|
|
|
NC high court weighs if tracking sex offenders reasonable
Headline News |
2018/11/10 22:49
|
North Carolina's Supreme Court is re-evaluating whether forcing sex offenders to be perpetually tracked by GPS-linked devices, sometimes for the rest of their lives, is justified or a Constitution-violating unreasonable search.
The state's highest court next month takes up the case of repeat sex offender Torrey Grady. It comes three years after the U.S. Supreme Court ruled in his case that mandating GPS ankle monitors for ex-cons is a serious privacy concern.
"There's different possible outcomes of the case. One is that it's never reasonable at all. Another is that it's reasonable, maybe while the person is still on post-release supervision" for five years after prison release, said James Markham, a professor who focuses on criminal law at the University of North Carolina's School of Government. "Another possibility is that it's reasonable for the rest of their life."
Grady took his case to the nation's top court arguing that having his movements forever monitored violated his constitutional protection against unreasonable searches. The U.S. Supreme Court ruled that attaching a device to a person's body in order to track their movements qualifies as a "search" and a question of constitutional rights. But the decision left it up to states to decide whether imposed monitoring is reasonable, and for how long.
|
|
|
|
|
|
|
Trump moves to limit asylum; new rules challenged in court
Legal Career News |
2018/11/09 18:43
|
President Donald Trump issued a proclamation Friday to deny asylum to migrants who enter the country illegally, tightening the border as caravans of Central Americans slowly approach the United States. The plan was immediately challenged in court.
Trump invoked the same powers he used last year to impose a travel ban that was upheld by the Supreme Court. The new regulations are intended to circumvent laws stating that anyone is eligible for asylum no matter how he or she enters the country. About 70,000 people per year who enter the country illegally claim asylum, officials said.
“We need people in our country, but they have to come in legally,” Trump said Friday as he departed for Paris.
The American Civil Liberties Union and other legal groups swiftly sued in federal court in Northern California to block the regulations, arguing the measures were illegal.
“The president is simply trying to run roughshod over Congress’s decision to provide asylum to those in danger regardless of the manner of one’s entry,” said ACLU attorney Lee Gelernt.
The litigation also seeks to put the new rules on hold while the case progresses.
The regulations go into effect Saturday. They would be in place for at least three months but could be extended, and don’t affect people already in the country. The Justice Department said in a statement the regulations were lawful.
Trump’s announcement was the latest push to enforce a hard-line stance on immigration through regulatory changes and presidential orders, bypassing Congress, which has not passed any immigration law reform. But those efforts have been largely thwarted by legal challenges and, in the case of family separations this year, stymied by a global outcry that prompted Trump to retreat. |
|
|
|
|
|
|
Ginsburg, 85, hospitalized after fracturing 3 ribs in fall
Class Action News |
2018/11/07 10:39
|
Eighty-five-year-old Supreme Court Justice Ruth Bader Ginsburg fractured three ribs in a fall in her office at the court and is in the hospital, the court said Thursday.
The court’s oldest justice fell Wednesday evening, the court said. She called Supreme Court police to take her to George Washington University Hospital in Washington early Thursday after experiencing discomfort overnight, court spokeswoman Kathy Arberg said.
She was admitted to the hospital for treatment and observation after tests showed she fractured three ribs.
In her absence, the court went ahead Thursday with a courtroom ceremony welcoming new Justice Brett Kavanaugh, who joined the court last month. President Donald Trump and new acting Attorney General Matthew Whitaker were on hand.
Ginsburg has had a series of health problems. She broke two ribs in a fall in 2012. She has had two prior bouts with cancer and had a stent implanted to open a blocked artery in 2014. She also was hospitalized after a bad reaction to medicine in 2009.
But she has never missed Supreme Court arguments. The court won’t hear arguments again until Nov. 26.
Rib fractures are common among older adults, particularly after falls. The severity depends in part on whether the ribs are cracked or broken all the way through, and how many are broken. The extent of Ginsburg’s injury was not clear.
A complete break requires making sure the two ends are in alignment, so that a sharp piece of bone doesn’t puncture nearby blood vessels or organs. Broken ribs typically heal on their own in six weeks to a month, and patients are advised to limit strenuous activity. But they can be very painful and controlling pain is key. A chief complication is pneumonia, when patients don’t breathe deeply enough or cough enough because of the rib pain.
Appointed by President Bill Clinton in 1993, Ginsburg rebuffed suggestions from some liberals that she should step down in the first two years of President Barack Obama’s second term, when Democrats also controlled the Senate and would have been likely to confirm her successor.
She already has hired clerks for the term that extends into 2020, indicating she has no plans to retire. Ginsburg leads the court’s liberal wing. |
|
|
|
|
|
|
Bahrain opposition leader sentenced to life by high court
Lawyer Blog News |
2018/11/05 06:12
|
A Shiite cleric who was a central figure in Bahrain's 2011 Arab Spring protests was sentenced to life in prison Sunday on spying charges.
The ruling by the Supreme Court of Appeals came after Sheikh Ali Salman was acquitted of the charges by a lower court in June. Human rights groups and activists say the charges against him are politically-motivated and related to his work as a leading opposition figure.
The verdict was issued just weeks before parliamentary elections are set to take place without the Al-Wefaq political group Salman once led. Al-Wefaq, which was the tiny Gulf nation's largest Shiite opposition bloc, was ordered dissolved in 2016 as part of a crackdown on dissent in the kingdom, which has a Shiite majority but is ruled by a Sunni monarchy.
The state-run Bahrain News Agency reported the appellate court's decision Sunday without naming the defendants, saying three individuals were found guilty of the spying charges.
Human Rights First, an activist group, confirmed the ruling refers to Salman. His co-defendants in the case— Sheikh Hassan Ali Juma Sultan and Ali Mahdi Ali al-Aswad— are also former al-Wefaq officials.
The three faced charges of disclosing sensitive information to Qatar that could harm Bahrain's security in exchange for financial compensation. The state-run news agency said prosecutors presented recorded phone conversations as evidence.
Last year, Bahrain state television aired the recorded calls between Salman and Qatar's then-Prime Minister Sheikh Hamad bin Jassim Al Thani during the 2011 protests. |
|
|
|
|
|
|
Heated congressional, court races on Arkansas midterm ballot
Class Action News |
2018/11/03 13:13
|
A push by Democrats to flip a Republican-held congressional seat that represents the Little Rock area and a state Supreme Court race that has drawn heavy spending by a conservative interest group have drawn the most attention in Arkansas' midterm election.
The campaigns for the 2nd Congressional District and state Supreme Court seats became increasingly bitter and expensive in the run-up to Tuesday's election, especially from outside groups that have been airing attack ads and sending mailers. The races have overshadowed an election in which Democrats face long odds of making gains in the solidly Republican state.
The secretary of state's office hasn't predicted how many of Arkansas' nearly 1.8 million registered voters will cast ballots in the election, but more than 350,000 had voted early through Friday.
Republicans have a solid hold on Arkansas' four U.S. House seats and President Donald Trump easily won the state two years ago, but Democrats believe they have a chance to flip a Little Rock-area district by focusing on the incumbent's vote to repeal the federal health care law.
Democrat Clarke Tucker is trying to unseat two-term Republican Rep. French Hill in the 2nd Congressional District, which represents Little Rock and seven surrounding counties. Tucker is a state legislator who regularly talks about his battle with bladder cancer and his support for the Affordable Care Act, especially its protections for those with pre-existing conditions
|
|
|
|
|
|
|
Supreme Court agrees to hear Maryland cross memorial case
Employment Law |
2018/11/02 13:14
|
The Supreme Court agreed Friday to hear a case about whether a nearly 100-year-old, cross-shaped war memorial located on a Maryland highway median violates the Constitution's required separation of church and state, a case that could impact hundreds of similar monuments nationwide.
A federal appeals court in Virginia had previously ruled against the approximately four-story-tall cross. The judges said that it "has the primary effect of endorsing religion and excessively entangles the government in religion."
But the Maryland officials who maintain the memorial told the Supreme Court that the monument's context and history show it is intended to convey a secular message of remembrance, not a religious message. They said the appeals court's decision would "compel the removal or dismemberment of a cherished war memorial that has served as a site of solemn commemoration and civic unity for nearly a century." In urging the high court to take the case, officials argued that the lower court's decision puts at risk hundreds of other monuments nationwide.
The approximately 40-foot-tall cross at the center of the case is located in Bladensburg, Maryland, about 5 miles from the Supreme Court. Sometimes called the "Peace Cross," it was completed in 1925, and it honors 49 men from the surrounding county who died in World War I. A plaque on the cross' base lists the names of those soldiers, and both faces of the cross have a circle with the symbol of the American Legion, the veterans organization that helped raise money to build it.
Today, responsibility for the cross falls to a Maryland parks commission that took over ownership and maintenance of it in 1961 because of traffic safety concerns. The massive concrete structure could be dangerous to motorists if it were to fall or crumble. |
|
|
|
|
|
|
Recent Lawyer News Updates |
|
|
Lawyer News RSS
