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Simple math suggests complex back story at Supreme Court
Legal Opinions |
2020/06/18 10:22
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Organizers of a Michigan ballot drive to prohibit discrimination against gay, lesbian and transgender people said Monday they were evaluating whether to continue following a major victory in the U.S. Supreme Court.
Fair and Equal Michigan launched the ballot effort in January after years of being unable to pass LGBT protections through the Republican-led state Legislature. The proposal would change a 1976 civil rights law that bans discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.
The Supreme Court ruled Monday that a key provision of a 1964 federal law that bars job discrimination due to sex encompasses bias against LGBT workers. The 6-3 decision does not directly affect discrimination in housing or public facilities.
One of the lawsuits was brought by a Detroit-area transgender woman who was fired by a funeral home after she no longer wanted to be recognized as a man. Aimee Stephens died last month.
Trevor Thomas, co-chairman of the ballot committee, called the ruling “great news” and said the group’s lawyer would advise “how it will impact people in the state of Michigan and our campaign moving forward.” |
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Court rejects Trump bid to end young immigrants’ protections
Legal Line News |
2020/06/17 10:20
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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. |
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Tennessee Supreme Court delays second execution due to pandemic
Law Firm News |
2020/06/14 09:52
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The Tennessee Supreme Court on Friday issued a stay of execution for a second death row inmate because of the coronavirus pandemic. Byron Black's execution was scheduled for Oct. 8, but the court moved it to April 8, 2021.
Attorneys for the 64-year-old Black had said the pandemic made it impossible to have a hearing on whether Black is competent to be executed. They also wrote that the health crisis is interfering with his ability to prepare for a clemency request.
The court also extended until January Black's deadline for a petition alleging incompetence. The previous deadline was next month. "The stay will help protect guards, witnesses, attorneys representing the prisoners, attorneys for the State, and everyone else involved in these cases," said Kelley Henry, supervisory assistant federal public defender.
Henry said Black has mental defects and medical issues. "For the court to evaluate Mr. Black's competency, it would need to hear from mental health experts who are out of state and can't travel to Tennessee to examine Mr. Black in the prison at this time," Henry said. "The stay in Mr. Black's case was absolutely necessary."
Tennessee's attorney general opposed Black's motion to delay his execution. Attorney General Herbert Slatery wrote in Supreme Court filings that attorneys for Black and another inmate who sought a stay, Harold Nichols, were speculating about future public health conditions in their delay requests.
Black was convicted by a Nashville court of murdering his girlfriend Angela Clay and her daughters Latoya, 9, and Lakesha, 6, at their home in 1988. Prosecutors said he shot the three during a jealous rage. Black was on work release at the time for shooting and wounding Clay's estranged husband.
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Brazil obeys court order to resume providing full virus data
Court News |
2020/06/13 09:54
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A Brazilian Supreme Court justice ordered the government of President Jair Bolsonaro to resume publication of full COVID-19 data, including the cumulative death toll, following allegations the government was trying to hide the severity of the pandemic in Latin America’s biggest country.
Justice Alexandre de Moraes said late Monday that the government is obliged to provide necessary information to Brazilian citizens, days after the Health Ministry scrubbed the cumulative death toll from the new coronavirus from its website. De Moraes said in his decision that the gravity of the pandemic, which has killed more than 38,400 Brazilians, requires transparency from the government as the country shapes policies to curb the virus.
Brazil’s health ministry stopped publishing the number of total COVID-19 deaths and confirmed coronavirus cases on Friday.
The restriction on the release of data, combined with its announcement after evening news programs had ended, generated widespread criticism. Gilmar Mendes, another Supreme Court justice, said Saturday that manipulation of data is a tactic of authoritarian regimes and that hiding the numbers wouldn’t exempt the government from responsibility for the pandemic’s heavy toll in Brazil.
Facing intense criticism, a top Health Ministry official told reporters Monday night that the ministry would restore the cumulative death toll to its website, but with changes to the methodology for how daily deaths are tallied.
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