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Supreme Court: Ross can't be questioned in census suit
Lawyer Blog News | 2018/10/23 04:11
The Supreme Court is siding with the Trump administration to block the questioning of Commerce Secretary Wilbur Ross about his decision to add a citizenship question to the 2020 census.

The unsigned order Monday overrides lower federal courts in New York that would have allowed the questioning of Ross to proceed in lawsuits challenging the addition of a citizenship question on the decennial census for the first time since 1950.

The suits by a dozen states and big cities, among others, say the citizenship question will discourage immigrants from participating, diluting political representation and federal dollars for states that tend to vote Democratic.

But the court is allowing the deposition of acting assistant attorney general John Gore to go forward, over the dissent of Justices Neil Gorsuch and Clarence Thomas.

A trial is scheduled to begin in New York on Nov. 5, although Gorsuch suggested in a four-page opinion that U.S. District Judge Jesse Furman could delay the proceedings. Gorsuch said he "sees no reason to distinguish between Secretary Ross' deposition and those of other senior executive officials."

Furman based his ruling requiring Ross' deposition on concerns about Ross' truthfulness in relating how the decision to add the citizenship question came about. The judge noted that Ross claimed in March, when the decision to add the citizenship question was announced, that he considered adding it after a request to do so last December from the Justice Department.



Court to hear case over ID of Texas execution drug supplier
Lawyer Blog News | 2018/10/20 18:03
The Texas Supreme Court has reversed itself and granted the state's request to review a case dealing with the disclosure of an execution drug supplier that officials have fought for years to keep secret.

The Texas Supreme Court on Friday approved the state's appeal asking that it review a lower court's order that the state's prison agency must identify its execution drug supplier.

In June, the court had denied the state's request to review the ruling by Texas' 3rd Court of Appeals.

The case stems from a lawsuit seeking to identify the supplier Texas used in two 2014 executions. A measure was signed into law the next year allowing the state to keep future supplier records secret. Oral arguments in the case have been set for Jan. 23.



Supreme Court hopeful had DWI charge in 2009
Lawyer Blog News | 2018/10/18 16:47
A candidate for the North Carolina Supreme Court pleaded guilty more than nine years ago to trespassing and driving while impaired.

The Charlotte Observer reports Republican Chris Anglin was stopped by police in Greensboro in January 2009 and charged after he registered a blood-alcohol level of 0.14, nearly twice the legal limit. The following September, he pleaded guilty.

That December, Anglin was charged with attempted breaking and entering and pleaded guilty to second-degree trespassing. On Wednesday, he attributed both cases to struggles with alcohol in his 20s.

Both incidents happened while Anglin was a student at Elon University School of Law. He said that in 2010, he sought help for his drinking problem with a lawyer-assistance program. He said he's since gotten sober.

Anglin criticized N.C. Republican Party Executive Director Dallas Woodhouse for emailing Anglin's arrest records to a listserv the GOP maintains. Anglin has feuded with the GOP since he switched party affiliation and entered the Supreme Court race.

Woodhouse has previously said Anglin "will be treated like the enemy he is," and Anglin said the GOP is acting desperate "by sending something out that occurred almost a decade ago."

Republicans have described Anglin as a Democratic plant in the race and Woodhouse said as much Wednesday, writing that "Democrats had one of their own with a very questionable background pretend to be a Republican, so they could try and fool the voters."

Republican legislators responded earlier this summer to Anglin's campaign by passing a law, which was later overturned as unconstitutional, that would have banned Anglin from listing his Republican Party on the ballot even though his opponents could list their parties.

Anglin is one of three candidates seeking a place on the court. The other candidates are Barbara Jackson, a Republican who's seeking re-election, and Anita Earls, a Democrat and longtime civil rights lawyer.



Former FIFA official Makudi at court for ban appeal hearing
Lawyer Blog News | 2018/10/11 17:21
Former FIFA executive committee member Worawi Makudi is at the Court of Arbitration for Sport challenging his ban for forgery ahead of a Thailand soccer federation election.

Makudi said outside the court on Thursday he was "very confident. I didn't do anything wrong."

The former Thai federation president appealed against a 3 1/2-year ban by FIFA that expires in April 2020. He was also fined 10,000 Swiss francs ($10,100).

FIFA's ethics committee found him guilty of forgery, falsifying documents, and not cooperating with investigators. Makudi was alleged to have altered federation statutes before his 2013 re-election campaign.

He was convicted in a Bangkok criminal court, though said on Thursday that case was resolved in his favor.

"You know very clearly that the court in Thailand already decided I won the case, OK?" he said.

Makudi was a long-time ally of Qatar's Mohamed bin Hammam when sitting on FIFA's ruling committee for 18 years until 2015. He was voted out by Asian federations.


Kavanaugh to hear his 1st arguments as Supreme Court justice
Lawyer Blog News | 2018/10/11 17:19
A Supreme Court with a new conservative majority takes the bench as Brett Kavanaugh, narrowly confirmed after a bitter Senate battle, joins his new colleagues to hear his first arguments as a justice.

Kavanaugh will emerge Tuesday morning from behind the courtroom's red velvet curtains and take his seat alongside his eight colleagues. It will be a moment that conservatives have dreamed of for decades, with five solidly conservative justices on the bench.

Kavanaugh's predecessor, Justice Anthony Kennedy, who retired in June, was a more moderate conservative and sometimes sided with the court's four liberal justices. Kavanaugh, in contrast, is expected to be a more decidedly conservative vote, tilting the court right for decades and leaving Chief Justice John Roberts as the justice closest to the ideological middle.

With justices seated by seniority, President Donald Trump's two appointees will flank the Supreme Court bench, Justice Neil Gorsuch at one end and Kavanaugh at the other. Court watchers will be looking to see whether the new justice asks questions at arguments and, if so, what he asks. There will also be those looking for any lingering signs of Kavanaugh's heated, partisan confirmation fight. But the justices, who often highlight their efforts to work together as a collegial body, are likely to focus on the cases before them.

Republicans had hoped to confirm Kavanaugh in time for him to join the court on Oct. 1, the start of the new term. Instead, the former D.C. Circuit judge missed the first week of arguments as the Senate considered an allegation that he had sexually assaulted a woman in high school, an allegation he adamantly denied.

Kavanaugh was confirmed 50-48 Saturday, the closest vote to confirm a justice since 1881, and has had a busy three days since then. On Saturday evening, Kavanaugh took his oaths of office in a private ceremony at the Supreme Court while protesters chanted outside the court building.


The Latest: Authorities: Officer arrested for manslaughter
Lawyer Blog News | 2018/10/08 00:20
The Texas Department of Public Safety says a white Dallas police officer has been arrested on a manslaughter warrant in the shooting of a black man at his apartment.

The department said in a news release Sunday night that Officer Amber Guyger was booked into the Kaufman County Jail and that the investigation is ongoing. It said no additional information is available at this time. The 30-year-old Guyger killed 26-year-old Botham Jean on Thursday.

Police say Guyger shot and killed Jean after returning in uniform to the South Side Flats, where they both had apartments, following her shift. She reported the shooting to dispatchers and she told officers who responded that she had mistaken Jean's apartment for her own.

The lawyer for the family of a 26-year-old man who was shot and killed by a Dallas police officer who said she mistook his apartment for hers is calling for her to be charged.

S. Lee Merritt, who is representing the family of 26-year-old Botham Jean, said Saturday that the family isn't calling on the authorities to jump to conclusions or to deny Officer Amber Guyger her right to due process.

But he says they want Guyger "to be treated like every other citizen, and where there is evidence that they've committed a crime, that there's a warrant to be issued and an arrest to be made."

Online records show that Guyger hadn't been charged as of Sunday morning.


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