|
|
|
Supreme Court won't disturb ruling against anti-homeless law
Court Line News |
2019/12/17 09:21
|
The U.S. Supreme Court on Monday left a lower court ruling in place that struck down a law making it a crime to sleep in public places when homeless shelter space is unavailable.
A federal appeals court had ruled that the anti-camping ordinance in Boise, Idaho, was cruel and unusual punishment, violating the Constitution's Eighth Amendment. "A state may not criminalize conduct that is an unavoidable consequence of being homeless," the appeals court said.
The Supreme Court denied Boise's appeal Monday without comment, as is its normal practice when declining to grant reviews.
Lawyers for the city argued that Boise wanted to enforce the ordinance "in the parks, foothills, and other public areas not just to keep them safe and sanitary but also to allow users to utilize the public spaces as they were intended to be used." Supporters of the law said people sleeping on the streets are unsafe and make residents feel less safe.
|
|
|
|
|
|
|
World trade without rules? US shuts down WTO appeals court
Court Line News |
2019/12/09 13:26
|
Global commerce will lose its ultimate umpire Tuesday, leaving countries unable to reach a final resolution of disputes at the World Trade Organization and instead facing what critics call “the law of the jungle.’’
The United States, under a president who favors a go-it-alone approach to economics and diplomacy, appears to prefer it that way.
The terms of two of the last three judges on the WTO’s appellate body neared their end at midnight Tuesday. Their departure will deprive the de facto Supreme Court of world trade of its ability to issue rulings.
Among the disputes left in limbo are seven cases that have been brought against Trump’s decision last year to declare foreign steel and aluminum a threat to U.S. national security and to hit them with import taxes.
The WTO’s lower court ? its dispute settlement body ? can hear cases. But its decisions will go nowhere if the loser appeals to a higher court that is no longer functioning.
Without having to worry about rebukes from the WTO, countries could use tariffs and other sanctions to limit imports. Such rising protectionism could create uncertainty and discourage trade.
“We are in a crisis moment for our global trading system,’’ said U.S. Rep. Stephanie Murphy, D-Fla, who sits on the House Ways and Means subcommittee on trade. “As of tomorrow, the court will cease to exist.’’
The loss of a global trade court of final appeals, Murphy said, is “really dangerous for American businesses.’’
The panel is supposed to have seven judges. But their ranks have dwindled because the United States ? under Presidents George W. Bush, Barack Obama and Trump ? has blocked new appointments to protest the way the WTO does business. |
|
|
|
|
|
|
Supreme Court lets Sandy Hook shooting lawsuit go forward
Court Line News |
2019/11/17 19:01
|
The Supreme Court said Tuesday that a survivor and relatives of victims of the Sandy Hook Elementary School shooting can pursue their lawsuit against the maker of the rifle used to kill 26 people.
The justices rejected an appeal from Remington Arms, which argued it should be shielded by a 2005 federal law preventing most lawsuits against firearms manufacturers when their products are used in crimes.
The case is being watched by gun control advocates, gun rights supporters and gun manufacturers across the country because it has the potential to provide a roadmap for victims of other mass shootings to circumvent the federal law and sue the makers of firearms.
The court’s order allows the lawsuit filed in Connecticut state court by a survivor and relatives of nine victims who died at the Newtown, Connecticut, school on Dec. 14, 2012, to go forward.
The lawsuit says the Madison, North Carolina-based company should never have sold a weapon as dangerous as the Bushmaster AR-15-style rifle to the general public. It also alleges Remington targeted younger, at-risk males in marketing and product placement in violent video games. Opponents of the suit contend that gunman Adam Lanza alone is responsible for killing 20 first graders and six educators. He was 20 years old.
The Connecticut Supreme Court had earlier ruled 4-3 that the lawsuit could proceed for now, citing an exemption in the federal law. The decision overturned a ruling by a trial court judge who dismissed the lawsuit based on the 2005 federal law, named the Protection of Lawful Commerce in Arms Act.
The majority of justices in the state Supreme Court ruling, however, said it may be a “Herculean task” for the families to prove their case at trial.
The federal law has been criticized by gun control advocates as being too favorable to gun-makers. It has been cited by other courts that rejected lawsuits against gun-makers and dealers in other high-profile shooting attacks, including the 2012 Colorado movie theater shooting and the Washington, D.C., sniper shootings in 2002. |
|
|
|
|
|
|
Court to hear appeal of Jodi Arias' murder conviction
Court Line News |
2019/10/17 20:38
|
Lawyers are scheduled to make arguments Thursday before the Arizona Court of Appeals as Jodi Arias seeks to overturn her murder conviction in the 2008 death of her former boyfriend.
Arias argues a prosecutor's misconduct and a judge's failure to control news coverage during the case deprived her of the right to a fair trial.
A lawyer defending the conviction on behalf of the state said overwhelming evidence of Arias' guilt should outweigh mistakes that were made by the prosecutor who won the case.
Arias, who will not be in the courtroom during her appellate hearing, is serving a life sentence for her first-degree murder conviction in the death of Travis Alexander at his home in Mesa.
Prosecutors said Arias violently attacked Alexander in a jealous rage after he wanted to end their affair and planned a trip to Mexico with another woman. Arias has acknowledged killing Alexander but claimed it was self-defense after he attacked her.
The guilt phase of Arias' trial ended in 2013 with jurors convicting her but deadlocking on punishment. A second sentencing trial ended in early 2015 with another jury deadlock, leading a judge to sentence Arias to prison for life.
The case turned into a media circus as salacious and violent details about Arias and Alexander were broadcast live around the world. |
|
|
|
|
|
|
Appeals Court to Hold Rehearing on Trump Hotel Lawsuit
Court Line News |
2019/10/13 20:38
|
A federal appeals court will reconsider a ruling from a three-judge panel that threw out a lawsuit accusing President Donald Trump of illegally profiting off the presidency through his luxury Washington hotel.
The Richmond-based 4th U.S. Circuit Court of Appeals agreed to hold a hearing before the full court of 15 judges. Arguments are scheduled for Dec. 12.
In a 2017 lawsuit, the state of Maryland and the District of Columbia accused Trump of violating the emoluments clause of the U.S. Constitution by accepting profits through foreign and domestic officials who stay at the Trump International Hotel.
A federal judge in Maryland ruled that the lawsuit could move forward.
But a three-judge panel of the 4th Circuit overturned that ruling in July, handing the president a significant legal victory. All three judges were nominated by Republican presidents. |
|
|
|
|
|
|
High Court overturns city mandate on construction projects
Court Line News |
2019/09/16 23:31
|
A divided Ohio Supreme Court has upheld a state law invalidating a Cleveland requirement that public construction contractors hire city residents for a portion of work on projects.
A 2003 Cleveland ordinance mandates that residents must perform 20% of the total hours on public construction projects over $100,000.
The GOP-controlled Legislature approved a bill in 2016 stripping local governments of the ability to impose such residency requirements on contractors. The high court on Tuesday sided with the state in a 4-3 decision.
Mayor Frank Jackson says the city will ask the Court to reconsider the ruling immediately.
Cleveland City Council President Kevin Kelley says the ruling is an attack on "the ability of cities to help life people out of poverty and establish careers.
Supreme Court ruling clear, but Brexit future still murky
The landmark British Supreme Court ruling that Prime Minister Boris Johnson's suspension of Parliament was unlawful did not deal directly with plans for Britain's anticipated departure from the European Union. Brexit will however be top of the agenda in Parliament now that lawmakers have returned.
As things stand, Britain is scheduled to leave the EU on Oct. 31 unless the British government requests an extension and the other 27 EU countries agree to a further delay.
However, Parliament passed a bill earlier this month before Johnson suspended Parliament requiring the prime minister to seek a three-month extension if no withdrawal agreement has been reached with the EU by Oct. 19.
Johnson insists that he is pursuing a deal with the EU, but has repeatedly said that if there is no deal, he will take Britain out of the EU on the scheduled Brexit date rather than request an extension.
For most economists, including those in government and the Bank of England, a no-deal Brexit would trigger a recession as trade barriers, including tariffs, are put up between Britain and the EU. There's also a widespread expectation that there will be gridlock at Britain's ports, and shortages of some food and medicine. |
|
|
|
|
|
Legal News RSS Feed
