Wednesday, December 26, 2018
Supreme Court rejects Trump plea to enforce asylum ban
A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the “Obama judge” who first blocked the asylum policy.
New Justice Brett Kavanaugh and three other conservative justices sided with the administration. There were no opinions explaining either side’s votes.
The court’s order leaves in place lower court rulings that blocked Trump’s proclamation in November automatically denying asylum to people who enter the country from Mexico without going through official border crossings.
Trump said he was acting in response to caravans of migrants making their way to the border. The administration had also complained that the nationwide order preventing the policy from taking effect was too broad. But the court also rejected the administration’s suggestion for narrowing it.
Lee Gelernt, an American Civil Liberties Union leading the court challenge, said the high court’s decision “will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process.”
The high court action followed a ruling Wednesday by U.S. District Judge Jon Tigar that kept the ban on hold pending the outcome of a lawsuit challenging it. The case could take months to resolve.
Wednesday, December 19, 2018
Colorado baker returns to court over 2nd LGBT bias allegation
Attorneys for a Colorado baker who refused to make a wedding cake for a gay couple on religious grounds — a stand partially upheld by the U.S. Supreme Court — argued in federal court Tuesday that the state is punishing him again over his refusal to bake a cake celebrating a gender transition.
Lawyers for Jack Phillips, owner of Masterpiece Cakeshop in suburban Denver, are suing to try to stop the state from taking action against him over the new discrimination allegation. They say the state is treating Phillips with hostility because of his Christian faith and pressing a complaint that they call an "obvious setup."
"At this point, he's just a guy who is trying to get back to life. The problem is the state of Colorado won't let him," Jim Campbell, an attorney for the Alliance Defending Freedom, said after the hearing. The conservative Christian nonprofit law firm is representing Phillips.
State officials argued for the case to be dismissed, but the judge said he was inclined to let the case move forward and would issue a written ruling later.
The Colorado Civil Rights Commission said Phillips discriminated against Denver attorney Autumn Scardina because she's transgender. Phillips' shop refused to make a cake last year that was blue on the outside and pink on the inside after Scardina revealed she wanted it to celebrate her transition from male to female.
She asked for the cake on the same day the U.S. Supreme Court announced it would consider Phillips' appeal of the previous commission ruling against him. In that 2012 case, he refused to make a wedding cake for same-sex couple Charlie Craig and Dave Mullins.
Friday, December 14, 2018
The Latest: Macron: No new Brexit accord, ball in UK court
French President Emmanuel Macron says the withdrawal deal on Brexit cannot be renegotiated and that it’s now up to the British Parliament to make the next move.
Macron spoke Friday after an EU summit and a one-on-one meeting with British Prime Minister Theresa May, seeking help from EU leaders to help her sell the deal to skeptical lawmakers.
Macron insisted “there is one accord, the only one possible,” adding “we cannot renegotiate it.” He told reporters that now it’s “the British parliament’s time” to decide whether to accept or reject it.
He said EU leaders are willing to “clarify and discuss” the accord, and said EU leaders at the summit sought to debunk “fantasies” about the so-called backstop for the Irish border.
Romania’s president is stressing how important it is for Romanians and other European Union citizens in the U.K. to have their rights respected after it leaves bloc.
In a meeting with British Prime Minister Theresa May in Brussels, Romanian President Klaus Iohannis said the divorce deal was “important... to guarantee the rights of (Romanians) who live, work or study in Britain.”
Iohannis said all EU citizens living in the U.K. should be treated in a non-discriminatory way, both those currently there and those who move there in the future.
Romania takes over the rotating presidency of the EU on Jan. 1. Britain’s departure from the bloc, scheduled for March 29, occurs on its watch.
Supreme Court won't hear Planned Parenthood case
The Supreme Court is avoiding a high-profile case by rejecting appeals from Kansas and Louisiana in their effort to strip Medicaid money from Planned Parenthood over the dissenting votes of three justices.
Lower courts in both states had blocked the states from withholding money that is used for health services for low-income women. The money is not used for abortions. Abortion opponents have said Planned Parenthood should not receive any government money because of heavily edited videos that claimed to show the nation's largest abortion provider profiting from sales of fetal tissue for medical research.
Investigations sparked by the videos in several states didn't result in criminal charges.
Justices Clarence Thomas, Samuel Alito and Neil Gorsuch said they would have heard the case.
It takes four votes on the nine-justice court to grant review, so neither Chief Justice John Roberts nor new Justice Brett Kavanaugh was willing to join their conservative colleagues to hear the Medicaid funding challenge.
Thomas wrote for the three dissenters that the court seems to be ducking a case it should decide because it involves Planned Parenthood. "But these cases are not about abortion rights," Thomas wrote.
The issue is who has the right to challenge a state's Medicaid funding decisions, private individuals or only the federal government. The states say that the Medicaid program, a joint venture of federal and state governments to provide health care to poorer Americans, makes clear that only the Secretary of Health and Human Services can intervene, by withholding money from a state.
Tuesday, December 4, 2018
Court could deal blow to porn star, award Trump legal fees
Lawyers for President Trump want porn actress Stormy Daniels to pay them $340,000 in legal bills they claim they earned successfully defending Trump against her frivolous defamation claim.
The attorneys are due in a Los Angeles federal courtroom Monday to make their case that they rang up big bills because of gamesmanship and aggressive tactics by attorney Michael Avenatti, who represents Daniels.
Daniels, whose real name is Stephanie Clifford, alleges she had a one-night affair with Trump in 2006. She sued him earlier this year seeking to break a non-disclosure agreement she signed days before the 2016 election about the tryst as part $130,000 hush money settlement. Trump has denied the affair.
Despite the deal to stay quiet, Daniels spoke out publicly and alleged that five years after the affair she was threatened to keep quiet by a man she did not recognize in a Las Vegas parking lot. She also released a composite sketch of the mystery man.
She sued Trump for defamation after he responded to the allegation by tweeting: "A sketch years later about a nonexistent man. A total con job, playing the Fake News Media for Fools (but they know it)!"
U.S. District Court Judge S. James Otero ruled in October that Trump's statement was "rhetorical hyperbole" against a political adversary and was protected speech under the First Amendment. Trump is entitled to legal fees, Otero said.
Trump's team of lawyers have accounted for more than 500 hours of work — at rates as high as $840 an hour.
Dutch court rejects man’s request to be 20 years younger
Dutch motivational speaker Emile Ratelband may feel like a 49-year-old but according to Dutch law he is still 69.
A Dutch court on Monday rejected Ratelband’s request to shave 20 years off his age in a case that drew worldwide attention.
“Mr. Ratelband is at liberty to feel 20 years younger than his real age and to act accordingly,” Arnhem court said in a press statement . “But amending his date of birth would cause 20 years of records to vanish from the register of births, deaths, marriages and registered partnerships. This would have a variety of undesirable legal and societal implications.”
Ratelband went to court last month, arguing that he didn’t feel 69 and saying his request was consistent with other forms of personal transformation which are gaining acceptance in the Netherlands and around the world, such as the ability to change one’s name or gender.
The court rejected that argument, saying that unlike in the case of a name or gender, Dutch law assigns rights and obligations based on age “such as the right to vote and the duty to attend school. If Mr. Ratelband’s request was allowed, those age requirements would become meaningless.”
Ratelband, perhaps unsurprisingly given his background as self-described advocate of positive thinking, was undeterred by the court’s rejection and vowed to appeal.
“This is great!” he said. “The rejection of (the) court is great ... because they give all kinds of angles where we can connect when we go in appeal.”
He said he was the first of “thousands of people who want to change their age.”
The court said it acknowledged “a trend in society for people to feel fit and healthy for longer, but did not regard that as a valid argument for amending a person’s date of birth.”
Ratelband also insisted his case did have parallels with requests for name and gender changes.
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