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Court: Government can't block immigrant teens from abortion
U.S. Court News |
2018/03/27 23:15
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A federal court in Washington has told the Trump administration that the government can't interfere with the ability of pregnant immigrant teens being held in federal custody to obtain abortions.
A judge issued an order Friday evening barring the government from "interfering with or obstructing" pregnant minors' access to abortion counseling or abortions, among other things, while a lawsuit proceeds. The order covers pregnant minors being held in federal custody after entering the country illegally.
Lawyers for the Department of Health and Human Services, which is responsible for sheltering children who illegally enter the country unaccompanied by a parent, have said the department has a policy of "refusing to facilitate" abortions. And the director of the office that oversees the shelters has said he believes teens in his agency's care have no constitutional right to abortion.
The American Civil Liberties Union brought a lawsuit on behalf of the minors, which the judge overseeing the case also Friday allowed to go forward as a class action lawsuit.
"We have been able to secure justice for these young pregnant women in government custody who will no longer be subject to the government's policy of coercion and obstruction while the case continues," said ACLU attorney Brigitte Amiri after the judge's order became public.
The government can appeal the judge's order. A Department of Justice spokesman didn't immediately respond to an emailed request for comment Friday evening.
The health department said in a statement Saturday that it "strongly maintains that taxpayers are not responsible for facilitating the abortion of unaccompanied minors who entered the country illegally and are currently in the government's care." It said it is "working closely with the Justice Department to review the court's order and determine next steps."
The ACLU and Trump administration have been sparring for months over the government's policy. In a high-profile case last year, the ACLU represented a teen who entered the U.S. illegally in September and learned while in federal custody in Texas that she was pregnant.
The teen, referred to in court paperwork as Jane Doe, obtained a state court order permitting her to have an abortion and secured private funding to pay for it, but federal officials refused to transport her or temporarily release her so that others could take her to get the procedure.
The teen was ultimately able to get an abortion in October as a result of the lawsuit, but the Trump administration has accused the ACLU of misleading the government during the case, a charge the ACLU has denied. |
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Large Midwest energy project turns to ex-Missouri governor
U.S. Court News |
2018/03/22 23:16
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Stymied by state regulators, a renewable energy company seeking to build one of the nation's longest power lines across a large swath of the Midwest has turned to a prominent politician in an attempt to revive its $2.3 billion project.
Former Missouri Gov. Jay Nixon, now working as a private attorney after recently finishing 30 years in public office, is to argue Tuesday to the Missouri Supreme Court that utility regulators he appointed wrongly rejected the power line while relying on an incorrect court ruling written by a judge whom Nixon also appointed.
Should Nixon prevail in court, it could help clear a path for Houston-based Clean Line Energy Partners LLC to build a 780-mile (1,255-kilometer), high-voltage transmission line from the wind farms of western Kansas across Missouri and Illinois to Indiana, where it would feed into a power grid serving eastern states. Missouri had been the lone state blocking the project, until an Illinois appeals court in March also overturned that state's approval.
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Court hears case alleging unconstitutional 6th District gerrymander
Legal Line News |
2018/03/17 23:16
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U.S. Supreme Court justices expressed frustration with partisan gerrymandering on Wednesday as they heard arguments in a case challenging Maryland’s 6th Congressional District.
The case, which alleges a Democratic gerrymander in Maryland at the same time justices are considering the constitutionality of an alleged Republican gerrymander in Wisconsin, has some legal experts wondering whether the justices might be on the verge of establishing a standard that would allow judicial intervention in partisan gerrymandering cases for the first time in the court’s history.
The 6th District challenge was brought by seven Maryland residents, including three from Frederick County, who argue that the district — which includes southwestern parts of Frederick County and the city of Frederick — was unconstitutionally gerrymandered to favor Democrats and punish Republicans during the reapportionment process after the 2010 census.
The justices heard arguments in the Wisconsin political gerrymandering case in October, but have not yet released an opinion.
The Maryland and Wisconsin cases both focus on unconstitutional partisan gerrymandering, but there are some important differences. The Maryland case challenges the redrawing of a single federal district to favor Democrats, while the Wisconsin case is based on the statewide redrawing of Wisconsin State Assembly districts to favor Republicans.
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Facing death penalty, school shooting suspect in court
Legal News Feed |
2018/03/15 21:19
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Now formally facing the death penalty, the suspect in the Valentine’s Day school shooting that killed 17 people in Florida is headed for a court appearance Wednesday on a 34-count indictment.
An arraignment hearing is set for 19-year-old Nikolas Cruz, whose attorneys say he will plead guilty to all charges if the death penalty is not pursued in the Marjory Stoneman Douglas High School massacre. But Broward County State Attorney Michael Satz on Tuesday filed formal notice that prosecutors will indeed seek capital punishment.
Broward County Public Defender Howard Finkelstein, whose office is representing Cruz, has said there were so many warning signs that Cruz was mentally unstable and potentially violent, and that the death penalty might be going too far.
In an email Tuesday, Finkelstein said Cruz is “immediately ready” to plead guilty in return for 34 consecutive life sentences.
“We are not saying he is not guilty but we can’t plead guilty while death is still on the table,” Finkelstein said.
If Cruz does not enter a plea himself — known as standing mute before the court — a not guilty plea will likely be entered on his behalf by Broward Circuit Judge Elizabeth Scherer to keep the legal process moving along, his attorneys have said.
In every case, there is always the possibility of a plea deal. The only other penalty option for Cruz, if convicted, is life in prison with no possibility of parole.
Fred Guttenberg, whose daughter Jamie Guttenberg died in the shooting, was angry the state decided to pursue the death penalty, noting how tortuously long capital punishment cases last.
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