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Court rejects Trump bid to end young immigrants’ protections
Current Legal Issues | 2020/06/17 10:20
The Supreme Court on Thursday rejected President Donald Trump’s effort to end legal protections for 650,000 young immigrants, the second stunning election-season rebuke from the court in a week after its ruling that it’s illegal to fire people because they’re gay or transgender.

Immigrants who are part of the 8-year-old Deferred Action for Childhood Arrivals Program will retain their protection from deportation and their authorization to work in the United States ? safe almost certainly at least through the November election, immigration experts said.

The 5-4 outcome, in which Chief Justice John Roberts and the four liberal justices were in the majority, seems certain to elevate the issue in Trump’s campaign, given the anti-immigrant rhetoric of his first presidential run in 2016 and immigration restrictions his administration has imposed since then.

The justices said the administration did not take the proper steps to end DACA, rejecting arguments that the program is illegal and that courts have no role to play in reviewing the decision to end it. The program covers people who have been in the United States since they were children and are in the country illegally. In some cases, they have no memory of any home other than the U.S.


Alaska Supreme Court justices call for system improvements
Current Legal Issues | 2020/06/07 09:06
The justices of the Alaska Supreme Court have called for improvements within the judicial system to ensure equitable and fair treatment for people of color. The four justices posted a letter online Friday saying there needs to be systematic improvements for African Americans, Alaska Natives and other groups.

The letter is addressed to “Fellow Alaskans” and signed by Chief Justice Joel Bolger and Justices Daniel Winfree, Peter Maassen and Susan Carney. Justice Craig Stowers retired June 1, and his seat has not yet been filled.

The justices referred to the ongoing social unrest sparked by the police killing of George Floyd in Minnesota. Floyd, 46, a black man, died May 25 after a white Minneapolis police officer pressed his knee on Floyd’s neck for nearly nine minutes while he was handcuffed and lying on the ground. His death prompted protests across the U.S. and around the world against police brutality and racial injustice.

“As we watch events unfolding in the aftermath of the death of George Floyd, we are saddened to see again that the ideals on which our society is founded are far from the reality of many people’s lives,” the letter said.



Supreme Court appears likely to reject Trump immunity claim
Current Legal Issues | 2020/05/10 13:25
The Supreme Court on Tuesday appeared likely to reject President Donald Trump’s claim that he is immune from criminal investigation while in office. But the court seemed less clear about exactly how to handle subpoenas from Congress and the Manhattan district attorney for Trump’s tax, bank and financial records.

The court’s major clash over presidential accountability could affect the  2020 presidential campaign, especially if a high court ruling leads to the release of personal financial information before Election Day.

The justices heard arguments in two cases by telephone Tuesday that stretched into the early afternoon. The court, which includes six justices age 65 or older, has been meeting by phone because of the coronavirus pandemic.

There was no apparent consensus about whether to ratify lower court rulings that the subpoenas to Trump’s accountant and banks are valid and should be enforced. The justices will meet by phone before the end of the week to take a preliminary vote on how those cases should come out, and decisions are expected by early summer.

On the same day Trump’s lawyers were telling the court that the subpoenas would be a distraction that no president can afford, Trump found the time to weigh in on a long string of unrelated issues on Twitter, about Elon Musk reopening Tesla’s California plant in defiance of local authorities, the credit he deserves for governors’ strong approval ratings for their handling of the virus outbreak, the anger Asian Americans feel “at what China has done to our Country,” oil prices, interest rates, his likely opponent in the November election and his critics.

The justices sounded particularly concerned in arguments over congressional subpoenas about whether a ruling validating the subpoenas would open the door to harassing future presidents.

“In your view, there is really no protection against the use of congressional subpoenas for the purpose of preventing the harassment of a president,” Justice Samuel Alito said to Douglas Letter, the lawyer for the House of Representatives.

Justice Stephen Breyer said he worried about a “future Sen. McCarthy,” a reference to the Communist-baiting Wisconsin senator from the 1950s, with subpoena power against a future president.

But in the case involving Manhattan District Attorney Cyrus Vance Jr.’s subpoena for Trump’s taxes, the justices showed little interest in the broadest argument made by Jay Sekulow, Trump’s lawyer, that a president can’t be investigated while he holds office.


Kansas' high court rules for governor on religious services
Current Legal Issues | 2020/04/12 11:50
The Kansas Supreme Court ruled Saturday that a Republican-dominated legislative panel exceeded its authority when it tried to overturn the Democratic governor’s executive order banning religious and funeral services of more than 10 people during the coronavirus pandemic.

The decision letting Gov. Laura Kelly’s order stand came after the justices heard oral arguments one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance. The Saturday hearing was the court’s first conducted completely via video conferencing.

The court ruled that legislative action designed to give the legislative leadership panel the ability to overrule Kelly’s executive orders was flawed and didn’t legally accomplish that.

The hearing, which was the court’s first conducted completely via video conferencing, came one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance.

“In this time of crisis, the question before the court is whether a seven-member legislative committee has the power to overrule the governor. The answer is no,” said Clay Britton, chief counsel for the governor.


Court denies Seattle’s bid for wealthy household income tax
Current Legal Issues | 2020/04/02 11:58
Washington’s Supreme Court has denied Seattle’s bid to reinstate an income tax on wealthy households.

In a majority decision, the Supreme Court on Thursday declined to review the city’s request to overturn rulings against the tax by a King County Superior Court judge and the state Court of Appeals, The Seattle Times reported.

Without issuing an opinion, Supreme Court dismissed Seattle’s petition for review and a petition written by the Economic Opportunity Institute, a Seattle-based progressive think tank.

A Supreme Court spokeswoman declined to report the tally and how each justice voted.

The ruling means Washington and its cities will remain barred from enacting graduated income taxes, with different rates based on wealth. But some advocates may still see a way to move forward, because the Supreme Court let stand a decision by the Court of Appeals last year to void a state law that banned taxes on net income.

“Seattle has the authority to adopt an income tax, and I believe we can craft a proposal that can help make our tax system less regressive,” Mayor Jenny Durkan said in a statement Friday.

“We are once again confronted with the reality that in times of crisis, those same residents that earn or have the least are the first to feel economic stings of job loss and instability,” Durkan added. “As we emerge from this emergency all of us need to rebuild a city that is more just and equitable.”


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