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High court raises doubts over Puerto Rico sovereignty
Press Release |
2016/02/01 14:51
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The Supreme Court on Wednesday raised doubts about whether Puerto Rico should be treated as a sovereign state with powers that go beyond its status as a territory of the United States.
The justices considered the question during arguments in a criminal case involving two men who claim that Puerto Rico and the federal government can't prosecute them for the same charges of selling weapons without a permit.
The double jeopardy principal prevents defendants from being tried twice for the same offense. But there is an exception that allows prosecution under similar state and federal laws, since states are considered separate sovereigns.
Several justices said Puerto Rico's power to enforce local laws really comes from Congress, which in theory could take it away.
The case has broad political and legal implications that could affect Puerto Rico on issues ranging from taxation and bankruptcy to federal benefits. It comes as the high court prepares to hear a separate dispute later this year over whether the financially struggling Puerto Rican government can give its municipalities the power to declare bankruptcy. |
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Familiar, divisive social issues on Supreme Court agenda
Press Release |
2015/10/05 14:57
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The Supreme Court is starting a new term that promises a steady stream of divisive social issues, and also brighter prospects for conservatives who suffered more losses than usual in recent months.
The justices are meeting in public Monday for the first time since a number of high-profile decisions in June that displayed passionate, sometimes barbed disagreements and suggested some bruised feelings among the nine judges.
The first case before the court involves a California woman who lost her legs in a horrific accident after she fell while attempting to board a train in Innsbruck, Austria. The issue is whether she can sue the state-owned Austrian railway in U.S. courts.
Even before the justices took the bench Monday, they rejected hundreds of appeals that piled up over the summer, including San Jose, California's bid to lure the Athletics from Oakland over the objection of Major League Baseball.
Future cases will deal with abortion, religious objections to birth control, race in college admissions and the power of public-sector unions. Cases on immigration and state restrictions on voting also could make it to the court in the next nine months.
The term will play out against the backdrop of the presidential campaign, in which some candidates are talking pointedly about the justices and the prospect of replacing some of them in the next few years. Four justices are in their 80s or late 70s, led by 82-year-old Ruth Bader Ginsburg.
Commentators on the left and right say the lineup of cases suggests that conservatives will win more often than they will lose over the next few months, in contrast to the liberal side's success last term in gay marriage, health care and housing discrimination, among others.
"This term, I'd expect a return to the norm, in which the right side of the court wins the majority, but by no means all of the cases," said Georgetown University law school's Irv Gornstein.
One reason for the confidence is that, as Supreme Court lawyer John Elwood said: "This is a term of sequels." Affirmative action and union fees have been at the court in recent terms and the justices' positions are more or less known.
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Texas abortion clinics reopen after court reprieve
Press Release |
2014/10/20 12:43
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Texas abortion clinics that closed under tough new restrictions began reopening Wednesday after winning a reprieve at the U.S. Supreme Court, but the facilities were scheduling women with uncertainty and skeleton staffs.
A five-sentence ruling late Tuesday blocked parts of a sweeping Texas abortion law that required clinics to meet hospital-level operating standards starting Oct. 3. That had left only eight abortion facilities in the nation's second-most populous state.
Celebration among some abortion providers, however, was muted by logistics and fears that the victory is only temporary. Women seeking abortions kept phone lines busy at the Routh Street Women's Clinic in Dallas, where a former staff of 17 people is down to to single digits after the procedure was halted by the law earlier this month.
The high court only suspended the restrictions for now pending appeals, and offered no explanation for the decision.
"Some of them will come back, and some of them probably aren't," said Ginny Braun, the Dallas clinic director, about former employees that took other jobs in the past two weeks. "As one person eloquently put it this morning, whiplash is no longer a sustainable life choice for her."
Along the Texas-Mexico border, the only abortion clinic in 300 miles will resume abortion services in McAllen starting Friday, said Amy Hagstrom Miller, founder of Whole Woman's Health. But staffing and financial difficulties prevent any immediate reopening of clinics in Austin and Fort Worth, and the prospects of reopening another in Beaumont are even dimmer, she said.
Hagstrom Miller said she has laid off more than 50 employees since last year, and that the on-again, off-again status of her clinics have led to taking on $500,000 in debt over the last six months. |
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Court: Tenn. Must Recognize 3 Same-Sex Marriages
Press Release |
2014/03/17 14:36
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A federal judge ordered the state of Tennessee on Friday to recognize the marriages of three same-sex couples while their lawsuit against the state works its way through the court system.
U.S. District Judge Aleta Trauger issued the preliminary injunction barring the state from enforcing laws prohibiting recognition of their marriages.
In her written memorandum, Trauger makes clear that her order is only temporary and only applies to the three same-sex couples. A preliminary injunction can only be granted in cases the judge believes the plaintiff will likely win.
"It's the first nail in the coffin of discriminating against same-sex married couples in Tennessee," said Abby Rubenfeld, one of the attorneys for the same-sex couples. "Every single court that has considered these same issues has ruled the same way."
A spokesman for Tennessee Gov. Bill Haslam said in an email that Trauger's decision is still being reviewed by officials.
"The governor is disappointed that the court has stepped in when Tennesseans have voted clearly on this issue," David Smith said. "Beyond that it's inappropriate to comment due to the continuing litigation."
In Tennessee, marriage between partners of the same gender is prohibited by state law and by a constitutional amendment approved in 2006.
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High court sides with parent who fled with child
Press Release |
2014/03/07 15:38
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The Supreme Court has made it harder for a parent in a custody dispute to seek the immediate return of a child under an international treaty to deter child abduction.
The justices ruled unanimously Wednesday that a one-year clock begins ticking when a child is taken out of its country of residence, even if the parent left behind cannot determine where the child is living. In the one-year period, the Hague Convention on child abduction gives judges little option but to return the child to its home country.
After a year, judges have more discretion and must take account of evidence that the child is settled in its new home. |
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