Thursday, January 24, 2019

Supreme Court returns to gun rights for 1st time in 9 years'

The Supreme Court said Tuesday it will take up its first gun rights case in nine years, a challenge to New York City’s prohibition on carrying a licensed, locked and unloaded handgun outside the city limits. The court’s decision to hear the appeal filed by three New York residents and New York’s National Rifle Association affiliate could signal a revived interest in gun rights by a more conservative court. The case won’t be argued until October. The challengers are represented by prominent lawyer Paul Clement, who has been urging the justices to elaborate on the extent of constitutional gun rights the Supreme Court declared in decisions in 2008 and 2010. The court had previously rejected several appeals. The court may be more willing to take on a gun rights case now that Justice Anthony Kennedy has retired and been replaced by Justice Brett Kavanaugh, who was President Donald Trump’s second high-court nominee to be confirmed. Clement says the case “is a perfect vehicle to reaffirm that those decisions and the constitutional text have consequences.” Joining in support of gun rights, 17 states said the court should break its years-long silence and use the case to define the scope of gun rights under the Constitution and the level of scrutiny, or skepticism, judges should apply to gun laws. New York’s ordinance allows people licensed to have handguns to carry them outside the home to gun ranges in the city. The guns must be locked and unloaded. The city residents who filed suit want to practice shooting at target ranges outside the city or take their guns to second homes elsewhere in New York state. Lower courts had rejected the challenge.

Cristiano Ronaldo pleads guilty to tax fraud at Madrid court

With a guilty plea and a huge fine, Cristiano Ronaldo finally put an end to his tax ordeal in Spain. Nearly four years after an investigation was opened, Ronaldo appeared at a court in Madrid on Tuesday to plead guilty to tax fraud and agree to a fine of nearly 19 million euros ($21.6 million). The Juventus forward, who was facing charges stemming from his days at Real Madrid, spent about 45 minutes in court to sign the agreement. He was also given a two-year suspended sentence. Ronaldo will not have to serve time in prison because judges in Spain can suspend sentences for two years or less for first-time offenders. The Portugal star smiled broadly after leaving court despite the unwanted trip back to Madrid, where he played until last summer. “It’s done,” he said briefly as he walked past some of the hundreds of journalists outside the court house. He later posted a photo on Twitter of himself smiling while apparently taking a selfie inside an airplane. The picture was accompanied by emoticons that included a “thumbs-up.” Ronaldo arrived in court in a black van and was wearing sunglasses, a black sports coat, black pants and white tennis shoes. He stopped to sign an autograph before walking up some stairs leading to the court house. He was accompanied by his lawyers and his partner, Georgina Rodriguez. Police officers escorted him. The court had dismissed Ronaldo’s request to enter the building directly from the parking lot, which would have allowed him to avoid the media. The request was made for security reasons, but the court said it didn’t think the measure was needed despite the player’s notoriety.

Sunday, January 6, 2019

High court to take new look at partisan electoral districts

The Supreme Court is plunging back into the issue of whether electoral districts can be too partisan. Disputes have arisen in cases involving North Carolina's heavily Republican congressional map and a Democratic congressional district in Maryland, and the justices said Friday they will hear arguments in March. The high court could come out with the first limits on partisan politics in the drawing of electoral districts, but also could ultimately decide that federal judges have no role in trying to police political mapmaking. The court took up the issue of partisan gerrymandering last term in cases from Wisconsin and the same Maryland district, but the justices failed to reach a decision on limiting political line-drawing for political gain. Justice Anthony Kennedy had said he was open to limits. He has since retired, and Justice Brett Kavanaugh has taken Kennedy's seat. He has no judicial record on the issue. The court again has taken one case in which Democrats are accused of unfairly limiting Republicans' political power and one in which Republicans are the alleged culprits. The court also has the entire North Carolina congressional map before it, but only the one Maryland district. In both cases, however, lower courts have found that the party in charge of redistricting — Republicans in North Carolina, Democrats in Maryland — egregiously violated the rights of voters in the other party.

WVa AG's help sought in Supreme Court impeachment appeal

Three months after a ruling halted the impeachment process involving most of West Virginia's Supreme Court justices, the state Senate president is seeking a second opinion. Senate President Mitch Carmichael said Friday at the annual Legislative Lookahead forum he's asked state Attorney General Patrick Morrisey to look into handling a possible appeal to the U.S. Supreme Court. Carmichael, a Republican, is still steamed at a panel of state Supreme Court stand-ins that ruled impeachment efforts of the justices were a violation of the separation of powers doctrine. The process was officially derailed when the presiding judge didn't show up to Justice Margaret Workman's trial in the state Senate in light of the court's ruling blocking it. "We believe it is totally, completely wrong," Carmichael said. The acting justices ruled the Senate lacked jurisdiction to pursue Workman's trial and later applied the decision to trials involving justices Robin Davis and Allen Loughry, who had petitioned the court to intervene. Davis retired after the House approved impeachment charges against her. Loughry resigned after being convicted of felony fraud charges in federal court.

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.