against a mass transportation system carrying passengers and employees. The 11th charge accuses James of discharging a firearm during a violent crime. Kuntz issued an order last week instructing the U.S. Marshals Service to use “all necessary force” to ensure that James shows up at Tuesday’s plea proceeding, noting that James has refused to appear at past hearings. James, who is being held in a federal jail, balked at being taken to a court date in October but then appeared later that day, after Kuntz issued a similar order for him to be forced to court if necessary. In the subway attack, the shooter set off a pair of smoke grenades and then fired a barrage of random shots inside the train, bloodying passengers as it moved between stations. Before the shooting, James, who is Black, posted dozens of videos online in which he ranted about race, violence and his struggles with mental illness. In some, he decried the treatment of Black people and talked about how he was so frustrated, “I should have gotten a gun and just started shooting.”

Wednesday, December 21, 2022

FTX founder could be sent to US after extradition hearing

Sam Bankman-Fried is back in a Bahamian court Wednesday for an extradition hearing that could clear the way for the one-time billionaire to be sent to the U.S. to face criminal charges related to the collapse of cryptocurrency exchange FTX. In a court in Nassau, Bahamas, on Monday, Bankman-Fried’s lawyers said he had agreed to be extradited to the U.S., but the necessary paperwork had not yet been written up. If approved, Bankman-Fried could be on a plane to the U.S. as early as Wednesday afternoon. Bahamian authorities arrested Bankman-Fried last week at the request of the U.S. government. U.S. prosecutors allege he played a central role in the rapid collapse of FTX and hid its problems from the public and investors. The Securities and Exchange Commission said Bankman-Fried illegally used investors’ money to buy real estate on behalf of himself and his family. The 30-year-old could potentially spend the rest of his life in jail. Bankman-Fried was denied bail Friday after a Bahamian judge ruled that he posed a flight risk. The founder and former CEO of FTX, once worth tens of billions of dollars on paper, is being held in the Bahamas’ Fox Hill prison, which has been has been cited by human rights activists as having poor sanitation and as being infested with rats and insects. Once he’s back in the U.S., Bankman-Fried’s attorney will be able to request that he be released on bail.

Sunday, December 04, 2022

German parliament votes to approve EU-Canada trade pact

German lawmakers on Thursday approved a free-trade deal between the European Union and Canada, moving the accord a step closer to taking full effect. The pact, formally known as the Comprehensive Economic and Trade Agreement, or CETA, was signed in late 2016. Most of its terms have been implemented provisionally since 2017, but the parliaments of the EU’s 27 member nations must ratify the deal for -it to come fully into force. Chancellor OIaf Scholz’s three-party coalition moved forward with ratifying it after Germany’s highest court in March rejected complaints against CETA, at least in the form in which it is currently in effect. Lawmakers voted 559-110 to approve the pact. Another 11 EU countries have yet to ratify the deal, Verena Hubertz, a lawmaker with Scholz’s center-left Social Democrats, told parliament’s lower house before the vote. “We are optimistic, now that we are moving forward, that others will also follow very quickly,” she said. “But of course ... this is much too long and much too slow in a globalized world that turns quickly.” Hubertz said Germany had to wait for the court verdict and added that “we have eliminated concerns” about details of a dispute mechanism built into the pact. Conservative opposition lawmakers argued that little or nothing has actually changed and charged that the center-left had held up ratification for ideological reasons. The deal eliminates almost all customs duties and increases quotas for certain key products in Canada and the EU’s respective markets. The EU has said the agreement will save its companies some 600 million euros ($623 million) a year in duties.

Case against former Tucson officer remanded to grand jury

Former Tucson police Officer Ryan Remington, who was indicted on a manslaughter charge in the shooting of a shoplifting suspect, will have his case heard again by a grand jury. Pima County Superior Court Judge Danelle Liwski granted a defense request Friday to remand the case to a grand jury. She agreed with Remington’s attorney that state prosecutors presented misleading statements to an initial panel but did not do so intentionally. The prosecution said Friday that a full and factual picture was presented to the grand jury. Remington was fired in early January for what police determined was excessive use of force. Remington was off duty and working security at a Walmart store when he approached Richard Lee Richards, whom an employee had accused of shoplifting. Authorities said Richards, who was in a mobility scooter, pulled a knife on a worker as he was leaving. Remington allegedly ordered Richards to drop the knife and not to enter another store. Richards ignored the officer before Remington shot him multiple times, and he fell out of his scooter, authorities have said. Remington, who pleaded not guilty to manslaughter, is scheduled to appear in court again in January.

Supreme Court weighs ‘most important case’ on democracy

The Supreme Court is about to confront a new elections case, a Republican-led challenge asking the justices for a novel ruling that could significantly increase the power of state lawmakers over elections for Congress and the presidency. The court is set to hear arguments Wednesday in a case from North Carolina, where Republican efforts to draw congressional districts heavily in their favor were blocked by a Democratic majority on the state Supreme Court because the GOP map violated the state constitution. A court-drawn map produced seven seats for each party in last month’s midterm elections in highly competitive North Carolina. The question for the justices is whether the U.S. Constitution’s provision giving state legislatures the power to make the rules about the “times, places and manner” of congressional elections cuts state courts out of the process. “This is the single most important case on American democracy — and for American democracy — in the nation’s history,” said former federal judge Michael Luttig, a prominent conservative who has joined the legal team defending the North Carolina court decision.

Friday, November 11, 2022

Montana vote adds to win streak for abortion rights backers

Abortion rights supporters secured another win Thursday as voters in Montana rejected a ballot measure that would have forced medical workers to intercede in the rare case of a baby born after an attempted abortion. The result caps a string of ballot defeats, months after the Supreme Court’s decision overturning Roe v. Wade galvanized abortion-rights voters. Michigan, California and Vermont voted to enshrine abortion rights in their state constitutions, and Kentucky voters rejected an anti-abortion amendment in a tally that echoed a similar August vote in Kansas. Abortion rights groups said the outcomes show that voters across the political spectrum support access to abortion, even after a dozen Republican-governed states legislatures adopted near-total bans in the wake of the Roe decision. Anti-abortion groups, on the other hand, say they were outspent in the state races and point out anti-abortion candidate victories. Like voters nationwide, only about 1 in 10 voters in California, Michigan, Montana Kentucky or Vermont said abortion should generally be illegal in all cases, according to AP VoteCast. The Montana ballot measure would have raised the prospect of criminal charges carrying up to 20 years in prison for health-care providers unless they take “all medically appropriate and reasonable actions to preserve the life” of an infant born alive, including in the rare case of a birth after an abortion. Doctors and other opponents argued the law could keep parents of babies born with incurable diseases from spending peaceful moments with their infants if doctors were forced to attempt treatment.

Saturday, October 29, 2022

Federal judge rules in favor of bikini baristas over dress

A Washington city’s dress code ordinance saying bikini baristas must cover their bodies at work has been ruled unconstitutional by a federal court. The decision in a partial summary judgment this week comes after a lengthy legal battle between bikini baristas and the city of Everett over the rights of workers to wear what they want, the Everett Herald reported. Everett is about 30 miles (50 kilometers) north of Seattle. U.S. District Court in Seattle found Everett’s dress code ordinance violated the Equal Protection clauses of the U.S. and Washington state constitutions. The Court found that the ordinance was, at least in part, shaped by a gender-based discriminatory purpose, according to a 19-page ruling signed by U.S. District Judge Ricardo S. Martinez. It is difficult to imagine, the court wrote, how the ordinance would be equally applied to men and women in practice because it prohibits clothing “typically worn by women rather than men,” including midriff and scoop-back shirts, as well as bikinis. Bikini baristas were “clearly” a target of the ordinance, the court also ruled, adding that the profession is comprised of a workforce that is almost entirely women. In 2017, the city enacted its dress code ordinance, requiring all employees, owners and operators of “quick service facilities” to wear clothing that covers the upper and lower body. The ordinance listed coffee stands, fast food restaurants, delis, food trucks and coffee shops as examples of quick service businesses. The owner of Everett bikini barista stand Hillbilly Hotties and some employees filed a legal complaint challenging the constitutionality of the dress code ordinance. They also challenged the city’s lewd conduct ordinance, but the court dismissed all the baristas’ claims but the dress code question. The court directed the city of Everett to meet with the plaintiffs within 14 days to discuss next steps.

Sunday, October 23, 2022

Baton Rouge judge suspended for abusing power

The Louisiana Supreme Court has suspended a Baton Rouge judge without pay for 180 days for abusing her power to hold people in contempt. East Baton Rouge Parish Family Court Judge Charlene Charet Day, who has held the seat since 2011, violated the law when she issued a bench warrant that resulted in a teacher being arrested at the school where she works, the high court ruled Friday. The Louisiana Judiciary Commission, which investigates complaints of judicial conduct, recommended the six-month suspension in July, finding that Day violated rules of conduct and committed “willful misconduct” when she locked up litigants for contempt of court. Day was directed to pay the commission a $6,260 fine. The justices unanimously agreed that a suspension was warranted, though one thought a less-severe penalty was required, The Advocate reported. “Judge Day’s conduct harmed the integrity of and respect for the judiciary,” Justice William Crain wrote in the prevailing opinion. “When a judge abuses the immense power to deprive a person of their liberty, it has a profound effect on public confidence in the judiciary.”

Saturday, October 15, 2022

Judge gauges if Indiana abortion ban defies religious rights

A top Indiana lawyer on Friday questioned the validity of a lawsuit brought by a group of residents who argue that the state’s abortion ban violates their religious freedoms. A judge heard arguments Friday for about an hour in an Indianapolis courtroom, spurred by claims from five anonymous residents — who hold Jewish, Muslim and spiritual faiths — and the group Hoosier Jews for Choice. They argue the ban — which is currently blocked due to a separate lawsuit — violates their religious rights regarding when they believe abortion is acceptable. The lawsuit says the ban violates the Jewish teaching that “a fetus attains the status of a living person only at birth” and that “Jewish law stresses the necessity of protecting the life and physical and mental health of the mother prior to birth.” It also cites theological teachings allowing abortion in at least some circumstances by Islamic, Episcopal, Unitarian Universalist and pagan faiths. “The state simply cannot decree what is religious and what is secular,” Ken Falk, the American Civil Liberties Union of Indiana’s legal director, said Friday. Filed in Marion County court, the religious freedom lawsuit is the second of two challenges against the ban filed by the ACLU. It cites a state law that then-Gov. Mike Pence signed in 2015 to prohibit any laws that “substantially burden” a person’s ability to follow their religious beliefs. Critics have decried the Republican-backed measure as a thinly disguised attempt to permit discrimination against gay people.

Saturday, October 08, 2022

Court rejects request to rehear gender dysphoria case

A federal appeals court on Friday denied a request to rehear a case that found that gender dysphoria is a condition covered by the Americans with Disabilities Act. In August, a three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals became the first federal appellate court in the country to find that the landmark federal law protects people with gender dysphoria, a condition that causes anguish and other symptoms as a result of a disparity between a person’s gender identity and their assigned sex at birth. The decision came in the case of Kesha Williams, a transgender woman who sued the Fairfax County sheriff in Virginia for housing her in a jail with men under a policy that inmates must be classified according to their genitals. In her lawsuit, Williams said that she was harassed and that her prescribed hormone medication was repeatedly delayed or skipped, violating the Americans with Disabilities Act. A federal judge granted a motion by the sheriff’s office to dismiss the lawsuit, but the 4th Circuit panel reversed that ruling, finding there is a distinction between gender identity disorder and gender dysphoria. The modern diagnosis of gender dysphoria “affirms that a transgender person’s medical needs are just as deserving of treatment and protection as anyone else’s,” Judge Diana Gribbon Motz wrote in the opinion.

Monday, September 26, 2022

Judge won’t toss suit over Delaware court political balance

A federal judge has refused to dismiss a lawsuit against Democratic Gov. John Carney over Delaware’s requirement for political balance on its courts. Friday’s ruling is the latest in a long-running legal battle over a “major-party” provision in Delaware’s constitution under which judicial appointments to the state’s three highest courts are split between Republicans and Democrats. The Supreme Court, Court of Chancery and Superior Court are subject to a separate “bare majority” provision that also applies to Family Court and the Court of Common Pleas. That provision says no more than a bare majority of judges on those courts can be affiliated with a single political party. The result of the major-party provision is that any person not affiliated with either the Republican or Democratic Party is unable serve on the Supreme Court, Superior Court or Court of Chancery. Wilmington lawyer James Adams, a former Democrat who is now an unaffiliated voter, claims that the provision violates his First and Fourteenth Amendment rights by barring him from being considered for a judgeship on the Superior Court, a position for which he has twice applied and been rejected. Judge Maryellen Noreika ruled Friday that Adams had legal standing to challenge the major-party provision and denied the governor’s motion to dismiss the lawsuit.

Monday, September 19, 2022

Court rules for officer in Oklahoma teen’s death lawsuit

An appeals court ruling could mean the end of a federal lawsuit filed by the parents of a Black teenager who was naked and unarmed when he was shot and killed by suburban Oklahoma City police in 2019. Police said 17-year-old Isaiah Lewis was naked when he broke into an Edmond home in April 2019 and attacked two officers. He was fatally shot after a stun gun didn’t stop him, Edmond police said. Attorneys for Lewis’ parents said the teenager was experiencing a mental breakdown when the officers “unjustifiably” shot him. But a three-judge panel of the 10th U.S. Circuit Court of Appeals in Denver on Friday ruled in favor of Officer Denton Scherman, who fired the fatal shots, saying he was entitled to qualified immunity for his actions, the Oklahoman reported on Saturday. Attorneys for Lewis’ parents could ask the full appeals court to reconsider the ruling. An autopsy found Lewis sustained gunshot wounds to his face, thighs and groin. Toxicology tests showed he had detectable amounts of a common antihistamine called diphenhydramine and THC, the active ingredient of marijuana, in his system.

Tuesday, September 13, 2022

Court rehears fight over vaccine mandate for federal workers

President Joe Biden has the same authority to impose a COVID-19 vaccine requirement on federal workers that private employers have for their employees, an administration lawyer told a federal appeals court Tuesday. A lawyer for opponents of the vaccine requirement, which has been blocked nationwide by a federal judge in Texas, said the requirement imposes an “unconstitutionally intolerable choice” for executive branch workers — taking a vaccine they don’t want or losing their jobs. Judges on the appeals court meanwhile questioned how far the chief executive’s authority goes, asking, theoretically, whether the president could require employees to meet certain healthy body weights or forbid them from smoking at home. It was the second time arguments on the issue were heard before the 5th U.S. Circuit Court of Appeals. A three-judge panel of the same court had upheld the Biden requirement for executive branch workers, overturning the Texas judge. But the full appeals court, currently with 16 active members, vacated the panel ruling and agreed to rehear the case. There was no indication when the court would rule. Administration lawyers argue that the employees opposing the mandate should have taken their objections not to federal court but to a federal review board, in accordance with the Civil Service Reform Act. The administration also argues that the president has the same authority, under the Constitution, as the CEO of a private corporation to require that employees be vaccinated.

Friday, September 02, 2022

Court okays grand jury probe in school sex assaults

An attempt by the Loudoun County School Board to shut down a grand jury investigating the school system’s handling of two sexual assaults was rejected Friday by the Supreme Court of Virginia. The high court upheld a ruling in July by a circuit court judge who denied the school board’s request for an injunction to stop the grand jury from proceeding. The board argued that a special grand jury empaneled by Attorney General Jason Miyares is politically motivated and violates the mandate in the Virginia constitution giving local school boards authority over educational affairs. Miyares maintains that the grand jury is needed to uncover why the school system allowed a boy who had been accused of sexually assaulting a girl in one high school to transfer to another high school, where he was convicted of sexually assaulting a second girl. Miyares empaneled the grand jury after Virginia Gov. Glenn Youngkin, on his first day in office, issued an executive order requesting an investigation by the attorney general’s office. Youngkin and Miyares, both Republicans, had criticized the school board during their successful 2021 campaigns. They said the board was not transparent in how it handled the case as it revised its guidelines over policies governing transgender students. The assaults attracted national attention in part because the boy was wearing a skirt when he committed at least one of the attacks. The boy was later convicted in juvenile court.

Thursday, August 18, 2022

Google workers demand abortion protections, data privacy

Hundreds of Google employees are petitioning the company to extend its abortion healthcare benefits to contract workers and to strengthen privacy protections for Google users searching for abortion information online. Google parent company Alphabet had pledged to pay travel and other health care costs for employees seeking an out-of-state abortion and to help some workers relocate after the U.S. Supreme Court repealed the constitutional right to an abortion. The June decision overturning 1973′s Roe v. Wade ruling has paved the way for severe abortion restrictions or bans in nearly half of the U.S. states. The benefits for abortion services offered by Google and other tech companies don’t cover contract workforces, which are common in the tech industry and often get paid less and have fewer perks than full-time employees. A letter signed by more than 650 employees and sent this week to Google CEO Sundar Pichai and other Alphabet executives calls for the inclusion of contractors in those benefits. It also demands that the company cease any political donations or lobbying of politicians or organizations “responsible for appointing the Supreme Court justices who overturned Roe v. Wade and continue to infringe on other human rights issues related to voting access and gun control.” The employees seek additional protection for Google users, such as by blocking advertisements that misleadingly direct users to anti-abortion “pregnancy crisis” centers. The petition was organized by members of the Alphabet Workers Union, a labor union that’s been trying to gain traction inside the company. Google declined to comment about the petition Thursday. The company said in July it would start automatically purging information about users who visit abortion clinics or other places that could trigger legal problems. Users have always had the option to edit their location histories on their own, but Google said it will proactively do it for them as an added level of protection. The employees’ petition said the company should also institute immediate data privacy controls for all health-related activity, including abortion information, so that it “must never be saved, handed over to law enforcement, or treated as a crime.”

Monday, August 08, 2022

Ex-Manchester United star Ryan Giggs starts assault trial

Former Manchester United star Ryan Giggs, adored by fans throughout a 24-year career, has a more sinister side to his character, prosecutors said Monday as he went on trial on charges of assault and use of coercive behavior against an ex-girlfriend. Prosecutor Peter Wright told the jury at Minshull Street Crown Court in Manchester that while Giggs’ soccer skills were a thing of beauty, his off-field life was very different. “In the privacy of his own personal life at home or behind closed doors, there was, we say the facts reveal, a much uglier and more sinister side to his character,” Wright told the jury. “This was a private life that involved a litany of abuse, both physical and psychological, of a woman he professed to love.” The 48-year-old Giggs is accused of assaulting Kate Greville, 36, and causing actual bodily harm at his home in Worsley, greater Manchester in November 2020. He is also charged with common assault of Greville’s younger sister during the same incident, as well as using controlling and coercive behavior toward his former girlfriend between August 2017 and November 2020. Giggs has denied all of the charges. He stood down as manager of the Wales national team in June, saying he didn’t want to jeopardize preparations for the World Cup later this year in Qatar. He had been on leave since November.

Friday, July 22, 2022

Louisiana seeks suspension of block on enforcement

A day after a state judge blocked enforcement of Louisiana’s abortion ban, state officials asked the same judge to suspend his own ruling while they pursue an appeal. Lawyers for state Attorney General Jeff Landry and health secretary Courtney Phillips filed the request Friday in Baton Rouge. They want Judge Donald Johnson to suspend his ruling and allow enforcement of a ban that was put into state law in anticipation of the U.S. Supreme Court’s June 24 ruling reversing abortion rights. The Friday morning filing indicates the state plans to take the case to the 1st Circuit Court of Appeal in Baton Rouge. Johnson’s Thursday ruling, a preliminary injunction blocking enforcement, came in a lawsuit filed by a north Louisiana abortion clinic and members of the Medical Students for Choice organization, who argue that the law’s provisions are contradictory and unconstitutionally vague. The ruling, which followed an earlier temporary enforcement block, meant clinics in Shreveport, Baton Rouge and New Orleans could provide abortions while the lawsuit continues. Landry has predicted that the case will wind up at the Louisiana Supreme Court.

Sunday, July 10, 2022

Court: Health care workers in lawsuit must reveal identities

Nine health care workers who sued Democratic Maine Gov. Janet Mills over the state’s COVID-19 vaccine mandate have until Money to reveal their identities. The workers have so far remained anonymous, but on Thursday, a federal appeals court in Boston rejected a motion by the workers and gave them until Friday to file an amended complaint with their names, the Portland Press-Herald reported. The plaintiffs were later given an extension until Monday. Attorneys for Liberty Counsel, a law firm representing the health care workers, said in a court filing Friday that the one-day extension is needed to give lawyers time to speak with each plaintiff about whether they want to move forward with the lawsuit. The plaintiffs filed their complaint in federal court last August, before the state’s COVID-19 vaccine mandate for health care workers at Maine care facilities went into effect on Oct. 20, 2021. In the complaint the workers argued that it was their religious right to refuse the vaccine over their belief that fetal stem cells from abortions are used to develop the vaccines. Maine’s vaccine mandate does not allow for religious exemptions. The lawsuit prompted several Maine newspapers, including the Portland Press Herald, to intervene in an effort to force the plaintiffs to be identified.

Tuesday, July 05, 2022

Judge holds hearing on challenge of Mississippi abortion law

A judge held a hearing Tuesday but didn’t say how she would decide a lawsuit filed by Mississippi’s only abortion clinic, which is trying to remain open by blocking a law that would ban most abortions in the state. The law — which state lawmakers passed before the U.S. Supreme Court overturned the 1973 ruling that allowed abortions nationwide — is set to take effect Thursday. The Jackson Women’s Health Organization sought a temporary restraining order that would allow it to remain open, at least while the lawsuit remains in court. The closely watched lawsuit is part of a flurry of activity that has occurred nationwide since the Supreme Court ruled. Conservative states have moved to halt or limit abortions while others have sought to ensure abortion rights, all as some women try to obtain the medical procedure against the changing legal landscape. Meanwhile a Florida judge on Tuesday temporarily blocked a new 15-week abortion ban days after it took effect in the state, an expected move following an oral ruling last week in which he said the law violated the state constitution.

Thursday, June 16, 2022

Alabama Supreme Court sets execution date for inmate

The Alabama Supreme Court has set an execution date of July 28 for a man convicted of killing his one-time girlfriend after breaking into her home in Jefferson County almost three decades ago, according to a court order made public Monday. Joe Nathan James Jr. would become the second Alabama inmate put to death this year unless a court intervenes. James, 49, was sentenced to die after being convicted of capital murder during a burglary in the killing of his one-time girlfriend, Faith Hall, in Birmingham. James, who had a history of stalking and harassing the woman, showed up at her apartment on Aug. 15, 1994, forced his way inside and accused her of unfaithfulness, court documents show. James pulled a gun out of his waistband and shot the woman, who died of multiple gunshot wounds, and James was later arrested in California. A Jefferson County jury convicted James of capital murder in 1996 and voted to recommend the death penalty, which a judge imposed. The conviction was overturned when the Alabama Court of Criminal Appeals ruled that a judge wrongly admitted some police reports into evidence.

Tuesday, June 07, 2022

Indiana court strikes down emergency law fought by governor

The Indiana Supreme Court on Friday threw out a law that gave state legislators increased power to intervene during public health emergencies, agreeing with arguments from Republican Gov. Eric Holcomb that the move violated the state constitution. The court’s unanimous decision settles a legal fight that began more than a year ago when Holcomb sued over a law that was a response to his efforts to deal with the COVID-19 pandemic. The new law gave legislative leaders authority to call the General Assembly into an “emergency session” if the governor declares a statewide emergency. The GOP-dominated Legislature approved it over Holcomb’s veto. Holcomb’s lawyers contended that the state constitution allows only the governor to call the Legislature into meetings for consideration of new laws outside of its annual sessions that begin in early January and adjourn by the end of April. Chief Justice Loretta Rush agreed, writing for the five-justice court that Holcomb’s attorneys had “satisfied the high burden required to establish that the law is unconstitutional.” “Under our Constitution, the General Assembly simply cannot do what the challenged law permits absent a constitutional amendment,” Rush added. Holcomb said in a statement that the battle over the law had raised “important procedural, statutory and Constitutional questions that only the courts could answer.” “Today, the Indiana Supreme Court has provided clarity and finality on these important issues,” he said. The high court’s ruling came after a Marion County judge sided with the Legislature in October.