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Attention on Supreme Court as justice weigh Trump travel ban
Law News |
2017/06/25 08:53
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The focus is on the Supreme Court as the high-stakes legal fight over President Donald Trump's travel ban awaits action by the justices.
The court is expected to decide within days whether the Trump administration can enforce a ban on visitors to the U.S. from six mostly Muslim countries — Iran, Libya, Somalia, Sudan, Syria and Yemen.
Trump rolled out a travel ban just a week after his Jan. 20 inauguration, but lower federal courts have blocked it and a revised version — and one court also has blocked a 120-day halt on refugee arrivals in the United States.
The president casts the travel ban as critical to deterring possible terrorist attacks in the United States. Opponents say it targets Muslims in violation of federal law and the Constitution. |
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Rhode Island high court vacates conviction in triple slaying
Law News |
2017/06/22 08:54
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Rhode Island's highest court has overturned the conviction of a 21-year-old man serving two consecutive life sentences for a 2012 triple slaying at a housing complex.
Authorities allege the then-16-year-old Quandell Husband had plotted with three others to rob a marijuana dealer at a Providence apartment. Shemeeka Barros, her boyfriend Michael Martin— who was the primary target — and their friend, Damien Colon, were fatally shot. Husband was convicted of three murder counts in 2014.
The state Supreme Court on Wednesday found that the Superior Court judge abused his discretion by allowing the jury to consider "enormously prejudicial" evidence that shouldn't have been admitted at the trial.
The case has been sent back to Superior Court. The attorney general's office says the state is prepared to move forward and retry the case.
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Supreme Court limits ability to strip citizenship
Headline Legal News |
2017/06/20 08:54
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The Supreme Court on Thursday limited the government's ability to strip U.S. citizenship from immigrants for lying during the naturalization process.
The justices ruled unanimously in favor of an ethnic Serb from Bosnia who lied about her husband's military service.
Justice Elena Kagan wrote for the court that false statements can lead to the revocation of citizenship only if they "played some role in her naturalization."
The court rejected the position taken by the Trump administration that even minor lies can lead to loss of citizenship.
The woman, Divna Maslenjak, and her family were granted refugee status in 1999 and settled near Akron, Ohio, in 2000. She became a citizen in 2007.
She initially told immigration officials her husband had not served in the Bosnian Serb military. That was a lie, she later conceded, and lower courts upheld a criminal conviction against her. The conviction automatically revoked her citizenship, and she and her husband were deported in October.
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Trump visiting Supreme Court as justices weigh travel ban
Headline Legal News |
2017/06/15 09:33
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President Donald Trump is making his first Supreme Court visit at a moment of high legal drama. The justices are weighing what to do with the president's ban on travelers from six mostly Muslim countries. But the reason for his high court trip Thursday is purely ceremonial, to mark Justice Neil Gorsuch's ascension to the bench.
Trump has no role in the courtroom ceremony, but presidents often make the trip to the court from the White House to honor their nominees. While the dispute over the travel ban and other controversies have simmered during Trump's first few months in office, his choice of the 49-year-old Gorsuch for the Supreme Court won widespread praise in the legal community as well as unanimous Republican support in the Senate.
A federal judge first blocked Trump's initial travel ban in early February. The president issued a revised version in March. It never took effect after judges in Maryland and Hawaii put it on hold. Two federal appeals courts have since upheld those lower court orders.
The Trump administration has asked the Supreme Court to allow the ban to take effect immediately. Gorsuch actually has been a member of the high court since April, and he even issued his first opinion on Monday.
The investiture ceremony typically takes place before a new justice's first day on the bench, but Gorsuch was confirmed and sworn in on a tight schedule.
He filled the seat that had been held for nearly 30 years by Justice Antonin Scalia, who died in February 2016. The high court seat was vacant for nearly 14 months after Senate Republicans refused to take up President Barack Obama's nomination of Judge Merrick Garland. |
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Idaho Supreme Court to hear veto challenge arguments
Legal Business |
2017/06/15 09:33
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Proponents of a lawsuit challenging Gov. C.L. "Butch" Otter's veto of a contentious grocery tax repeal bill will present arguments in front of the Idaho Supreme Court on Thursday.
State GOP Reps. Ron Nate and Bryan Zollinger, both from eastern Idaho, spearheaded a lawsuit in April arguing that the Idaho Constitution says a governor has 10 days to veto a bill immediately after the Legislature adjourns.In 1978, the Idaho Supreme Court ruled a governor has 10 days to veto or approve a bill starting when it lands on his desk.
However, 30 lawmakers have signed on with Nate and Zollinger urging the court to overturn its previous decision — a request rarely granted by courts due to a preference to follow prior judicial precedent. The lawsuit has attracted the support of House Assistant Majority Leader Brent Crane and House Majority Caucus Chairman John Vander Woude and House Judiciary, Rules and Administration Committee Chairman Lynn Luker in the lawsuit.
Also named in the petition is GOP Rep. Heather Scott of Blanchard, who helped lead an organized movement to disrupt progress inside the Statehouse this year to protest legislative leadership. Other legislators include Sen. Cliff Bayer of Meridian, who was the original sponsor of the grocery tax repeal bill this year.
Idaho's top lawmakers are countering that the lawsuit is unnecessary because the court has already ruled that the deadline kicks in when the governor receives the bill. Secretary of State Lawerence Denney has also warned that if the court overturned the nearly 40-year-old ruling, it is unknown how many other post-legislative adjournment vetoes would be affected.
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