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Roberts a pivotal vote in the Supreme Court's big opinions
Lawyer News Press |
2020/07/01 21:46
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The biggest cases of the Supreme Court term so far have a surprising common thread. On a court with five Republican appointees, the liberal justices have been in the majority in rulings that make workplace discrimination against gay and transgender people illegal, protect young immigrants from deportation and, as of Monday, struck down a Louisiana law that restricted abortion providers.
As surprising, Chief Justice John Roberts, a conservative nominated by President George W. Bush who has led the court for nearly 15 years, has joined his liberal colleagues in all three. Since the retirement of Justice Anthony Kennedy in 2018, Roberts has played a pivotal role in determining how far the court will go in cases where the court's four liberals and four conservatives are closely divided.
Here's a look at where Roberts stood in the abortion, immigration and LGBT cases, his history on the court and what's at stake in coming decisions in which Roberts could play a key role:
On Monday, Roberts joined liberal justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan in striking down Louisiana's Act 620. The justices ruled that the law requiring doctors who perform abortions to have admitting privileges at nearby hospitals violates the abortion rights the court first announced in the landmark 1973 Roe v. Wade decision.
But Roberts' reason for siding with the liberals had less to do with his feelings on abortion than with his feelings on whether the court should do an abrupt about-face. Four years ago the court's four liberal members and Justice Kennedy struck down a Texas law nearly identical to Louisiana's. At the time, Roberts was a vote in dissent. But with Kennedy's retirement and replacement by conservative Justice Brett Kavanaugh, many conservatives had hoped the result in the Louisiana case would be different. Not so, Roberts wrote: “The result in this case is controlled by our decision four years ago."
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Black Lives Matter rallies start in Australia amid court ban
Lawyer News Press |
2020/06/06 09:24
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The first of several Black Lives Matter protests across Australia on Saturday got underway against a backdrop of possible clashes between demonstrators and police in Sydney, after a court sided with police that the gathering posed too much risk for spreading the coronavirus.
The first gathering in the southern city of Adelaide was held to honor George Floyd and to protest against the deaths of indigenous Australians in custody.
That was the plan in Sydney as well, where thousands of people were expected to rally. But New South Wales state Supreme Court Justice Des Fagan ruled on Friday that the rally was not an authorized public assembly. Fagan said he understood the rally was designed to coincide with similar events in other countries.
“I don’t diminish the importance of the issues and no one would deny them in normal circumstances,” he said. “No one denies them that but we’re talking about a situation of a health crisis.”
Floyd, a black man, died in handcuffs while a Minneapolis police officer pressed a knee on his neck even after he pleaded for air and stopped moving. In Sydney, outdoor gatherings are restricted to 10 people, while up to 50 people can go to funerals, places of worship, restaurants, pubs and cafes.
Sydney rally organizers, before deciding to lodge a last-minute appeal to Fagan’s ruling, urged anyone still wishing to attend “as an individual” to obey social distancing and wear masks to ensure safety. On Friday, 2,000 demonstrators gathered in the national capital Canberra to remind Australians that the racial inequality underscored by Floyd’s death was not unique to the United States.
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Court issues temporary restraining order on Gov. Kelly's order
Lawyer News Press |
2020/04/19 23:27
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A federal judge issued a limited temporary restraining order on Governor Kelly's order banning religious gatherings of ten or more people. The ruling was made by Judge John W. Broomes Saturday evening.
Kelly responded, saying, "This is not about religion. This is about a public health crisis,” Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.”
A telephone conference call had be arranged to hear arguments from attorneys. Broomes also set a time for a preliminary injunction hearing on Wednesday at the federal courthouse in Wichita.
Court issues temporary restraining order on Gov. Kelly's order
The churches and their pastors filed a federal lawsuit Thursday against Kelly, arguing that the directive violates their religious and free-speech rights, as well as their right to assembly.
A federal judge issued a limited temporary restraining order on Governor Kelly's order banning religious gatherings of ten or more people.
The ruling was made by Judge John W. Broomes Saturday evening.
Kelly responded, saying, "This is not about religion. This is about a public health crisis,” Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.”
A telephone conference call had be arranged to hear arguments from attorneys. Broomes also set a time for a preliminary injunction hearing on Wednesday at the federal courthouse in Wichita.
The churches and their pastors filed a federal lawsuit Thursday against Kelly, arguing that the directive violates their religious and free-speech rights, as well as their right to assembly. |
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Supreme Court to hear abortion regulation case
Lawyer News Press |
2019/10/04 12:04
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The Supreme Court agreed Friday to plunge into the abortion debate in the midst of the 2020 presidential campaign, taking on a Louisiana case that could reveal how willing the more conservative court is to chip away at abortion rights.
The justices will examine a Louisiana law requiring doctors who perform abortions to have admitting privileges at a nearby hospital. The law is virtually identical to one in Texas that the Supreme Court struck down in 2016, when Justice Anthony Kennedy was on the bench and before the addition of President Donald Trump’s two high court picks, Justices Neil Gorsuch and Brett Kavanaugh, who have shifted the court to the right.
The court’s new term begins Monday, but arguments in the Louisiana case won’t take place until the winter. A decision is likely to come by the end of June, four months before the presidential election.
The Supreme Court temporarily blocked the Louisiana law from taking effect in February, when Chief Justice John Roberts joined the court’s four liberal justices to put it on hold. Kavanaugh and Gorsuch were among the four conservatives who would have allowed the law to take effect.
Those preliminary votes do not bind the justices when they undertake a thorough review of an issue, but they often signal how a case will come out.
Roberts’ vote to block the Louisiana law was a rare vote against an abortion restriction in his more than 13 years as chief justice. That may reflect his new role since Kennedy’s retirement as the court’s swing justice, his concern about the court being perceived as a partisan institution and respect for a prior decision of the court, even one he disagreed with. |
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Trial begins Monday in Kansas abortion stalking lawsuit
Lawyer News Press |
2019/09/29 23:22
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A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester.
Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart.
The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later.
U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution.
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