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Federal appeals court won’t stop health worker COVID mandate
Court Feed News | 2021/10/23 08:25
A federal judge has ruled that North Carolina’s flagship public university can continue to consider race as a factor in its undergraduate admissions, rebuffing a conservative group’s argument that affirmative action disadvantages white and Asian students.

U.S. District Judge Loretta Biggs ruled late Monday that the University of North Carolina has shown that it has a compelling reason to pursue a diverse student body and has demonstrated that measurable benefits come from that goal.

“In sum, the Court concludes that UNC has met its burden in demonstrating that it has a genuine and compelling interest in achieving the educational benefits of diversity,” Biggs wrote.

Students for Fair Admissions sued UNC in 2014, arguing that using race and ethnicity as a factor in college admissions violates the equal protection cause of the Constitution and federal civil rights law. The group contended that UNC had gone too far in using race as a factor in admissions and had thus “intentionally discriminated against certain of (its) members on the basis of their race, color, or ethnicity.”

The group’s president, Edward Blum, told The Associated Press in an interview Tuesday that it would appeal by day’s end to the United States Court of Appeals for the Fourth Circuit. His group already appealed a denial in a similar lawsuit against Harvard University. Blum said he hopes both cases get bundled together so that the U.S. Supreme Court rules simultaneously on private and public universities.

“Shame on Harvard, shame on UNC and shame on all universities who take federal funds from considering race as an element,” said Blum, who has long sought to rid college admissions of race-based admissions policies.

The Supreme Court in June asked the Justice Department to weigh in on Blum’s Harvard lawsuit, which was supported by former President Donald Trump’s administration. Trump’s Justice Department also challenged Yale University ’s admissions practices in a suit President Joe Biden’s administration dropped earlier this year.

UNC countered in court that its admission practices are legally and constitutionally permissible and that race-neutral alternatives would not enable it to achieve its diversity goals. Of roughly 20,000 undergraduate UNC students this fall 2021 semester, approximately 56% are white, nearly 13% Asian, about 10% Hispanic, and 8.5% Black, the university said.

“This decision makes clear the University’s holistic admissions approach is lawful,” said an emailed statement from Beth Keith, a spokesperson for the university. “We evaluate each student in a deliberate and thoughtful way, appreciating individual strengths, talents and contributions to a vibrant campus community where students from all backgrounds can excel and thrive.”

Judge Biggs wrote that she applied the U.S. Supreme Court’s University of Texas precedent, which established that schools may consider race in admissions in ways narrowly tailored to promote diversity.

She noted that UNC “offered a principled and reasoned explanation,” supported by research, for its pursuit of a diverse student body, citing a 2005 report by a UNC task force that its academic goals depend on “a critical mass” of students from underrepresented groups.

“The University has presented substantial evidence demonstrating its good faith in pursuing the educational benefits that flow from diversity,” the judge concluded.

The Lawyers’ Committee for Civil Rights Under Law represented a racially diverse group of students who intervened in the case demanding that the university to even more to support minorities. Its statement said considering race in admissions helps ensure that talented applicants from historically marginalized groups aren’t overlooked.

“As our clients demonstrated with their trial testimony and evidence, race is an integral part of a students’ identity, and must be treated as such during the admissions process,” attorney Genevieve Bonadies-Torres said.


Judge agrees to delay in sentencing for Gaetz friend
Lawyer Blog News | 2021/10/18 22:11
A federal judge on Monday agreed to push back until next year the sentencing for U.S. Rep. Matt Gaetz’s friend who pleaded guilty earlier this year to sex trafficking and other charges.

U.S. District Judge Gregory Presnell said sentencing for Joel Greenberg could be postponed from next month to next March during a hearing in federal court in Orlando. Greenberg’s attorney had asked for the delay so the former local tax collector can continue cooperating with federal authorities. Prosecutors agreed to the postponement.

Greenberg wasn’t present during the 20-minute hearing. The judge said he would set a new sentencing date in the future.

Greenberg is facing up to 12 years in prison after pleading guilty last May to six federal crimes, including sex trafficking of a child, identity theft, stalking, wire fraud, and conspiracy to bribe a public official.

Greenberg’s plea agreement with prosecutors requires continued cooperation with an ongoing probe into sex trafficking.

Gaetz, a Republican who represents much of the Florida Panhandle, was not mentioned in Greenberg’s plea agreement. But Greenberg’s cooperation could play a role in an ongoing investigation into Gaetz, who was accused of paying a 17-year-old girl for sex. Gaetz has denied the allegations and previously said they were part of an extortion plot.


Man arrested after paint thrown on Confederate monument
Lawyer Blog News | 2021/10/14 19:02
An Alabama man was arrested on criminal mischief and other charges after someone threw paint on a Confederate monument that has been the subject of protests at the Lauderdale County Courthouse, the TimesDaily reported.
Sheriff’s Lt. Joe Hamilton said a deputy assigned to provide security at the courthouse saw a man splash paint on the monument Thursday afternoon. The man ran away after seeing the deputy but was captured quickly, Hamilton said.
Courthouse workers used a garden hose to wash away the blue and purple paint, and most of the discoloration was gone within 30 minutes, the newspaper reported.
Seth Jones Robinson, 20, of Florence was charged with second-degree trespassing, third-degree criminal mischief, desecration of a venerated object and attempting to elude. Robinson was booked into the county jail, and court records weren’t available Thursday to show whether he had a lawyer who could speak on his behalf.
Erected in 1903, when Confederate veterans and their descendants were attempting to portray the South’s cause in the Civil War as noble, the monument has been the subject of complaints for years. Project Say Something, a group that opposes the memorial, has sought its removal but county commissioners cited a potential $25,000 state fine for refusing to do anything.


Appellate court sets hearing in South Carolina abortion case
Lawyer Blog News | 2021/10/11 22:06
An appellate court is set to debate a lawsuit challenging South Carolina’s abortion law about a week after the U.S. Supreme Court considers a similar measure in Mississippi.

The 4th U.S. Circuit Court of Appeals has tentatively calendared the South Carolina case for oral arguments the week of Dec. 6, according to an order from the court posted Friday.

Planned Parenthood is suing South Carolina to over the measure, which was signed into law by Republican Gov. Henry McMaster earlier this year and requires doctors to perform ultrasounds to check for a so-called “fetal heartbeat.” If cardiac activity — which can typically be detected about six weeks into pregnancy — is detected, the abortion can only be performed if the pregnancy was caused by rape or incest, or if the mother’s life is in danger.

Opponents have argued many women do not know they are pregnant at six weeks. And, they argue, with such an early deadline, the law gives women little time to consider whether to have an abortion.

Medical experts say the cardiac activity is not an actual heartbeat but rather an initial flutter of electric activity within cells in an embryo. They say the heart doesn’t begin to form until the fetus is at least nine weeks old, and they decry efforts to promote abortion bans by relying on medical inaccuracies.

A judge has blocked South Carolina’s law from going into effect pending the outcome of a challenge to Mississippi’s new abortion law, which the U.S. Supreme Court expects to hear Dec. 1.

Mississippi wants the high court to uphold its ban on most abortions after the 15th week of pregnancy, telling the court it should overrule the landmark Roe v. Wade decision guaranteeing a woman’s right to an abortion and the 1992 decision in Planned Parenthood v. Casey that prevents states from banning abortion before viability.


US Supreme Court allows lawsuit against troopers to proceed
Court Feed News | 2021/10/09 05:37
The U.S. Supreme Court declined to hear an appeal by two state police officers accused of failing to protect a woman from a man who went on a deadly rampage, allowing a civil lawsuit to proceed.

Troopers were accused of failing to do enough when Brittany Irish reported that her boyfriend kidnapped and sexually assaulted her and later set fire to a barn owned by her parents in July 2015.

Her request for police protection was denied.

Hours later, the boyfriend killed Irish’s boyfriend, 22-year-old Kyle Hewitt, and wounded her mother before proceeding to kill another man and wound two others across several towns in northern Maine.

The U.S. Supreme Court declined to hear the case on Monday but didn’t say why, the Portland Press Herald reported. The court’s decision means the troopers will not be protected by the legal concept of qualified immunity.

The attorney general’s office, which is defending the troopers, declined comment Tuesday on the lawsuit. Irish’s attorney didn’t immediately return a call seeking comment.

The man charged in the crime spree, Anthony Lord, pleaded guilty in 2017 to two counts of murder, two counts of attempted murder, aggravated assault and other charges. He’s serving two life sentences.

The lawsuit contends state police triggered the rampage when they called Lord’s cellphone, tipping him off that Brittany Irish had gone to police, instead of attempting to find or detain him. She said she’d warned police that Lord had threatened her if she spoke to authorities.

Later, police declined to post an officer outside her parents’ farmhouse in Benedicta, citing a lack of manpower.

The 1st U.S. Circuit Court of Appeals said jurors could conclude that police created the danger, removing the qualified immunity concept that normally protects officers from actions in the line of duty.

“The defendants’ apparent utter disregard for police procedure could contribute to a jury’s conclusion that the defendants conducted themselves in a manner that was deliberately indifferent to the danger they knowingly created,” the court said.


Commissioner sought to oversee 3 Ohio redistricting suits
Court Feed News | 2021/10/04 19:19
Attorneys in one of three lawsuits brought against Ohio’s newly drawn maps of legislative districts asked the state’s high court Monday to appoint a master commissioner to oversee the disputes.

Lawyers for voters represented by the National Democratic Redistricting Committee told the Ohio Supreme Court the special oversight is needed to resolve discovery disputes among three separate legal teams that have sued the Ohio Redistricting Commission.

The suits allege some overlapping and some separate violations of the Ohio Constitution by the panel, which was forced to pass four-year maps along party lines because majority Republicans failed to reach agreement with the panel’s two Democrats. The panel’s GOP members defend the maps of Ohio House and Ohio Senate as fair and constitutional.

They are predicted to continue to deliver supermajorities to Republicans in both chambers, though the state’s partisan breakdown is roughly 54% Republicans, 46% Democrats.

In their Monday filing, the National Democratic Redistricting Committee’s attorneys said that they have made good-faith efforts to work out disputes with fellow lawyers but that “it is already clear that some disputes are fundamental and will be irresolvable.”

Disagreements became apparent after a meeting on Friday, they said. Among areas where lawyers are at odds are whether members of the redistricting panel can be deposed, whether they must answer written questions and whether third parties can be questioned or asked to produce evidence.

The suits are the first to be brought under amendments to the Ohio Constitution that were approved overwhelmingly by the state’s voters in 2015.

The seven-member high court, made up of four Republicans and three Democrats, has exclusive jurisdiction in resolving redistricting disputes. It has set an expedited schedule for hearing the three cases, culminating in oral arguments Dec. 8.

The other two suits were brought by the American Civil Liberties Union on behalf of the League of Women Voters of Ohio, the A. Philip Randolph Institute and individual voters; and by the Council on American-Islamic Relations of Ohio, Ohio Organizing Collaborative and Ohio Environmental Council and individual voters.

Ohio Supreme Court Justice Pat DeWine has said he will not recuse himself, despite his father, Gov. Mike DeWine, is a member of the redistricting panel being sued. Both DeWines are Republicans.


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