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Judge waives waiting period for gay Iowa couple
Legal Line News |
2009/04/27 09:33
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A same-sex Iowa couple will be allowed to wed as soon as Monday after a judge allowed them to bypass the state's three-day waiting period.
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Melisa Keeton and Shelley Wolfe of Des Moines received their waiver by 9 a.m./ppSame-sex couples in Iowa began applying for marriage license Monday after a state Supreme Court ruling legalizing gay unions took effect./ppThe high court issued an order early in the day confirming that the appeals process in the case has officially concluded./ppThe Iowa Supreme Court's unanimous and emphatic decision on April 3 made Iowa the third state to allow same-sex marriage, joining Massachusetts and Connecticut. Vermont has passed a law that will take effect in September./p |
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Judge in LA orders green card cases reopened
Legal Line News |
2009/04/24 09:33
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A federal judge tentatively ordered the Department of Homeland Security to reopen the cases of 22 people who were denied green cards because their American spouses died during the application process.
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U.S. District Judge Christina A. Snyder ruled the so-called widow penalty doesn't necessarily require that immigrants' permanent residency applications be denied when their American spouses die. Citing a 2006 decision by the 9th U.S. Circuit Court of Appeals, Snyder ruled this week that applicants don't lose their status as spouses of U.S. citizens if the death occurs before the government rules on their applications./ppThe decision, if made final, would be a victory for more than 200 people across the country who have been affected by the widow penalty, said attorney Brent Renison, who filed the class-action lawsuit in Los Angeles./ppThis case is very significant because it's the first that follows the circuit court decision and gives guidance to the agency on what it can and cannot do in these situations, Renison told The Associated Press on Tuesday./ppThe U.S. Citizenship and Immigration Service has argued the law requires that residency applications be rejected for immigrants whose American spouses die within two years of being married./p |
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Discrimination claim appears to divide high court
Law Firm News |
2009/04/23 09:32
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A divided Supreme Court took up its first examination of race in the Obama era Wednesday, wrestling with claims of job discrimination by white firefighters in a case that could force changes in employment practices nationwide.
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The case from New Haven, Conn., pits white firefighters, who showed up at the court Wednesday in their dress uniforms, against the city over its decision to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results./ppAs is often the case with closely fought social issues at the court, Justice Anthony Kennedy appeared to hold the key to the outcome. He seemed concerned that New Haven scuttled the test without determining that there were flaws that might have led to the racially disproportionate results./ppSo shouldn't there be some standard that there has to be a significant, a strong showing after the test has been taken that it's deficient? Before it can be set aside? he said./ppKennedy often frowns on racial classifications, yet he is not as opposed to drawing distinctions on the basis of race as his more conservative colleagues./ppBut where Kennedy saw shades of gray, the rest of the court seemed to view the case clearly in terms of black and white./p |
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Supreme Court limits warrantless vehicle searches
Legal News |
2009/04/22 09:33
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The Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers.
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The court's 5-4 decision puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect./ppJustice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence of a crime will be found./ppWhen these justifications are absent, a search of an arrestee's vehicle will be unreasonable unless police obtain a warrant, Stevens said./ppJustice Samuel Alito, in dissent, complained that the decision upsets police practice that has developed since the court first authorized warrantless searches immediately following an arrest./ppThere are cases in which it is unclear whether an arrestee could retrieve a weapon or evidence, Alito said./p |
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