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High court won't hear abortion clinic 'buffer zone' cases
Headline Legal News |
2020/07/02 21:45
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The Supreme Court on Thursday turned away pleas from anti-abortion activists to make it easier for them to protest outside clinics, declining to wade back into the abortion debate just days after striking down a Louisiana law regulating abortion clinics.
The justices said in a written order that they would not hear cases from Chicago and Harrisburg, Pennsylvania, where anti-abortion activists had challenged ordinances that restrict their behavior outside clinics.
As is usual, the justices did not comment in turning away the cases. The order from the court noted Justice Clarence Thomas would have heard the Chicago case.
The Supreme Court has since the late 1990s heard several cases involving demonstration-free zones, called buffer zones, outside abortion clinics. Most recently, in 2014, the justices unanimously struck down a law that created a 35-foot protest-free zone outside Massachusetts abortion clinics. The court said Massachusetts’ law, which made it a crime to stand in the protest-free zone for most people not entering or exiting the clinic or passing by, was an unconstitutional restraint on the free-speech rights of protesters.
On Thursday, one of the two cases the court declined to take up involved an ordinance passed by the city counsel in Harrisburg, Pennsylvania's capital, in 2012 that made it illegal to “congregate, patrol, picket or demonstrate” in a zone 20 feet from a health care facility. Anti-abortion activists sued, arguing that the ordinance violates their free speech rights. Lower courts have upheld the ordinance, however, ruling it doesn't apply to “sidewalk counseling,” where individuals who oppose abortion offer assistance and information about alternatives to abortion to those entering a clinic. |
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Roberts a pivotal vote in the Supreme Court's big opinions
Headline Legal News |
2020/07/01 21:46
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The biggest cases of the Supreme Court term so far have a surprising common thread. On a court with five Republican appointees, the liberal justices have been in the majority in rulings that make workplace discrimination against gay and transgender people illegal, protect young immigrants from deportation and, as of Monday, struck down a Louisiana law that restricted abortion providers.
As surprising, Chief Justice John Roberts, a conservative nominated by President George W. Bush who has led the court for nearly 15 years, has joined his liberal colleagues in all three. Since the retirement of Justice Anthony Kennedy in 2018, Roberts has played a pivotal role in determining how far the court will go in cases where the court's four liberals and four conservatives are closely divided.
Here's a look at where Roberts stood in the abortion, immigration and LGBT cases, his history on the court and what's at stake in coming decisions in which Roberts could play a key role:
On Monday, Roberts joined liberal justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan in striking down Louisiana's Act 620. The justices ruled that the law requiring doctors who perform abortions to have admitting privileges at nearby hospitals violates the abortion rights the court first announced in the landmark 1973 Roe v. Wade decision.
But Roberts' reason for siding with the liberals had less to do with his feelings on abortion than with his feelings on whether the court should do an abrupt about-face. Four years ago the court's four liberal members and Justice Kennedy struck down a Texas law nearly identical to Louisiana's. At the time, Roberts was a vote in dissent. But with Kennedy's retirement and replacement by conservative Justice Brett Kavanaugh, many conservatives had hoped the result in the Louisiana case would be different. Not so, Roberts wrote: “The result in this case is controlled by our decision four years ago."
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Appeals court orders dismissal of Michael Flynn prosecution
Headline Legal News |
2020/06/25 12:25
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A divided federal appeals court on Wednesday ordered the dismissal of the criminal case against President Donald Trump’s former national security adviser Michael Flynn, turning back efforts by a judge to scrutinize the Justice Department’s extraordinary decision to drop the prosecution.
The U.S. Circuit Court of Appeals for the District of Columbia said in a 2-1 ruling that the Justice Department’s move to abandon the case against Flynn settles the matter, even though Flynn pleaded guilty as part of special counsel Robert Mueller’s Russia investigation to lying to the FBI.
The ruling, a significant win for both Flynn and the Justice Department, appears to cut short what could have been a protracted legal fight over the basis for the government’s dismissal of the case. It came as Democrats question whether the Justice Department has become too politicized and Attorney General William Barr too quick to side with the president, particularly as he vocally criticizes, and even undoes, some of the results of the Russia investigation.
The House Judiciary Committee held a hearing Wednesday centered on another unusual move by Barr to overrule his own prosecutors and ask for less prison time for another Trump associate, Roger Stone. Barr has accepted an invitation to testify before the panel on July 28, a spokeswoman said Wednesday, and he will almost certainly be pressed about the Flynn case.
Trump tweeted just moments after the ruling became public: “Great! Appeals Court Upholds Justice Departments Request to Drop Criminal Case Against General Michael Flynn.”
Later, at the White House, Trump told reporters he was happy for Flynn.
“He was treated horribly by a group of very bad people,” Trump said. “What happened to Gen. Flynn should never happen in our country.”
Flynn called into conservative commentator Rush Limbaugh’s radio show and said the ruling was a good development for him and his family. But he also called it “great boost of confidence for the American people in our justice system because that’s what this really comes down to ? is whether or not our justice system is going to have the confidence of the American people.”
U.S. District Judge Emmet Sullivan had declined to immediately dismiss the case, seeking instead to evaluate on his own the department’s request. He appointed a retired federal judge to argue against the Justice Department’s position and to consider whether Flynn could be held in criminal contempt for perjury. He had set a July 16 hearing to formally hear the request to dismiss the case. |
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Irish trucker in court over deaths of 39 people in container
Headline Legal News |
2020/06/23 12:26
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An Irish truck driver appeared in an English court Wednesday, accused of the manslaughter of 39 people who were found dead in a container in southeastern England in an apparent people-smuggling tragedy.
Ronan Hughes, 40, appeared by at Southend Magistrates Court, east of London, by video link from a police station, after being extradited from Ireland.
The Vietnamese nationals were found Oct. 23 in an industrial park in the English town of Grays inside a refrigerated container that had arrived by ferry from Belgium.
The victims came from impoverished villages in Vietnam and are believed to have paid people smugglers to take them on risky journeys to better lives abroad.
The truck’s driver, Maurice Robinson, 25, admitted 39 counts of manslaughter in April. He had previously pleaded guilty to conspiracy to assist unlawful immigration.
Hughes wasn't asked to enter a plea and was ordered detained until a plea hearing at London's Central Criminal Court on July 22. |
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Wolf asks Pennsylvania Supreme Court to uphold shutdown
Headline Legal News |
2020/06/12 09:45
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Democratic Gov. Tom Wolf asked the Pennsylvania Supreme Court on Friday to intervene in his dispute with legislative Republicans who have voted to end pandemic restrictions he imposed in March to slow the spread of the new coronavirus.
Republican majorities in the House and Senate, with a few Democrats in support, voted this week to end the state’s emergency disaster declaration that Wolf has used to shut down “non-life-sustaining” businesses, ban large gatherings and order people to stay at home.
Wolf asked the state’s high court to uphold the shutdown. He said that his gradual reopening plan is working, pointing to a downward trend in the number of new virus infections in Pennsylvania even as cases rise in nearly half the states.
“Pennsylvania’s measured, phased process to reopen is successful because of its cautious approach that includes factors relying on science, the advice of health experts and that asks everyone to do something as simple as wearing a mask when inside or around others outside the home,” Wolf said in a news release. “We will continue to move forward cautiously.”
Wolf has been easing restrictions in vast swaths of the state, including on Friday when he announced that another eight counties would be moving to the least restrictive “green” phase of his reopening plan. But gyms, barber shops, theaters and similar businesses in the state’s highly populated southeast corner remain closed, and many types of businesses statewide must abide by occupancy limits.
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Arena turned court for first felony jury trial in months
Headline Legal News |
2020/06/07 09:23
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A city-owned arena in Batesville became a courtroom this week for the first felony criminal jury trial in Mississippi since the start of the coronavirus pandemic.
More than 100 prospective jurors answered their summons to appear in court at the Civic Center on June 1, Panola County Circuit Clerk Melissa Meek-Phelps said in a news release.
Prospective jurors maintained social distancing by sitting with five empty seats between them and alternating empty rows. County personnel took temperatures of visitors as they arrived at the arena. Hand sanitizer and masks were provided for people entering the building. Anyone who was ill, had health conditions that could put them at risk for COVID-19, was over age 65, a caregiver or had recently performed jury service, was excused.
The Civic Center is a venue for concerts, motorcycle and monster truck shows, rodeos and other entertainment. The Panola County Board of Supervisors on June 1 officially adopted a resolution declaring it the courthouse for the Second Judicial District of Panola County during the coronavirus pandemic.
A jury was selected to hear the trial of Clinton Winters, 44, of Webb, who faced charges of methamphetamine possession. He was found guilty on the afternoon of June 2. Winters remains in custody and will be sentenced at a later date.
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