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US presses ahead with border wall in court despite shutdown
Areas of Focus |
2019/01/19 11:22
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A federal attorney in South Texas said in court this week that during the ongoing partial government shutdown, he only has been allowed to work on cases related to President Donald Trump’s proposed border wall.
The Texas Civil Rights Project on Thursday released a transcript of a Tuesday hearing in a case where the U.S. government has sued a local landowner for her property along the U.S.-Mexico border. Many other civil cases have been delayed during the shutdown, which was triggered by Trump’s demand for $5.7 billion to build a wall.
According to the transcript, U.S. District Judge Micaela Alvarez noted that government attorneys working on border wall cases have not been furloughed despite the shutdown.
The prosecutor, Eric Paxton Warner, responded, “This is all I’m allowed to work on, Your Honor.”
Warner and a spokeswoman for the local U.S. attorney’s office did not return messages. A spokesman for the Department of Justice says each U.S. attorney had the authority to determine which civil cases should move forward or be delayed, but that civil cases would be delayed “to the extent this can be done without compromising to a significant degree the safety of human life or the protection of property.”
U.S. Customs and Border Protection said last year that it planned to start building in February. But unlike on other parts of the border, most border land in South Texas is owned privately. That requires the government to seize it through eminent domain, suing private landowners in cases that can take months or years. Some landowners who would be affected have already vowed to fight the government in court. |
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Florida school shooting suspect due back in court
Legal Topics |
2019/01/18 17:32
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Florida school shooting suspect Nikolas Cruz is due back in court for more motions from defense lawyers.
Cruz's lawyers want Circuit Judge Elizabeth Scherer on Friday to hold the Broward Sheriff's Office in contempt of court for improperly providing the suspect's medical records to a state commission investigating the shooting.
They say only certain authorized investigators and prosecutors should get access to such records in a criminal case, and the commission is not included.
The 20-year-old Cruz faces the death penalty if convicted in the Valentine's Day shooting that killed 17 people at Marjory Stoneman Douglas High School. His lawyers have offered a guilty plea in exchange for life in prison, but prosecutors reject that.
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India's top court paves way for bars with dancers to reopen
Areas of Focus |
2019/01/18 01:32
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India's Supreme Court on Thursday paved the way for the reopening of Mumbai's dance bars, which had been a nightlife staple in the country's entertainment capital until they were outlawed six years ago.
The court ruled that the bars featuring young women paid to wear sexy clothing and dance to Bollywood music no longer need to be more than a kilometer (half a mile) from religious sites, schools and colleges. It also scrapped plans to force the bars to have security cameras and a partition between bar rooms and dance floors.
There were some 700 dance bars in Mumbai and another 650 in other parts of Maharashtra state, employing 75,000 dancers, before the state government ordered them closed in 2012 on the grounds they corrupted young people.
The state government framed a new law in 2016 imposing stiff restrictions, but the hotel and restaurant owners found them to be unacceptable and petitioned the top court.
The court, however, accepted the state government's plea that the dance bars be allowed to stay open in Maharashtra state between 6:30 p.m. and 11:30 p.m. every day and not until 1:30 a.m. as demanded by the Bar Owners Association.
People at these bars can tip the dancers, but can't throw money at them as in the past, the court ruled. |
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Chief justice seeks budget increase for court technology
Legal Interview |
2019/01/16 01:32
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The head of the Iowa court system says technology and the need to ensure justice for everyone demands increased spending.
Speaking Wednesday in his annual speech to the Legislature, Iowa Supreme Court Chief Justice Mark Cady told lawmakers “we simply can no longer proceed into the future thinking it will be a modest linear extension from where we are today.”
The judicial branch is requesting nearly $185 million, a 4 percent increase from the current year’s budget. Gov. Kim Reynolds is proposing nearly $183 million.
Among the new programs Cady proposes is a $1.6 million rural courts initiative to secure courthouses and upgrade services to ensure court services in all 99 counties.
He also proposes a $2.5 million digital upgrade that would allow judges to send search warrants electronically to investigators, improve an internet-based telephone system and upgrade technology to allow for remote video appearances for witnesses, parties in cases and court reporters.
Cady also seeks $1.9 million to pay for a proposed 4 percent increase in pay for judiciary officers. |
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No-cost birth control, now the norm, faces court challenges
Attorney News |
2019/01/16 01:32
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Millions of American women are receiving birth control at no cost to them through workplace health plans, the result of the Obama-era Affordable Care Act, which expanded access to contraception.
The Trump administration sought to allow more employers to opt out because of religious or moral objections. But its plans were put on hold by two federal judges, one in Pennsylvania and the other in California, in cases that could eventually reach the Supreme Court.
The judges blocked the Trump policy from going into effect while legal challenges from state attorneys general continue.
Here's a look at some of the issues behind the confrontation over birth control, politics and religious beliefs:
Well into the 1990s many states did not require health insurance plans to cover birth control for women.
"Plans were covering Viagra, and they weren't covering birth control," said Alina Salganicoff, director of women's health policy with the nonpartisan Kaiser Family Foundation.
By the time President Barack Obama's health law passed in 2010, employers and insurers largely began covering birth control as an important part of health care for women.
The ACA took that a couple of steps further. It required most insurance plans to cover a broad range of preventive services, including vaccinations and cancer screenings, but also women's health services. And it also required such preventive services to be offered at no charge. |
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DeSantis picks female Cuban-American for state's high court
Legal Topics |
2019/01/13 08:51
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With the first of his three picks for the Florida Supreme Court, Republican Gov. Ron DeSantis on Wednesday chose a female Cuban-American appellate judge to become the state's newest justice.
Barbara Lagoa, for the past 12 years a judge on the 3rd District Court of Appeal in Miami, was introduced by DeSantis at an event at Miami's Freedom Tower. The site is highly symbolic for Cuban-Americans because so many immigrants who fled the communist reign of Cuban leader Fidel Castro were processed into the U.S. through that building.
"In the country my parents fled, the whim of a single individual could mean the difference between food and hunger, liberty or prison, life or death," Lagoa said. "Unlike the country my parents fled, we are a nation of laws."
DeSantis, who just took office on Tuesday, said Lagoa, 51, has an impeccable judicial background and that her Cuban-American upbringing gives her extra appreciation for the rule of law. He noted that she has considered more than 11,000 cases and written 470 legal opinions.
"She has been the essence of what a judge should be" the governor said. "She understands the rule of law, how important that is to a society."
Lagoa, who grew up in the heavily Cuban-American suburb of Hialeah, attended Florida International University and Columbia University law school where she was associate editor of the Columbia Law Review. She also is a former federal prosecutor in Miami. Her father-in-law is Miami senior U.S. District Judge Paul C. Huck and her husband, Paul C. Huck Jr., is a prominent Miami attorney.
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Supreme Court will hear Wisconsin drunk driving case
Attorney News |
2019/01/12 06:51
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The Supreme Court has agreed to hear a challenge to a Wisconsin drunk driving law that has parallels in other states.
Wisconsin law says law enforcement officials can draw blood from an unconscious driver without a warrant if they suspect the person was driving drunk.
The case the court agreed Friday to hear involves Gerald Mitchell. He was arrested in Sheboygan for driving while intoxicated in 2013 in Wisconsin. Mitchell was too drunk to take a breath test and became unconscious after being taken to a hospital. His blood was then drawn without a warrant. Mitchell was ultimately convicted of driving while intoxicated.
Mitchell says the blood draw was a search that violated his constitutional rights, but Wisconsin’s Supreme Court upheld his convictions. Mitchell says 29 states have similar laws. |
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