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High court to consider state role in prosecuting immigrants
Attorney News | 2019/10/18 04:03

Donaldo Morales caught a break when federal prosecutors declined to charge him after he was arrested for using a fake Social Security card so he could work at a Kansas restaurant. But the break was short-lived. Kansas authorities stepped in and obtained a state conviction that could lead to Morales’s deportation.

A state appellate court overturned the conviction, but Kansas appealed. On Wednesday, the U.S. Supreme Court will hear arguments about whether states can prosecute immigrants like Morales who use other people’s Social Security numbers to get a job.

Morales, who plans to attend the arguments with his wife and a son, said he has been having nightmares about being deported. His greatest fear is leaving behind his wife and children if the Supreme Court reinstates his state convictions ? felonies that could trigger deportation proceedings.

“What I did was to earn money honestly in a job to support my family,” the 51-year-old Guatemalan immigrant told The Associated Press in Spanish.

The case before the nation’s highest court arises from three prosecutions in Johnson County, a largely suburban area outside Kansas City, Missouri, where the district attorney has aggressively pursued immigrants under the Kansas identity theft and false-information statutes.


In or out? Court case on job bias casts pall on LGBT fests
Attorney News | 2019/10/14 03:06

National Coming Out Day festivities were tempered this year by anxiety that some LGBT folk may have to go back into the closet so they can make a living, depending on what the Supreme Court decides about workplace discrimination law.

But the mere fact that words like “transgender” are being uttered before the nation’s highest court gives some supporters of LGBT workplace rights hope that the pendulum will swing in their favor.

“I want all members of our community to feel supported by the government, and often for a lot of us and a lot of friends of mine, it’s the first time that they feel represented,” said Jessica Goldberg, a bisexual senior at the University of Colorado Denver.

Still, for many, the arguments showed the continuing relevance of National Coming Out Day, first observed in 1988 and marked every Oct. 11, though observances happen over several days. That includes Philadelphia’s annual OutFest, held Sunday this year and billed as the largest National Coming Out Day event.

Coming Out Day and, by extension, events like OutFest aim to show that coming out of the closet helps individuals and the larger community win visibility and acceptance.

As music echoed in the packed streets of Philadelphia’s Gayborhood and smoke from food carts hung overhead, Priscilla Gonzalez waited for friends on a stoop and pondered the timing of the Supreme Court arguments — and what she sees as a nefarious “military tactic” of dividing Republican Party opponents to weaken them.

“It’s true that we are focused on trying to protect our group,” said Gonzalez, a New York City resident attending her first OutFest. “Because we feel so threatened, we start to divide more, and I think that division brings disruptions.”

Emotionally, the victory for LGBT marriage equality was “huge,” said Susan Horowitz, publisher and editor of Between the Lines, an LGBT newspaper in Michigan. But the workplace discrimination case, with its legal ramifications, is bigger, she said.


Alaska Supreme Court to Hear Youths’ Climate Change Lawsuit
Attorney News | 2019/10/06 01:15

The Alaska Supreme Court will hear arguments in a lawsuit that claims state policy on fossil fuels is harming the constitutional right of young Alaskans to a safe climate.

Sixteen Alaska youths in 2017 sued the state, claiming that human-caused greenhouse gas emission leading to climate change is creating long-term, dangerous health effects.

The lawsuit takes aim at a state statute that says it’s the policy of Alaska to promote fossil fuels, said Andrew Welle of Oregon-based Our Children’s Trust, a nonprofit organization dedicated to protecting natural systems for present and future generations.

“The state has enacted a policy of promoting fossil fuels and implemented it in a way that is resulting in substantial greenhouse gas emissions in Alaska,” Welle said in a phone interview. “They’re harming these young kids.”

A central question in the lawsuit, as in previous federal and state lawsuits, is the role of courts in shaping climate policy.


Supreme Court ruling clear, but Brexit future still murky
Attorney News | 2019/09/25 13:00

The landmark British Supreme Court ruling that Prime Minister Boris Johnson's suspension of Parliament was unlawful did not deal directly with plans for Britain's anticipated departure from the European Union. Brexit will however be top of the agenda in Parliament now that lawmakers have returned.

As things stand, Britain is scheduled to leave the EU on Oct. 31 unless the British government requests an extension and the other 27 EU countries agree to a further delay.

However, Parliament passed a bill earlier this month before Johnson suspended Parliament requiring the prime minister to seek a three-month extension if no withdrawal agreement has been reached with the EU by Oct. 19.

Johnson insists that he is pursuing a deal with the EU, but has repeatedly said that if there is no deal, he will take Britain out of the EU on the scheduled Brexit date rather than request an extension.

For most economists, including those in government and the Bank of England, a no-deal Brexit would trigger a recession as trade barriers, including tariffs, are put up between Britain and the EU. There's also a widespread expectation that there will be gridlock at Britain's ports, and shortages of some food and medicine.



New justice formally joins Virginia Supreme Court
Attorney News | 2019/09/10 21:29

The Virginia Supreme Court has a new justice.

The Richmond Times-Dispatch reports Teresa Chafin, previously a judge on the Virginia Court of Appeals, formally joined the court Friday in a special session in Abingdon.

The General Assembly elected her in February. Chafin is the sister of state Sen. Ben Chafin, who lobbied on her behalf but didn't vote when the Senate confirmed her 36-0.

Chafin will serve a 12-year term. She's filling a vacancy created by the retirement of Justice Elizabeth McClanahan.



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