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New York’s top court allows ‘equal rights’ amendment to appear on November ballot
Headline Legal News |
2024/07/14 18:46
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A proposed amendment to New York’s constitution to bar discrimination over “gender identity” and “pregnancy outcomes” will appear on the ballot this November, the state’s high court ruled Thursday.
The decision from the Court of Appeals affirms a lower court ruling from June, dismissing an appeal “upon the ground that no substantial constitutional question is directly involved,” effectively declining to take up the case.
Democrats are hoping the ballot question will drive turnout in their favor this fall as the party frames the “equal rights” amendment as a way to protect abortion rights.
Republicans also have begun to strategize around the proposed amendment, moving to animate voters against the protections it might offer to transgender people.
A Republican state lawmaker had sued to block the ballot question, arguing that Democrats in the Legislature made a technical error when passing the amendment.
The state’s Constitution currently bans discrimination based on race, color, creed or religion. The proposed amendment would add ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes and reproductive health care and autonomy.
It would not explicitly protect abortion rights in New York, where access to the procedure is already considered very safe. Instead, the proposed amendment would stop a person from being discriminated against for having an abortion.
The ballot question has been a crucial part of Democrats’ election strategy in New York. The party has tried to center key House races in New York on abortion access, warning voters that Republicans would try to curtail access to the procedure and betting that Democrats would cast ballots to protect abortion rights after the overturning of Roe v. Wade.
Republicans in turn have moved to use the proposed amendment to energize their base, with some officials arguing it would allow minors to access gender-affirming health care without parental notification. Supporters of the ballot question have said it would not impact a parent’s involvement in such medical decisions.
In a statement, New York Republican Party Chairman Ed Cox said the court was wrong to reject the legal challenge and said the proposed amendment “is a radical departure from common sense.” |
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NYC Sperm Donor Parental Rights - Over 35 Years Experience
Legal Interview |
2024/07/10 01:47
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We provide legal services in the area of Assisted Reproduction Law, also known as Third Party Reproduction, or Assisted Reproductive Technology (ART) law. These matters involve matters such as Surrogacy (Compensated or Compassionate), gamete (sperm/egg) donation, embryo donation and embryo disposition. We also file for Judgments of Parentage for ART and Surrogacy matters. We pride ourselves in being collaborative, while at the same time advocating strongly for our clients, and being thorough, detail oriented and efficient. We work throughout the states of New York and New Jersey.
Compassionate Surrogacy Agreements
These are agreements where there is no compensation provided to the Surrogate. These are sometimes referred to as altruistic surrogacy arrangements. It is often a family member or friend being a surrogate for the Intended Parents. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement.
Sperm Donation Agreements
The majority of these agreements are known sperm donation agreements, where the Donor and the Intended Parents have chosen to work with one another. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in securing a pre and/or post-birth Judgment of Parentage.
Ovum/Egg Donation Agreements
These agreements can be either known or anonymous. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in securing a pre and/or post-birth Judgment of Parentage.
Embryo Donation Agreements
These agreements can be either known or anonymous. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement. We will also assist in secure a pre and/or post-birth Judgment of Parentage.
Embryo Disposition Agreements
New York permits parties to enter into a binding agreement deciding what to do with embryos upon the separation or divorce of Intended Parents. For example, will the embryos be destroyed, donated to research, or will one Intended Parent be allowed to use them while the other Intended Parent has no parental rights or responsibilities to any child born from the embryos. Again, we represent one side or the other of those arrangements for the drafting/review and negotiation of the agreement.
http://www.lawrsm.com/practice-areas/reproductive-law
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Giuliani Disbarred in N.Y. for Wrongdoing During Trump’s 2020 Campaign
Court News |
2024/07/07 20:19
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Rudy Giuliani, the former New York City mayor, federal prosecutor and legal adviser to Donald Trump, was disbarred in New York on Tuesday after a court found he repeatedly made false statements about Trump’s 2020 election loss.
The Manhattan appeals court ruled Giuliani, who had his New York law license suspended in 2021 for making false statements around the election, is no longer allowed to practice law in the state, effective immediately.
“The seriousness of respondent’s misconduct cannot be overstated,” the decision reads. Giuliani “flagrantly misused” his position and “baselessly attacked and undermined the integrity of this country’s electoral process.”
“In so doing, respondent not only deliberately violated some of the most fundamental tenets of the legal profession, but he also actively contributed to the national strife that has followed the 2020 Presidential election, for which he is entirely unrepentant,” the court wrote.
Giuliani said Tuesday that he wasn’t surprised to lose his law license in his hometown, claiming in a post on the social media platform X that the case was “based on an activist complaint, replete with false arguments.”
The former mob prosecutor was admitted to the New York bar in 1969, but before pleading Trump’s case in November 2020, Giuliani had not appeared in court as an attorney since 1992, according to court records.
A Giuliani spokesperson, Ted Goodman, said the man once dubbed “America’s mayor” will appeal the “objectively flawed” decision by the midlevel state court. He also called on others in the legal community to speak out against the “politically and ideologically corrupted decision.”
Giuliani argued in hearings held last October that he believed the claims he was making on behalf of the Trump campaign were true, but the court, in its decision, said it wasn’t convinced.
“Contrary to respondent’s allegations, there is nothing on the record before us that would permit the conclusion that respondent lacked knowledge of the falsehood of the numerous statements that he made, and that he had a good faith basis to believe them to be true,” the decision reads.
Among other things, the court said it found that Giuliani “falsely and dishonestly” claimed during the 2020 Presidential election that thousands of votes were cast in the names of dead people in Philadelphia, including a ballot in the name of the late boxing great Joe Frazier. He also falsely claimed people were taken from nearby Camden, New Jersey, to vote illegally in the Pennsylvania city, the court said. |
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What to know about the Supreme Court immunity ruling
Legal Topics |
2024/07/04 03:19
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The Supreme Court’s ruling Monday in former President Donald Trump’s 2020 election interference case makes it all but certain that the Republican will not face trial in Washington ahead of the November election.
The Supreme Court did not dismiss — as Trump had wanted — the indictment alleging he illegally schemed to cling to power after he lost to President Joe Biden. But the ruling still amounts to a major victory for the presumptive Republican presidential nominee, whose legal strategy has focused on delaying the proceedings until after the election.
The timing of the trial matters because if Trump defeats Biden, he could appoint an attorney general who would seek the dismissal of this case and the other federal prosecutions he faces. Or Trump could potentially order a pardon for himself.
Trump posted in all capital letters on his social media network shortly after the decision was released: “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”
In remarks Monday evening, Biden said the court had done a “terrible disservice” to the American people, who he says deserved to know the outcome of the case before they head to the polls.
“The American people will have to render a judgment about Donald Trump’s behavior,” Biden said. “The American people must decide whether Trump’s assault on our democracy on Jan. 6 makes him unfit for public office.”
The court’s conservative majority said former presidents have absolute immunity from prosecution for official acts that fall within their “exclusive sphere of constitutional authority” and are presumptively entitled to immunity for all official acts. They do not enjoy immunity for unofficial, or private, actions.
The ruling means that special counsel Jack Smith cannot proceed with significant allegations in the indictment — or must at least defend their use in future proceedings before the trial judge.
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Wisconsin Republicans are improperly blocking conservation work, court says
Legal Topics |
2024/07/01 17:18
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The Wisconsin Legislature’s Republican-controlled budget committee can’t legally block conservation projects initiated by Democratic Gov. Tony Evers’ administration, the state Supreme Court ruled Friday.
The decision marks a victory for Evers, whose relationship with Republican lawmakers has deteriorated since he took office in 2019, as well as environmentalists across the state.
“I’ve spent years working against near-constant Republican obstruction, and this historic decision rightfully resets constitutional checks and balances and restores separation of powers,” the governor said in a statement. “This decision is a victory for the people of Wisconsin, who expect and deserve their government to work — and work for them, not against them.”
The Legislature’s attorney, Misha Tseytlin, didn’t immediately respond to an email from The Associated Press seeking comment Friday morning.
The court ruled 6-1 that provisions that require the Joint Finance Committee to unilaterally block projects and land acquisitions funded with money from the Knowles-Nelson Stewardship Program violate the separation of powers between the legislative and executive branches.
The Legislature gave the executive branch the power to distribute stewardship money when it established the program, Justice Rebecca Bradley wrote in the majority opinion. Once that power was conferred, lawmakers lacked authority to reject decisions on how to spend the money short of rewriting spending laws, she wrote.
The Legislature created the stewardship program in 1989. The state Department of Natural Resources uses money from the program to fund grants to local governments and nongovernmental organizations for environmental projects. The gubernatorial cabinet agency also uses money from the program to acquire land for conservation and public use. The Legislature has currently authorized the agency to spend up to $33.2 million in each fiscal year through 2025-26 for land acquisition, according to court documents.
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Israel’s high court orders the army to draft ultra-Orthodox men
Legal Topics |
2024/06/26 18:23
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Israel’s Supreme Court on Tuesday ruled unanimously that the military must begin drafting ultra-Orthodox men for compulsory service, a landmark decision that could lead to the collapse of Prime Minister Benjamin Netanyahu’s governing coalition as Israel continues to wage war in Gaza.
The historic ruling effectively puts an end to a decades-old system that granted ultra-Orthodox men broad exemptions from military service while maintaining mandatory enlistment for the country’s secular Jewish majority. The arrangement, deemed discriminatory by critics, has created a deep chasm in Israel’s Jewish majority over who should shoulder the burden of protecting the country.
The court struck down a law that codified exemptions in 2017, but repeated court extensions and government delaying tactics over a replacement dragged out a resolution for years. The court ruled that in the absence of a law, Israel’s compulsory military service applies to the ultra-Orthodox like any other citizen.
Under longstanding arrangements, ultra-Orthodox men have been exempt from the draft, which is compulsory for most Jewish men and women, who serve three and two years respectively as well as reserve duty until around age 40.
These exemptions have long been a source of anger among the secular public, a divide that has widened during the eight-month-old war, as the military has called up tens of thousands of soldiers and says it needs all the manpower it can get. Over 600 soldiers have been killed since Hamas’ Oct. 7 attack.
Politically powerful ultra-Orthodox parties, key partners in Netanyahu’s governing coalition, oppose any change to the current system. If the exemptions are ended, they could bolt the coalition, causing the government to collapse and likely leading to new elections at a time when its popularity has dropped.
In the current environment, Netanyahu could have a hard time delaying the matter any further or passing laws to restore the exemptions. During arguments, government lawyers told the court that forcing ultra-Orthodox men to enlist would “tear Israeli society apart.”
A statement from Netanyahu’s Likud party criticized the ruling, saying a bill in parliament backed by the Israeli leader would address the draft issue. Critics say it falls short of Israel’s wartime needs. |
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Court upholds a gun control law intended to protect domestic violence victims
Attorney News |
2024/06/22 15:25
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The Supreme Court on Friday upheld a federal gun control law that is intended to protect victims of domestic violence.
In their first Second Amendment case since they expanded gun rights in 2022, the justices ruled 8-1 in favor of a 1994 ban on firearms for people under restraining orders to stay away from their spouses or partners. The justices reversed a ruling from the federal appeals court in New Orleans that had struck down the law.
Chief Justice John Roberts, writing for the court, said the law uses “common sense” and applies only “after a judge determines that an individual poses a credible threat” of physical violence.
Justice Clarence Thomas, the author of the major 2022 Bruen ruling in a New York case, dissented.
President Joe Biden, who has been critical of previous high-court rulings on guns, abortion and other hot-button issues, praised the outcome.
“No one who has been abused should have to worry about their abuser getting a gun,” Biden said in a statement. “As a result of today’s ruling, survivors of domestic violence and their families will still be able to count on critical protections, just as they have for the past three decades.”
Last week, the court overturned a Trump-era ban on bump stocks, the rapid-fire gun accessories used in the deadliest mass shooting in modern U.S. history. The court ruled that the Justice Department exceeded its authority in imposing that ban.
Friday’s case stemmed directly from the Supreme Court’s Bruen decision in June 2022. A Texas man, Zackey Rahimi, was accused of hitting his girlfriend during an argument in a parking lot and later threatening to shoot her.
At arguments in November, some justices voiced concern that a ruling for Rahimi could also jeopardize the background check system that the Biden administration said has stopped more than 75,000 gun sales in the past 25 years based on domestic violence protective orders.
The case also had been closely watched for its potential to affect cases in which other gun ownership laws have been called into question, including in the high-profile prosecution of Hunter Biden. Biden’s son was convicted of lying on a form to buy a firearm while he was addicted to drugs. His lawyers have signaled they will appeal.
A decision to strike down the domestic violence gun law might have signaled the court’s skepticism of the other laws as well. But Friday’s decision did not suggest that the court would necessarily uphold those law either. |
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Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media. |
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