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Federal judge leaves CDC evictions moratorium in place
Court Feed News |
2021/08/16 00:10
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A federal judge is refusing landlords’ request to put the Biden administration’s new eviction moratorium on hold, though she made clear she thinks it’s illegal.
U.S. District Judge Dabney Friedrich on Friday said her “hands are tied” by an appellate ruling the last time courts considered the evictions moratorium in the spring.
Alabama landlords who are challenging the moratorium are likely to appeal.
Friedrich wrote that the new temporary ban on evictions the Centers for Disease Control and Prevention imposed last week is substantially similar to the version she ruled was illegal in May. At the time, Freidrich put her ruling on hold to allow the administration to appeal.
This time, she said, she is bound to follow a ruling from the appeals court that sits above her, the U.S. Court of Appeals for the District of Columbia Circuit.
If the D.C. Circuit doesn’t give the landlords what they want, they are expected to seek Supreme Court involvement.
In late June, the high court refused by a 5-4 vote to allow evictions to resume. Justice Brett Kavanaugh, part of the slim majority, said he agreed with Friedrich, but was voting to keep the moratorium in place because it was set to expire at the end of July.
Kavanaugh said then that he would reject any additional extension without clear authorization from Congress, which has not been able to take action.
In discussing the new moratorium last week, President Joe Biden acknowledged there were questions about its legality, but said a court fight over the new CDC order would buy time for the distribution of some of the $45 billion in rental assistance that has been approved but not yet used.
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Why Law Firms Need a Web Presence
Court Feed News |
2021/08/14 04:59
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Why Law Firms Need a Web Presence. The question might no longer be “Why don’t you have a website?” but instead, “How can you not have a website?” With more than 97% of Americans with internet access, websites today have an inherent ability to help your firm reach existing clients and acquire new clients.
When people require the services of an attorney, the internet is now the first place they will search. Once on a website, their experience, whether positive or negative, makes all the difference in converting a potential visitor to a new client. A frustrated website user is a lost user, one that will most likely leave your website. Ensuring your website is fast, easy to find online, and responsive to different viewing experiences is of the utmost importance.
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Court tosses ruling against Pennsylvania COVID-19 measures
Court Feed News |
2021/08/11 18:10
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A federal appeals court has dismissed a judge’s ruling that threw out Gov. Tom Wolf’s sweeping COVID-19 restrictions, saying the issue is now moot because statewide mitigation measures have expired and Pennsylvania voters have since constrained a governor’s emergency powers.
The 3rd U.S. Circuit Court of Appeals ruled that since Wolf’s stay-at-home order, limits on crowd size and business closures are no longer in effect, there is “consequently no relief that this court can grant.”
The Philadelphia-based appeals court also noted that Pennsylvania voters in May approved amendments to the state constitution that give lawmakers much more power over disaster declarations.
The appeals court’s order instructed U.S. District Judge William Stickman IV to vacate his nearly year-old ruling that Wolf’s pandemic restrictions were overreaching and arbitrary and violated citizens’ constitutional rights. The appeals court had previously put the ruling on hold while the Wolf administration appealed.
Stickman, who was appointed by former President Donald Trump, had sided with plaintiffs that included hair salons, drive-in movie theaters, a farmer’s market vendor, a horse trainer and several Republican officeholders in their lawsuit against Wolf, a Democrat, and his health secretary.
Writing separately, 3rd Circuit Judge Kent Jordan said that while he agreed with the majority that the case is legally moot, he noted the Wolf administration has said the constitutional amendments do not affect a state health secretary’s disease-prevention authority to issue mask-wearing and stay-at-home orders or shut down schools and nonessential businesses.
At the same time, Wolf administration officials have said they have no intention of restoring such statewide mitigation measures, even as the highly contagious delta variant of the coronavirus has led to sharply rising infections and hospitalizations.
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Order: Mississippi judges have discretion for COVID safety
Court Feed News |
2021/08/09 08:34
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Mississippi judges have the power to delay trials, limit the number of spectators in courtrooms or take other steps to try to slow the spread of COVID-19, the leader of the state Supreme Court says in an emergency order.
Chief Justice Michael Randolph issued the order Thursday in response to the rapid spread of illness caused by highly contagious delta variant of the virus.
Mississippi has one of the lowest COVID-19 vaccination rates in the nation, and the state health officer, Dr. Thomas Dobbs, said Friday that 97% of new cases of COVID-19 in Mississippi are among people who are unvaccinated.
Randolph’s order said judges may postpone jury trials that are scheduled through Sept. 10. In addition to limiting the number of spectators in courtrooms, judges may require people to wear masks and maintain distance between each other. The order encouraged courts to use teleconferencing and videoconferencing, when possible.
Plea hearings in felony cases must still take place in person, but defendants and others in the courtrooms should wear masks and maintain social distancing.
“Any in-person proceedings shall be limited to attorneys, parties, witnesses, security officers, members of the press and other necessary persons, as determined by the trial judge,” Randolph wrote.
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Nepal’s Supreme Court reinstates dissolved lower house
Court Feed News |
2021/07/12 17:19
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Nepal’s Supreme Court reinstated the House of Representatives on Monday and upheld the leader of the opposition’s claim to be the new prime minister.
The 167-page court order removes Prime Minister Khadga Prasad Oli, who had been running a caretaker government until planned elections.
In May, Oli directed the president to dissolve the House of Representatives, Parliament’s lower house, and announce new elections later this year. The decision was challenged in the Supreme Court by a coalition of opposition parties that said they had the support of a majority in Parliament to form a new government.
The Supreme Court also ruled Monday that the reinstated House of Representatives should meet within a week, when the leader of the main opposition party, Sher Bahadur Deuba, is expected to call a vote of confidence.
There was no immediate comment from Oli’s office or his aides.
Hundreds of Oli’s supporters gathered outside the Supreme Court to oppose the court decision.
“We are here to protest the unconstitutional decision by the Supreme Court, which was interfering with the affairs of the Parliament and its rights,” said one of the protesters, Ramesh Acharya.
The protesters briefly scuffled with riot police who were able to push them back. There were no injuries or arrests.
More protests are likely later in the week because Oli still has significant support among the public.
It is the second time the Supreme Court has reinstated the House of Representatives this year after it was dissolved by Oli.
He had the House of Representatives dissolved in December and called for new elections in April, but that was rejected by the Supreme Court and the lower house was reinstated in February. Oli again had the president dissolve the House of Representatives in May with elections planned for November.
Oli became prime minister in 2018 after the Communist Party of Nepal won a majority of the seats in the House of Representatives. The party, however, has had two splits this year, weakening Oli’s hold on power.
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Michigan court won’t extend voting redistricting deadline
Court Feed News |
2021/07/09 17:37
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The Michigan Supreme Court on Friday denied a request to extend the deadline for drawing new legislative and congressional maps despite a delay in census redistricting data.
The Independent Citizens Redistricting Commission, whose members have been meeting since September 2020, asked the court in April to allow for more time to draw the maps.
The current deadline for an initial proposal is Sept. 17, but the U.S. Census Bureau does not expect to have tabulated data ready for the public until Sept. 30. The commission asserts that the census data is necessary to draw fair and lawful maps.
With its decision, the Supreme Court declined to protect the commission from lawsuits due to any delays. In a statement, justices acknowledged that the commission’s lawyers have already said the commission will operate on a delayed schedule, with or without permission.
The commission was established by voters in 2018 to limit gerrymandering by having randomly selected Michigan residents, representing balanced political alignments, draw voting district boundaries every 10 years instead of the Legislature. The release of census data was delayed from a March 31 deadline because of the pandemic.
The court acknowledged that it believes the commission has been working diligently and through no fault of its own has been put in a difficult position to present fair voting maps, but said there isn’t a sufficient legal reason to preemptively extend the deadline.
Lawyers for the commission and Secretary of State Jocelyn Benson have said they will try to propose new maps by Dec. 11 and have them finalized by Jan. 25, three months after the original Nov. 1 deadline set by the state’s constitution.
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