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Supreme Court won't revive North Carolina abortion law
Law Firm Press | 2015/06/17 16:07
The Supreme Court has rejected an appeal from North Carolina to revive a requirement that abortion providers show and describe an ultrasound to the pregnant woman before she has an abortion.
 
The justices on Monday left in place an appeals court decision that said the 2011 North Carolina law was "ideological in intent" and violated doctors' free-speech rights.

The North Carolina law would have required abortion providers to display and describe the ultrasound even if the woman refused to look and listen — a mandate that the court found particularly troublesome.

The Guttmacher Institute says North Carolina is among 23 states, mostly in the South and the Midwest, that passed laws dealing with the administration of ultrasounds by abortion providers.

Justice Antonin Scalia voted to hear the appeal.


High court says immigration deadlines can be extended
Legal News Feed | 2015/06/15 16:06
The Supreme Court says federal appeals courts have authority to decide whether people facing deportation should be able to extend the deadlines in immigration proceedings.
 
The justices ruled Monday in favor of Noel Reyes Mata, a Mexican citizen who had lived in the United States for nearly 15 years. The government began deportation proceedings after he pleaded guilty to an assault charge.  

An immigration judge ordered him deported. Mata appealed, but his lawyer failed to file paperwork within the 90 days required. A new attorney tried to reopen the case, but the Board of Immigration Appeals refused.

Mata appealed to the 5th Circuit U.S. Court of Appeals, but the court said it had no authority to order a deadline extension.


Appeals court hears arguments over Garner grand jury record
Court News | 2015/06/10 16:06
An appeals court is revisiting the issue of whether the grand jury record in the Eric Garner chokehold death case should stay sealed.
 
The three-judge panel is scheduled to hear arguments Tuesday morning in Brooklyn.

A judge on Staten Island had ruled in March that the records would remain under seal. The parties seeking the release of the minutes appealed. They include the New York Civil Liberties Union, Legal Aid Society and the Public Advocate's office.

Officers stopped Garner last summer on suspicion of illegal cigarette sales. In the course of taking him into custody, an officer wrapped his arm around Garner's neck. Garner lost consciousness and died.

The NYCLU and others had asked the court to order the Staten Island district attorney to release the grand jury transcript.


Another Arizona immigration law dismantled by the courts
Court News | 2015/06/05 01:06
The U.S. Supreme Court landed the final blow against an Arizona law that denied bail to immigrants who are in the country illegally and are charged with certain felonies, marking the latest in a series of state immigration policies that have since been thrown out by the courts.

The nation's highest court on Monday rejected a bid from metro Phoenix's top prosecutor and sheriff to reinstate the 2006 law after a lower appeals court concluded late last year that it violated civil rights by imposing punishment before trial.

While a small number of Arizona's immigration laws have been upheld, the courts have slowly dismantled most of the other statutes that sought to draw local police into immigration enforcement.

"At this point, we can say that was a failed experiment," said Cecillia Wang, an attorney for the American Civil Liberties Union who led the challenge of the law. "Like the rest of the country, Arizona should move on from that failed experiment."

Voters overwhelmingly approved the no-bail law as the state's politicians were feeling pressure to take action on illegal immigration. It automatically denied bail to immigrants charged with a range of felonies that included shoplifting, aggravated identity theft, sexual assault and murder.



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