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Supreme Court considers suit over 2001 detention of Muslims
Court Line News | 2017/01/16 17:58
Ahmer Abbasi speaks softly as he describes the strip searches, the extra shoves, the curses that he endured in a federal jail in Brooklyn following the Sept. 11 attacks.

"I don't think I deserved it," Abbasi said during a telephone interview with The Associated Press from his home in Karachi, Pakistan.

Abbasi's quiet, matter-of-fact tone belies his determination, even after 15 years, to seek justice in American courts — provided the Supreme Court will let him.

The justices on Wednesday are hearing an appeal from former Attorney General John Ashcroft, former FBI Director Robert Mueller and other former U.S. officials that seeks to shut down the lawsuit that human rights lawyers have filed on behalf of Abbasi and others over their harsh treatment and prolonged detention.

"Somebody has to be accountable, somebody has to be responsible," said Abbasi, 42, who works in real estate in Pakistan.

The former officials, including the top immigration enforcement officer and the warden and deputy warden at the New York City jail, say it should not be them.

"Senior government officials should not be regularly second-guessed by lawsuits seeking money damages from them in their personal capacity," said Richard Samp, chief counsel at the Washington Legal Foundation and author of a brief from four former attorneys general.

Abbasi was among more than 80 men who were picked up in the days and weeks following Sept. 11 on immigration violations. Until then, he said he had been "living the American dream" since coming from Pakistan in 1993. He was living in Jersey City, New Jersey, across the river from Manhattan and driving a taxi in New York.



Gambia's leader says only court can declare who's president
Headline Legal News | 2017/01/11 16:40
Gambia's outgoing President Yahya Jammeh is criticizing foreign pressure for him to step down and calling on Gambians to wait for a Supreme Court decision to determine the credibility of the Dec. 1 elections that he lost.

On Tuesday, thousands of supporters of Jammeh's Alliance for Patriotic Reorientation and Construction gathered around a Supreme Court hearing, pushing for the annulment of the election outcome. The Supreme Court, with only one sitting member, adjourned until Monday but said it likely cannot hear the petition filed by the party until May, when the Nigeria and Sierra Leone judges appointed by Jammeh are available.

The delay creates uncertainty that many fear could turn to violence. Jammeh at first conceded defeat to opposition coalition candidate Adama Barrow but later called for a new vote, saying the Dec. 1 elections had irregularities.

The coalition has said it plans to move forward with Barrow's inauguration on Jan. 19, at the end of Jammeh's mandate, and the United Nations, European Union and West African bloc have called on Jammeh to respect the election and step down from power.

"Only the Supreme Court can declare anyone a president. So I ask anyone of us to respect the supreme law of the republic and await the Supreme Court review on the election result," said Jammeh in a late Tuesday address on state-run TV.

The incumbent criticized interference from other countries, including those of the Economic Community of West African States, which on Friday will send a delegation to try to persuade Jammeh to step down.



Supreme Court temporarily blocks new NC districts, elections
Lawyer Media News | 2017/01/11 16:40
The U.S. Supreme Court on Tuesday temporarily blocked a lower court ruling that had directed North Carolina legislators to redraw state legislative districts by March 15 and hold special elections within the altered districts this fall.

The court order granted the request of North Carolina Republican legislative leaders and state officials to delay November's ruling by a three-judge panel. The panel last summer threw out 28 state House and Senate districts as illegal racial gerrymanders.

The Supreme Court says its order will stay in place at least until the court decides whether to hear an appeal the state previously requested. If the justices take up the case, the stay will remain in effect pending a decision.

If no special elections are required, the next round of General Assembly elections would be held in late 2018. The GOP currently holds majorities large enough to override any vetoes by newly installed Democratic Gov. Roy Cooper. Special elections could give Democrats a chance to narrow those margins and give leverage to Cooper.

The delay comes in an atmosphere of intense political division in the state: On Tuesday, the governor expanded the scope of a lawsuit he previously had filed seeking to overturn laws GOP legislators passed to limit his powers just two weeks before he was sworn in.

The voters who sued over the maps alleged that Republican lawmakers drew the boundaries to create more predominantly white and Republican districts by effectively cramming black voters into adjacent Democratic districts. GOP lawmakers said the majority-black districts were drawn to protect them against lawsuits alleging they violated the U.S. Voting Rights Act.


High Court won't hear appeal over Backpage.com escort ads
Court Line News | 2017/01/10 16:41
The Supreme Court said Monday it won't hear an appeal from three sex trafficking victims who accuse advertising website Backpage.com of helping to promote the exploitation of children.

The justices left in place a lower court ruling that said federal law shields Backpage from liability because the site is just hosting content created by people who use it.

The women say they were sold as prostitutes in Massachusetts and Rhode Island through advertisements for escort services on the site when they were as young as 15. They say Backpage is not protected by the Communications Decency Act because the company not only hosted the ads, but created a marketplace that makes child sex trafficking easier. Backpage has denied those allegations.



Supreme Court won’t hear Giordano appeal in child-sex case
Topics in Legal News | 2017/01/10 16:41
The U.S. Supreme Court has again refused to hear an appeal by former Waterbury Mayor Philip Giordano, who is fighting a 37-year prison sentence for sexually abusing two young girls while in office.

The court’s decision was released Monday. Justices previously refused to hear two earlier appeals by Giordano.

Giordano was challenging a federal appeals court decision in June to dismiss his request to set aside or correct his sentence. Giordano says the prison sentence is unconstitutional and his lawyer during his 2003 trial, Andrew Bowman, made several mistakes.

Bowman has denied that he provided ineffective counsel.

A federal jury convicted Giordano in 2003 of violating the civil rights of two girls, ages 8 and 10, by sexually abusing them in the mayor’s office and other locations.

Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Supreme Court rejects appeal from flight-sharing company
Legal News | 2017/01/09 16:41
The Supreme Court won't hear an appeal from a company that wants to offer flight-sharing services using a model similar to Uber.

The justices on Monday left in place a lower court ruling that said Boston-based Flytenow could not operate a website that connected private pilots with passengers willing to share fuel costs and other flight expenses.

The Federal Aviation Administration shut down the website in 2015 after finding that the service violated flight regulations.

Cost-sharing arrangements have long been allowed through word of mouth, bulletin boards and email. But the FAA said using a website was like advertising and subjected those pilots to the same elaborate safety regulations as commercial airlines.

Flytenow argued that it was applying modern technology to a practice that has been around for decades.



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