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Supreme Court sides with government in immigration case
Law Center |
2020/04/26 13:25
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The Supreme Court is making it harder for noncitizens who are authorized to live permanently in the United States to argue they should be allowed to stay in the country if they've committed crimes.
The decision Thursday split the court 5-4 along ideological lines. The decision came in the case of Andre Barton, a Jamaican national and green card holder. In 1996, when he was a teenager, he was present when a friend fired a gun at the home of Barton's ex-girlfriend in Georgia. And in 2007 and 2008, he was convicted of drug possession in the state.
His crimes made him eligible to be deported, and the government sought to remove him from the country in 2016. Barton argued he should be eligible to stay. Justice Brett Kavanaugh noted in his opinion for the court's conservatives that it was important that Barton's 1996 crime took place in the first seven years he was admitted to the country.
Kavanaugh wrote that “when a lawful permanent resident has amassed a criminal record of this kind,” immigration law makes them ineligible to ask to be allowed to stay in the country. |
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Washington Supreme Court to hear COVID-19 inmate case online
Legal Interview |
2020/04/24 13:23
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In an historic setting, the Washington Supreme Court will hear oral arguments Thursday while sitting alone in their separate chambers using Zoom technology in a case that addresses the safety of inmates in the state’s prisons during the coronavirus outbreak.
At the same time, conservative lawmakers, law enforcement officials and some victims plan to hold news conferences on both sides of the state to protest the release of some offenders.
At least 24 corrections employees and 13 inmates have tested positive for COVID-19, almost 100 offenders were placed in isolation and more than 1,000 are being quarantined. The majority of the positive cases occurred at the Monroe Correctional Complex where seven staff and 12 inmates have the disease.
After the virus hit the facility, the second largest in Washington, inmates filed a petition with the Supreme Court asking the justices to order Gov. Jay Inslee and Corrections Secretary Stephen Sinclair to release inmates who are older than 60, have underlying conditions and are within 60 days of their release date.
In an unanimous ruling on April 10, the justices ordered the state to devise a plan to protect inmates from the disease. Several days later, Inslee announced plans to release almost 1,000 non-violent offenders who are close to their release date.
As of Wednesday, about 41 inmates received work release furloughs, 293 had their sentences commuted and another 600 were on a list to be considered for a release into the community using electronic monitoring.
The corrections department has also told the court that it has imposed a list of measures designed to keep incarcerated people healthy, including mandatory face masks and hand-sanitizer dispensers.
Lawyers for the inmates say their efforts fall short. They say the prisons are too crowded to allow for social distancing.
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Court issues temporary restraining order on Gov. Kelly's order
Headline News |
2020/04/19 23:21
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A federal judge issued a limited temporary restraining order on Governor Kelly's order banning religious gatherings of ten or more people. The ruling was made by Judge John W. Broomes Saturday evening.
Kelly responded, saying, "This is not about religion. This is about a public health crisis,” Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.”
A telephone conference call had be arranged to hear arguments from attorneys. Broomes also set a time for a preliminary injunction hearing on Wednesday at the federal courthouse in Wichita.
Court issues temporary restraining order on Gov. Kelly's order
The churches and their pastors filed a federal lawsuit Thursday against Kelly, arguing that the directive violates their religious and free-speech rights, as well as their right to assembly.
A federal judge issued a limited temporary restraining order on Governor Kelly's order banning religious gatherings of ten or more people.
The ruling was made by Judge John W. Broomes Saturday evening.
Kelly responded, saying, "This is not about religion. This is about a public health crisis,” Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.”
A telephone conference call had be arranged to hear arguments from attorneys. Broomes also set a time for a preliminary injunction hearing on Wednesday at the federal courthouse in Wichita.
The churches and their pastors filed a federal lawsuit Thursday against Kelly, arguing that the directive violates their religious and free-speech rights, as well as their right to assembly. |
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Hawaii Judiciary postpones state court trials amid pandemic
Law Center |
2020/04/16 23:21
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Hawaii Chief Justice Mark Recktenwald has announced an order to postpone all state court trials amid the coronavirus pandemic, the state Judiciary said.
The order states all state trials in civil, criminal and family courts be postponed until May 29 or the termination of Gov. David Ige’s state of emergency, whichever is sooner, the Honolulu Star-Advertiser reported.
The exception would be if the chief judge of a circuit court orders otherwise.
“While our community has responded well to stay-at-home orders and the results of these public health measures have been encouraging, the Judiciary must continue to do our part to protect the health and safety of our court personnel and court users," Recktenwald said.
The Committee on Operational Solutions was also formed under the order. The committee would accelerate the courts’ capabilities to conduct proceedings remotely due to the pandemic and would plan for the timely transition to return to increased court operations in the coming months.
Recktenwald has encouraged teleconferencing and videoconferencing to address as many cases as possible and appropriate to combat the spread of COVID-19. |
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Kansas' high court rules for governor on religious services
Legal Interview |
2020/04/12 11:47
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The Kansas Supreme Court ruled Saturday that a Republican-dominated legislative panel exceeded its authority when it tried to overturn the Democratic governor’s executive order banning religious and funeral services of more than 10 people during the coronavirus pandemic.
The decision letting Gov. Laura Kelly’s order stand came after the justices heard oral arguments one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance. The Saturday hearing was the court’s first conducted completely via video conferencing.
The court ruled that legislative action designed to give the legislative leadership panel the ability to overrule Kelly’s executive orders was flawed and didn’t legally accomplish that.
The hearing, which was the court’s first conducted completely via video conferencing, came one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance.
“In this time of crisis, the question before the court is whether a seven-member legislative committee has the power to overrule the governor. The answer is no,” said Clay Britton, chief counsel for the governor.
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Court lifts part of order blocking Texas abortion ban
Opinions |
2020/04/11 11:47
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A federal appeals court on Friday partially rescinded a lower-court order that had largely blocked the enforcement of an abortion ban in Texas during the coronavirus pandemic.
By a 2-1 vote, the three-judge panel of the 5th U.S. Circuit Court of Appeals upheld enforcement of an executive order by Texas Gov. Greg Abbott that includes abortion among non-essential medical procedures banned during the state of emergency.
However, the appeals court allowed the procedure to go ahead if delays would place the pregnancy beyond the 22-week state cutoff for abortions.
The ruling was agreed to by Judges Jennifer Walker Elrod, an appointee of President George W. Bush, and Kyle Duncan, an appointee of President Donald Trump. Judge James L. Dennis, an appointee of President Bill Clinton, dissented and opposed any stay of the lower-court order.
COVID-19 is the illness caused by the new coronavirus. For most people, the virus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia. |
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