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Court takes another look at Native American adoption law
Law Firm News |
2020/01/22 16:14
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A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments. |
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Supreme Court won’t take case prompted by Flint water crisis
Law Firm News |
2020/01/21 16:18
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Tucked in a windowless room of Chicago’s immigration court, one of the nation’s largest legal advocacy groups for immigrants runs a free help desk.
Their pace is dizzying. Most days, there’s a line outside the door, with some cases taking years to resolve. Attorneys have no printer and make copies by hand. They rarely take breaks, even to use the bathroom.
“Attorneys are spending so much time on work that is effectively meaningless,” said Ashley Huebner with the Chicago-based National Immigrant Justice Center, which staffs the legal help desk. “It’s unnecessary, bureaucratic red tape gone crazy.”
Notices to appear in court list times or dates when courts aren’t in session. Immigrants who don’t get copies of their asylum paperwork at the border must file formal Freedom of Information Act requests, which can take time and money. And the Trump administration has all but shut down interactions between government and immigration attorneys outside court, even for mundane matters like finding out when there’s a hearing.
The legal help desk is inside the main immigration court in a downtown high-rise. The National Immigrant Justice Center began a privately funded version of the program in 2013, which was expanded in 2016 with federal funding. Currently, the Department of Justice’s Executive Office for Immigration Review administers similar desks in four other cities: Los Angeles, Miami, New York and San Antonio.
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Supreme Court rejects fast-track review of health care suit
U.S. Court News |
2020/01/19 16:14
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The Supreme Court refused Tuesday to consider a fast-track review of a lawsuit that threatens the Obama-era health care law, making it highly unlikely that the justices would decide the case before the 2020 election.
The court denied a request by 20 mainly Democratic states and the Democratic-led House of Representatives to decide quickly on a lower-court ruling that declared part of the statute unconstitutional and cast a cloud over the rest.
Defenders of the Affordable Care Act argued that the issues raised by the case are too important to let the litigation drag on for months or years in lower courts, and that the 5th U.S. Circuit Court of Appeals in New Orleans erred when it struck down the health law's now toothless requirement that Americans have health insurance.
The justices did not comment on their order. They will consider the appeal on their normal timetable and could decide in the coming months whether to take up the case. |
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PolyMet will appeal permit ruling to Minnesota Supreme Court
Legal News |
2020/01/18 16:19
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PolyMet Mining Inc. said Thursday it will ask the Minnesota Supreme Court to overturn a ruling that canceled three permits needed for its proposed copper-nickel mine in northeastern Minnesota.
PolyMet President and CEO Jon Cherry said in a statement that Monday's decision from the Court of Appeals has far-reaching impacts for Minnesota and any future project that depends on state permits
The appeals court gave environmentalists a big victory by sending the dispute back to the Department of Natural Resources for a trial-like contested case hearing before a neutral administrative law judge on the project's environmental risks.
PolyMet pointed out that the DNR has already held a 15-year-long environmental review and permitting process that included numerous chances for the public to weigh in.
“No other company in the history of the state has been subjected to anywhere near the time and cost that was associated with this permitting process,” Cherry said. “We did everything the state and the law required, and more. And the process confirmed that our project will be protective of human health and the environment."
The company said it will file its petition with the Supreme Court within the 30-day deadline.
DNR spokesman Chris Niskanen said the agency has not decided whether to appeal. |
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