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Obama's power over immigration drives Supreme Court dispute
Legal News |
2016/04/15 01:16
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The raging political fight over immigration comes to the Supreme Court on Monday in a dispute that could affect millions of people who are in the United States illegally.
The court is weighing the fate of Obama administration programs that could shield roughly 4 million people from deportation and grant them the legal right to hold a job.
Among them is Teresa Garcia of suburban Seattle, who has spent 14 years in the United States illegally after staying beyond the expiration of her tourist visa in 2002.
She's already gotten much of what she wanted when she chose not to return to her native Mexico. Her two sons are benefiting from an earlier effort that applies to people who were brought here illegally as children. Garcia's 11-year-old daughter is an American citizen.
Now, she would like the same for herself and her husband, a trained accountant who works construction jobs. Neither can work legally.
"To have a Social Security number, that means for me to have a better future. When I say better future, we are struggling with the little amount of money my husband is getting for the whole family. It makes for stress every day. We struggle to pay for everything," Garcia said.
The programs announced by President Barack Obama in November 2014 would apply to parents whose children are citizens or are living in the country legally. Eligibility also would be expanded for the president's 2012 effort that helped Garcia's sons. More than 700,000 people have taken advantage of that earlier program, Deferred Action for Childhood Arrivals. The new program for parents and the expanded program for children could reach as many as 4 million people, according to the nonpartisan Migration Policy Institute.
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Despite court ruling, China gay rights movement makes gains
Legal News |
2016/04/15 01:16
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For years, Chen Tiantian could only read about the gay rights movement in faraway places. She knew that there were activists in Beijing and a vibrant community in Shanghai, and that in San Francisco, a distant mecca, gay pride parades took up entire streets.
But on Wednesday, the 20-year-old English major sat on the steps of a courthouse and spoke fervently about how the struggle for equality had arrived in her central Chinese hometown — and how she planned to take part.
"It's hard to believe, but we're right in the middle of this," said Chen, who is lesbian and came with several friends to support a local couple who had challenged the city's civil affairs bureau after they were denied a marriage certificate. "It's like I'm finally entering the struggle myself."
Though it was dismissed by the court in Changsha, China's first legal challenge to a law limiting marriage to opposite-sex couples has galvanized many of the hundreds of young Chinese gay rights supporters who gathered at the courthouse, some of them waving small rainbow flags. The hearing's sizable public turnout and coverage by usually conservative Chinese media appeared to reflect early signs of shifting social attitudes in China on the topic of sexual orientation.
The lawsuit that was dismissed was brought by 26-year-old Sun Wenlin against the civil affairs bureau for refusing to issue him and his partner, Hu Mingliang, a marriage registration certificate. The judge's ruling against the couple came down after a three-hour hearing — but that didn't dampen the mood of many of the hundreds of young Chinese who gathered outside the courthouse hoping for a chance to "witness history," in the words of one supporter. |
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Cosby asks court to reseal testimony about affairs, drugs
Legal News |
2016/04/13 01:17
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Bill Cosby's lawyers urged an appeals court Wednesday to reseal the comedian's lurid, decade-old testimony about his womanizing, but the panel of judges seemed to think the request was pointless, since the deposition has already made headlines around the world.
Members of the three-judge panel of the 3rd U.S. Circuit of Appeals reeled off a list of "the toothpaste's out of the tube"-type metaphors to suggest that any damage to Cosby's reputation from the release of the testimony has already been done.
Cosby's attorneys hope a ruling in their favor could help them keep the documents from being used in the criminal case against him in Pennsylvania and in the many lawsuits filed around the country by women who accuse him of sexual assault or defamation.
But the judges questioned that strategy, too.
The other courts "don't have to necessarily follow us. We can't control them," Circuit Judge Thomas L. Ambro said.
Cosby gave the testimony in 2005 as part of a lawsuit brought against him by Andrea Constand, a Temple University employee who said he drugged and molested her at his home. She later settled for an undisclosed sum, and sensitive documents in the file remained sealed.
In the nearly 1,000-page deposition, the comic known as "America's Dad" admitted to several extramarital affairs and said he obtained quaaludes to give to women he hoped to seduce.
The documents were released last year on a request by The Associated Press. U.S. District Judge Eduardo Robreno found the public had a right to Cosby's testimony because of his role as a self-appointed "public moralist" and because he had denied accusations he drugged and molested women.
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Appeals court rules Mississippi can resume Google inquiry
Legal News |
2016/04/11 01:18
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Mississippi's attorney general can resume an investigation into whether Google facilitates illegal behavior, an appeals court ruled.
The 5th U.S. Circuit Court of Appeals on Friday overturned a district judge who had sided with Google. U.S. District Judge Henry T. Wingate ruled last year that the unit of Alphabet Inc. didn't have to answer a subpoena by Mississippi Attorney General Jim Hood.
Hood began complaining in 2012 that Google wasn't doing enough to prevent people from breaking the law. In October 2014, he sent a 79-page subpoena demanding Google produce information about a wide range of subjects, including whether Google helps criminals by allowing its search engine to lead to pirated music, having its autocomplete function suggest illegal activities and sharing YouTube ad revenue with the makers of videos promoting illegal drug sales. Instead of complying, Google sued.
The appeals court also dissolved the lower judge's injunction that had barred Hood from bringing any civil or criminal lawsuits against the Mountain View, California-based company, saying that a mere subpoena wasn't enough to rule that Hood was acting in bad faith. |
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Justice Thomas asks questions in court, 1st time in 10 years
Legal News |
2016/03/01 11:03
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Justice Clarence Thomas stunned lawyers, reporters and others at the Supreme Court on Monday when he posed questions during an oral argument for the first time in 10 years.
It was the second week the court has heard arguments since the death of Justice Antonin Scalia, Thomas' friend and fellow conservative. Thomas for years sat directly to Scalia's right. Scalia's chair is now draped in black in a tribute to his death on Feb. 13.
Thomas' questions came in case in which the court is considering placing new limits on the reach of a federal law that bans people convicted of domestic violence from owning guns.
With about 10 minutes left in the hourlong session, Justice Department lawyer Ilana Eisenstein was about to sit down after answering a barrage of questions from other justices. Thomas then caught her by surprise, asking whether the violation of any other law "suspends a constitutional right."
Thomas's unusual silence over the years has become a curiosity over the years. Thomas has previously said he relies on the written briefs and doesn't need to ask questions of the lawyers appearing in court.
Thomas last asked a question in court on Feb. 22, 2006. He has come under criticism for his silence from some who say he is neglecting his duties as a justice. The 10-year milestone of his courtroom silence came just days after Scalia's death. Thomas was one of only two people invited by Scalia's family to recite a prayer during the funeral Mass on Feb. 20.
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South African court hears case against president
Legal News |
2016/02/09 14:12
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The chant "Pay back the money" filtered into South Africa's highest court on Tuesday, as judges heard a case in which President Jacob Zuma is accused of violating the constitution in a scandal over state spending on his private home.
Inside court, lawyers argued before 11 judges over whether the president broke the law by failing to follow a 2014 recommendation from the state watchdog agency that he pay back some of the more than $20 million in security upgrades to his rural home.
Outside, several thousand opposition party supporters demonstrated against what they described as corruption by the head of state, shouting that he should return state money used to improve his private home.
Zuma's office, on Feb. 3, said he was willing to reimburse some money, an about-turn to his previous position that he did nothing wrong. His critics said he was trying to avoid the embarrassment of a court hearing and a repeat of last year's heckling during his State of the Nation address, to be held on Thursday.
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