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US courts rule for border walls both public and private
Court Line |
2020/01/09 02:10
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Crews could start building a private border wall in South Texas within the coming days following a federal judge’s ruling Thursday that lifted a restraining order against the project.
U.S. District Judge Randy Crane’s order was the second federal ruling in two days in favor of border barriers. On Wednesday, the 5th U.S. Circuit Court of Appeals lifted a lower court’s stay that had prevented President Donald Trump’s administration from diverting $3.6 billion from military construction projects to fund 175 miles (280 kilometers) of border wall.
While the White House on Thursday celebrated the appeals court’s ruling, saying it rightfully lifted an “illegitimate nationwide injunction,” Crane’s ruling actually went against the U.S. government’s position.
Fisher Industries, a North Dakota-based construction firm, wants to install 3 miles (4.8 kilometers) of steel posts about 35 feet (10 meters) from the U.S. bank of the Rio Grande, the river that forms the U.S.-Mexico border in Texas. The company’s president, Tommy Fisher, wants to spend $40 million on the private border wall ? originally promoted by a pro-Trump online fundraising group ? to prove that his company can build barriers more effectively. |
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Supreme Court won't disturb ruling against anti-homeless law
Court Line |
2019/12/17 01:15
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The U.S. Supreme Court on Monday left a lower court ruling in place that struck down a law making it a crime to sleep in public places when homeless shelter space is unavailable.
A federal appeals court had ruled that the anti-camping ordinance in Boise, Idaho, was cruel and unusual punishment, violating the Constitution's Eighth Amendment. "A state may not criminalize conduct that is an unavoidable consequence of being homeless," the appeals court said.
The Supreme Court denied Boise's appeal Monday without comment, as is its normal practice when declining to grant reviews.
Lawyers for the city argued that Boise wanted to enforce the ordinance "in the parks, foothills, and other public areas not just to keep them safe and sanitary but also to allow users to utilize the public spaces as they were intended to be used." Supporters of the law said people sleeping on the streets are unsafe and make residents feel less safe. |
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Kansas Supreme Court getting new member, new chief justice
Court Line |
2019/12/12 05:33
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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.
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Bill Cosby sex assault verdict upheld; spokesman lashes out
Court Line |
2019/12/09 05:35
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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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Court to consider bathroom use by transgender student
Court Line |
2019/12/06 04:52
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A transgender student’s fight over school bathrooms comes before a federal appeals court Thursday, setting the stage for a groundbreaking ruling.
The 11th U.S. Circuit Court of Appeals in Atlanta will hear arguments about whether a Florida school district should be ordered to allow students to use the bathroom that matches their gender identity.
Drew Adams, who has since graduated from Nease High School in Ponte Vedra, won a lower court ruling last year ordering the St. Johns County school district to allow him to use the boys’ restroom. The district has appealed, arguing that although it will permit transgender students to use single-occupancy, gender-neutral restrooms, it shouldn’t be forced to let students use the restroom of the gender they identify with.
The 11th Circuit could become the first federal appeals court to issue a binding ruling on the issue, which has arisen in several states. The ruling would cover schools in Florida, Georgia and Alabama, and could carry the issue to the U.S. Supreme Court.
The 4th Circuit had ruled in favor of a Virginia student, but the Supreme Court sent the case back down for further consideration. That’s because the U.S. Department of Education, under President Donald Trump, withdrew guidance that said federal law called for treating transgender students equally, including allowing them to use the bathroom that matches their gender identity.
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