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Supreme Court allows enforcement of new green card rule
Court Watch | 2020/01/26 11:05
A divided Supreme Court on Monday allowed the Trump administration to put in place new rules that could jeopardize permanent resident status for immigrants who use food stamps, Medicaid and housing vouchers.

Under the new policy, immigration officials can deny green cards to legal immigrants over their use of public benefits. The justices' order came by a 5-4 vote and reversed a ruling from the 2nd U.S. Circuit Court of Appeals in New York that had kept in place a nationwide hold on the policy following lawsuits against it.

The court's four liberal justices, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, voted to prevent the policy from taking effect.

Federal appeals courts in San Francisco and Richmond, Virginia, had previously overturned trial court rulings against the rules. An injunction in Illinois remains in effect but applies only to that state.

The lawsuits will continue, but immigrants applying for permanent residency must now show they wouldn't be public charges, or burdens to the country.

The new policy significantly expands what factors would be considered to make that determination, and if it is decided that immigrants could potentially become public charges later, that legal residency could be denied. Under the old rules, people who used non-cash benefits, including food stamps and Medicaid, were not considered public charges.


Greek court postpones retrial in US tourist's beating death
Court Watch | 2020/01/07 10:12
A Greek court on Wednesday postponed the retrial of seven suspects on murder charges over the 2017 fatal beating of a Texan tourist on an island resort to allow a lawyer newly hired by the victim's family to familiarize himself with the case.

The court in the western port town of Patras postponed the case until Jan. 13.

Six of the men -- five Serbian nationals and a British man of Serbian origin -- had been convicted by a first instance court last year and sentenced to between five and 15 years in prison, but four have since been released. The seventh defendant, a Greek barman, had been acquitted. A public prosecutor had ordered the retrial of all seven, deeming the sentences too lenient.

Bakari Henderson, a 22-year-old from Austin, died in July 2017 after being beaten in the street following an argument in a bar in the Laganas resort area of Zakynthos island.




Mother of Supreme Court Chief Justice Roberts dies at age 90
Court Watch | 2020/01/01 09:44
Rosemary Roberts, the mother of Supreme Court Chief Justice John Roberts, has died. She was 90. A spokeswoman for the court said Rosemary Roberts died Saturday. Roberts was born Rosemary Podrasky in Johnstown, Pennsylvania, and married John G. Roberts Sr. in 1952, according to an obituary published in The Tribune-Democrat.

She worked in Pennsylvania and New York as a customer service representative for A&P supermarkets and the Bell Telephone Company, according to the obituary.

The family moved around over the years for Roberts Sr.’s job at Bethlehem Steel Corp. and lived in New York, Indiana, Pennsylvania and Maryland. They later moved to Ohio and South Carolina for other business opportunities and for retirement.

Rosemary Roberts participated in local religious and charitable organizations and served as a hospital and library volunteer, the obituary said. She and her husband moved to Maryland in 2001 to be closer to their family.

Their son, John Roberts, was nominated in 2005 by President George W. Bush to be chief justice of the Supreme Court. He replaced the late William Rehnquist.

Rosemary Roberts is survived by four children, six grandchildren and one great-grandchild. Her husband died in 2008 after a long illness.


Justices to take up dispute over subpoenas for Trump records
Court Watch | 2019/12/11 13:34
The Supreme Court said Friday it will hear President Donald Trump’s pleas to keep his tax, bank and financial records private, a major confrontation between the president and Congress that also could affect the 2020 presidential campaign.

Arguments will take place in late March, and the justices are poised to issue decisions in June as Trump is campaigning for a second term. Rulings against the president could result in the quick release of personal financial information that Trump has sought strenuously to keep private. The court also will decide whether the Manhattan district attorney can obtain eight years of Trump’s tax returns as part of an ongoing criminal investigation.

The subpoenas are separate from the ongoing impeachment proceedings against Trump, headed for a vote in the full House next week. Indeed, it’s almost certain the court won’t hear the cases until after a Senate trial over whether to remove Trump has ended.

Trump sued to prevent banks and accounting firms from complying with subpoenas for his records from three committees of the House of Representatives and Manhattan District Attorney Cyrus Vance Jr.

In three separate cases, he has so far lost at every step, but the records have not been turned over pending a final court ruling. Now it will be up to a court that includes two Trump appointees, Justices Neil Gorsuch and Brett Kavanaugh, to decide in a case with significant implications reagrding a president’s power to refuse a formal request from Congress.


Kansas Supreme Court getting new member, new chief justice
Court Watch | 2019/12/11 13:33
The Kansas Supreme Court will have a new member and a new chief justice next week.

Democratic Gov. Laura Kelly plans to have a Monday morning news conference to name a replacement for former Justice Lee Johnson, who retired in September.

And Justice Marla Luckert is set to become the state court system's top official Tuesday when current Chief Justice Lawton Nuss retires.

Kelly's appointment Monday will be her first to the seven-member court, and she'll fill a second spot by mid-March because of Nuss' retirement.

The finalists for Kelly's first appointment are Shawnee County District Judge Evelyn Wilson, state Assistant Solicitor General Steven Obermeier and Deputy Kansas Attorney General Dennis Depew.

Johnson left the court after 12 1/2 years. Nuss is stepping down after serving on the court since 2002 and as chief justice since 2010.

Luckert is Nuss' replacement as chief justice because she's the next justice on the seven-member court with the most seniority.


Bill Cosby sex assault verdict upheld; spokesman lashes out
Court Watch | 2019/12/08 13:35
Bill Cosby lost his bid to overturn his sexual assault conviction Tuesday, as an appeals court upheld the verdict in the first celebrity trial of the #MeToo era.

In its ruling, the Superior Court affirmed the right of prosecutors to call other accusers to bolster their case ? the same issue fought over in movie mogul Harvey Weinstein’s sexual assault trial, now set for Jan. 6.

Cosby’s lawyers had complained that the judge had let five women testify at last year’s retrial in suburban Philadelphia, although he had let just one woman testify at the first trial in 2017.

But the Superior Court said their testimony was evidence of Cosby’s “unique sexual assault playbook” and undermined any claim that he “was unaware of or mistaken about victim’s failure to consent.”

The prosecutor who took the case to trial praised Constand for inspiring other victims to come forward against powerful men. She went to police long before the #MeToo movement saw prominent men in entertainment, business, media and other fields brought down over their treatment of women.

“She came to law enforcement almost 15 years ago seeking justice for what was done to her,” Montgomery County District Attorney Kevin Steele said Tuesday. “The world is forever changed because of Andrea’s bravery.”

Lawyers for Cosby had argued eight issues on appeal. They challenged the judge’s decision to air Cosby’s damaging deposition testimony from a related lawsuit; said he had a binding promise from a former prosecutor that he would never be charged; and said a juror had prejudged Cosby’s guilt.




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