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High court revives ex-student’s suit against Georgia college
Law Firm News |
2021/03/08 14:31
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from distributing Christian literature on campus.
The high court sided 8-1 with the student, Chike Uzuegbunam, and against Georgia Gwinnett College. Uzuegbunam has since graduated, and the public school in Lawrenceville, Georgia, has changed its policies. Lower courts said the case was moot, but the Supreme Court disagreed.
Groups across the political spectrum including the American Civil Liberties Union had said that the case is important to ensuring that people whose constitutional rights were violated can continue their cases even when governments reverse the policies they were challenging.
At issue was whether Uzuegbunam’s case could continue because he was only seeking so-called nominal damages of $1.
“This case asks whether an award of nominal damages by itself can redress a past injury. We hold that it can,” Justice Clarence Thomas wrote for a majority of the court.
Writing only for himself, Chief Justice John Roberts disagreed. Roberts argued that the case brought by Uzuegbunam and another student, Joseph Bradford, is moot since the two are no longer students at the college, the restrictions no longer exist and they “have not alleged actual damages.”
Writing about the symbolic dollar they are seeking, Roberts said that: “If nominal damages can preserve a live controversy, then federal courts will be required to give advisory opinions whenever a plaintiff tacks on a request for a dollar.” He accused his colleagues of “turning judges into advice columnists.”
It appears to be the first time in his more than 15 years on the court that the chief justice has filed a solo dissent in an argued case. That’s according to Adam Feldman, the creator of the Empirical SCOTUS blog, which tracks a variety of data about the court.
Uzuegbunam’s lawyer, Kristen Waggoner of the Arizona-based Alliance Defending Freedom, a group that focuses on faith-based cases, cheered the ruling. “We are pleased that the Supreme Court weighed in on the side of justice for those victims,” she said in a statement.
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Feds drop legal battle over tribe’s reservation status
Law Firm News |
2021/02/20 20:13
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The Mashpee Wampanoag Tribe scored a legal victory Friday when the U.S. Interior Department withdrew a Trump administration appeal that aimed to revoke federal reservation designation for the tribe’s land in Massachusetts.
A federal judge in 2020 blocked the U.S. Interior Department from revoking the tribe’s reservation designation, saying the agency’s decision to do so was “arbitrary, capricious, an abuse of discretion, and contrary to law.” The Trump administration appealed the decision, but the Interior Department on Friday moved to dismiss the motion.
In a filing in a federal appeals court in Washington, D.C., the Interior Department said it had “conferred with the parties and none opposes this motion.” A judge granted the motion and dismissed the case.
The tribe’s vice chair, Jessie Little Doe Baird, called it a triumph for the tribe and for ancestors “who have fought and died to ensure our Land and sovereign rights are respected.”
“We look forward to being able to close the book on this painful chapter in our history,” Baird said in a statement. “The decision not to pursue the appeal allows us continue fulfilling our commitment to being good stewards and protecting our Land and the future of our young ones and providing for our citizens.”
The Cape Cod-based tribe was granted more than 300 acres (1.2 square kilometers) of land in trust in 2015 by then-President Barack Obama, a move that carved out the federally protected land needed for the tribe to develop its planned $1 billion First Light casino, hotel and entertainment resort.
The tribe learned in March 2020 that the federal government was moving to reverse the reservation designation. The Trump administration decided it could not take the land into trust because the tribe was not officially recognized as of June 1, 1934. That was the year the federal Indian Reorganization Act, which laid the foundation for modern federal Indian policy, became law.
At the time, the tribe’s chair called it a “sucker punch.” The tribe, which traces its ancestry to the Native Americans that shared a fall harvest meal with the Pilgrims in 1621, gained federal recognition in 2007.
U.S. Representative Bill Keating, D-Mass., whose district includes Cape Cod, applauded the decision to drop the appeal.
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Georgia court officials eye March for jury trial resumption
Law Firm News |
2021/02/08 15:35
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Georgia court officials say they are hopeful jury trials will resume in March given the recent decline in coronavirus cases along with the rollout of vaccines.
State Supreme Court Chief Justice Harold D. Melton signed an order on Sunday extending for another 30 days a statewide judicial emergency that suspends the trials because of concerns about COVID-19.
But the order says the surge in virus cases that led to the suspension appears to be declining, and it is anticipated that superior and state courts will get the green light to resume the trials at their discretion in March.
Online payment of court costs, fines expands in Kentucky
The Kentucky Administrative Office of the Courts has expanded its online payment options.
As of last week, people who owe court costs, fines, fees or restitution on eligible cases can make full or partial payments, the office said in a news release. Previously the ePay program only allowed payment in full in prepayable cases, which is one that doesn't require a court appearance.
"The primary advantage is that anyone who owes court costs can now pay online," Chief Justice John D. Minton Jr. said. "We're also easing the financial strain for those who have a prepayable case by allowing them to pay over time, if needed." |
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Sonnet 54 is instant language, which helps you present yourself
Law Firm News |
2021/01/01 14:30
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Arrangements contain the most genetically roses with large heads and incredibly vivacious colors. We do our best to create, design, and deliver the very best collections for you to enjoy.
Humans have long had a fascination with collecting and preserving flowers, a practice believed to date back to ancient civilizations.
Flowers of the time were often found framed behind glass in elaborate arrangements, sometimes with pieces of ribbon to complement the blooms. It's most common to call the owner or manager of a flower shop a florist, although the word is also used to mean a person who grows flowers meant for cutting
In the 70s, the spouses Paul and Jeanette Lambert first tried to extend the life of a flower by replacing the composition of its cells. ⠀
Perfect for Valentine’s Day, Anniversaries, Birthdays, Mother’s Day, Thanksgiving, Christmas, and Weddings and for every day to make it beautiful. William Shakespeare reflected the company name. Bodi believes in endless love and thoughtfulness.
Her mission is to create immortal truth and devotion, timeless elegance, and beauty in its purest form. A person who works in a store that sells cut flowers and plants for inside the house sonnet54. Floristry is the production, commerce, and trade in flowers. It encompasses flower care and handling, floral design, or flower arranging, merchandising, production, display and flower delivery.
Bodi and her team of professional florists design dreams in luxurious suede boxes. We present different collections for you. Sonnet 54 searched the globe for the finest roses. Our flowers are grown in Ecuador and Columbia.
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China sentences lawyer who reported on outbreak to 4 years
Law Firm News |
2020/12/25 19:58
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A Chinese court on Monday sentenced a former lawyer who reported on the early stage of the coronavirus outbreak to four years in prison on charges of “picking fights and provoking trouble,” one of her lawyers said.
The Pudong New Area People’s Court in the financial hub of Shanghai gave the sentence to Zhang Zhan following accusations she spread false information, gave interviews to foreign media, disrupted public order and “maliciously manipulated” the outbreak.
Lawyer Zhang Keke confirmed the sentence but said it was “inconvenient” to provide details ? usually an indication that the court has issued a partial gag order. He said the court did not ask Zhang whether she would appeal, nor did she indicate whether she would.
Zhang, 37, traveled to Wuhan in February and posted on various social media platforms about the outbreak that is believed to have emerged in the central Chinese city late last year.
She was arrested in May amid tough nationwide measures aimed at curbing the outbreak and heavy censorship to deflect criticism of the government’s initial response. Zhang reportedly went on a prolonged hunger strike while in detention, prompting authorities to forcibly feed her, and is said to be in poor health.
China has been accused of covering up the initial outbreak and delaying the release of crucial information, allowing the virus to spread and contributing to the pandemic that has sickened more than 80 million people worldwide and killed almost 1.8 million. Beijing vigorously denies the accusations, saying it took swift action that bought time for the rest of the world to prepare.
China’s ruling Communist Party tightly controls the media and seeks to block dissemination of information it hasn’t approved for release. In the early days of the outbreak, authorities reprimanded several Wuhan doctors for “rumor-mongering” after they alerted friends on social media. The best known of the doctors, Li Wenliang, later succumbed to COVID-19.
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