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Supreme Court enjoys relatively high public confidence
Law Center | 2018/07/12 10:24
The next Supreme Court justice will join the bench at a time when the public has more confidence in the high court than in Congress or the presidency.

A Gallup survey in June found 37 percent of Americans have a great deal or quite a lot of confidence in the court, while another 42 percent have "some" confidence. Only 18 percent have little or no confidence in the court.

Those are sterling marks compared with the court's neighbor on Capitol Hill: Just 11 percent of Americans say they have a great deal or quite a lot of confidence in Congress and nearly half say they have little or no confidence in the nation's legislature.

Down Pennsylvania Avenue, confidence in the White House is on par with that of the Supreme Court - though 44 percent of Americans have little or no confidence in it.

While the public's overall view of the court has remained steady over the past decade, there's been a shift this year as Republicans and GOP-leaning independents were more likely to express confidence in the court than Democrats and left-leaning independents were.

That change comes after a just-concluded term in which retiring Justice Anthony Kennedy sided with conservative-leaning justices on rulings that blessed President Donald Trump's ban on travel from several Muslim nations, placed new limits on public-employee unions and struck down a California law aimed at regulating anti-abortion crisis pregnancy centers, among others.

Trump's choice - a former Kennedy clerk, Brett Kavanaugh, who currently sits on the Court of Appeals for the D.C. Circuit - will almost certainly push the court to the right. More Americans believe the court is "too conservative" than say it's "too liberal," according to a Quinnipiac poll conducted after Kennedy announced his plans to step down.


Trump enjoys 'suspense' ahead of Supreme Court announcement
Court Watch | 2018/07/11 10:24
President Donald Trump is going down to the wire as he makes his choice on a replacement for retiring Supreme Court Justice Anthony Kennedy, but he says with his final four options "you can't go wrong."

Trump spoke to reporters Sunday afternoon before returning to Washington from a weekend at his private golf club in New Jersey, where he deliberated his decision amid furious lobbying and frenzied speculation. Relishing the suspense, Trump insisted he still hadn't locked down his decision, which he wants to keep under wraps until a 9 p.m. Monday announcement from the White House.

"I'm very close to making a final decision. And I believe this person will do a great job," Trump said. Asked by reporters how many people were being considered, the president said: "Let's say it's the four people ... they're excellent, every one."

While Trump didn't name the four, top contenders for the role have included federal appeals judges Brett Kavanaugh, Raymond Kethledge, Amy Coney Barrett and Thomas Hardiman. The White House has been preparing information materials on all four, who were part of a longer list of 25 names vetted by conservative groups.

Trump tweeted later Sunday that he was looking forward to the announcement and said an "exceptional person will be chosen!" He is hoping to replicate his successful announcement of Justice Neil Gorsuch last year.

The president has spent the days leading up to the decision mulling the pros and cons of the various options with aides and allies. He expressed renewed interest in Hardiman — the runner-up when Trump nominated Gorsuch, said two people with knowledge of his thinking who were not authorized to speak publicly. But the situation appeared to remain fluid.

Hardiman has a personal connection to the president, having served with Trump's sister on the 3rd U.S. Circuit Court of Appeals in Philadelphia. He also has a compelling personal story: He went to the University of Notre Dame as the first person in his family to go to college. He financed his law degree at the Georgetown University Law Center by driving a taxi.

Some conservatives have expressed concerns about Kavanaugh — a longtime judge and former clerk for Kennedy — questioning his commitment to social issues like abortion and noting his time serving under President George W. Bush as evidence he is a more establishment choice. But his supporters cite his experience and wide range of legal opinions. He is also former law clerk to Kennedy, as is Kethledge.


Weinstein pleads not guilty, released on bail
Court Watch | 2018/07/10 10:23
Harvey Weinstein, who was previously indicted on charges involving two women, was released on bail on Monday while fighting sex crime accusations that now include a third woman.

"We fight these battles one day at a time, and today we won this round," defense attorney Ben Brafman said outside court. Brafman said during the arraignment that he expects more charges.

Weinstein pleaded not guilty after he was brought into the courtroom with his hands cuffed behind his back. He was then uncuffed for the proceeding.

An updated indictment unveiled last week alleges the movie mogul-turned-#MeToo villain performed a forcible sex act on a woman in 2006. The new charges include two counts of predatory sexual assault, which carries a maximum sentence of life in prison upon conviction.

Attorney Gloria Allred, who is representing the third woman, said outside court that her client will testify if the case goes to trial. She said she doubts Weinstein's lawyer would allow him to do the same because it would subject him to cross examination by prosecutors.

Manhattan District Attorney Cyrus R. Vance Jr. said the 66-year-old Weinstein is charged with "some of the most serious sexual offenses" that exist under state law.

"Mr. Weinstein maintains that all of these allegations are false and he expects to be fully vindicated," Brafman said.

More than 75 women have accused Weinstein, who was one of the most powerful men in Hollywood, of wrongdoing as allegations detailed in Pulitzer Prize-winning stories last October in The New York Times and The New Yorker magazine swelled into the #MeToo movement.


1-year-old goes to court to get reunited with family
Headline News | 2018/07/08 10:23
The 1-year-old boy in a green button-up shirt drank milk from a bottle, played with a small purple ball that lit up when it hit the ground and occasionally asked for "agua."

Then it was the child's turn for his court appearance before a Phoenix immigration judge, who could hardly contain his unease with the situation during the portion of the hearing where he asks immigrant defendants whether they understand the proceedings.

"I'm embarrassed to ask it, because I don't know who you would explain it to, unless you think that a 1-year-old could learn immigration law," Judge John W. Richardson told the lawyer representing the 1-year-old boy.

The boy is one of hundreds of children who need to be reunited with their parents after being separated at the border, many of them split from mothers and fathers as a result of the Trump administration's "zero-tolerance policy." The separations have become an embarrassment to the administration as stories of crying children separated from mothers and kept apart for weeks on end dominated the news in recent weeks.

Critics have also seized on the nation's immigration court system that requires children — some still in diapers — to have appearances before judges and go through deportation proceedings while separated from their parents. Such children don't have a right to a court-appointed attorney, and 90 percent of kids without a lawyer are returned to their home countries, according to Kids in Need of Defense, a group that provides legal representation.

In Phoenix on Friday, the Honduran boy named Johan waited over an hour to see the judge. His attorney told Richardson that the boy's father had brought him to the U.S. but that they had been separated, although it's unclear when. He said the father, who was now in Honduras, was removed from the country under false pretenses that he would be able to leave with his son.

For a while, the child wore dress shoes, but later he was in just socks as he waited to see the judge. He was silent and calm for most of the hearing, though he cried hysterically afterward for the few seconds that a worker handed him to another person while she gathered his diaper bag. He is in the custody of the U.S. Health and Human Services Department in Arizona.



Pennsylvania court to hear objections to church abuse report
Law Center | 2018/07/08 10:23
Pennsylvania's highest court on Friday decided against immediately releasing an investigative grand jury's report into allegations of decades of child sexual abuse in six Roman Catholic dioceses, instead saying it would hear arguments from priests and others that making it public would violate their constitutional rights.

The state Supreme Court gave lawyers for those who object to being named in the nearly 900-page report and want to prevent its disclosure until Tuesday to lay out their arguments in writing, and the attorney general's office until July 13 to respond.

Attorney General Josh Shapiro has said he wants the report made public as soon as possible, noting that unindicted people who were cited in the report in a way that "could be construed as critical" were given an unrestricted right to file responses that are expected to be released along with the report. His spokesman declined comment on the court orders.

More than two dozen current and retired members of the clergy have argued to the court that the report is replete with errors and mischaracterizations that would violate their constitutional rights to due process and to protect their reputations.


Wisconsin court to rule on conservative professor's firing
Headline News | 2018/07/06 16:58
The Wisconsin Supreme Court is set to rule on whether Marquette University was correct to fire a conservative professor who wrote a blog post criticizing a student instructor he believed shut down discussion against gay marriage.

John McAdams sued the private Catholic school in 2016, arguing that he lost his job for exercising freedom of speech.

Marquette says McAdams wasn't fired for the content of his 2014 post, but because he named the instructor and linked to her personal website that had personal identifying information. The instructor later received a flood of hateful messages and threats.

The court heard arguments in April. The ruling expected Friday has been eagerly awaited by conservatives who see universities as liberal havens and by private businesses that want control over employee discipline.



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