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High court revives ex-student’s suit against Georgia college
Court News |
2021/03/08 14:30
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The Supreme Court is reviving a lawsuit brought by a Georgia college student who sued school officials after being prevented from distributing Christian literature on campus.
The high court sided 8-1 with the student, Chike Uzuegbunam, and against Georgia Gwinnett College. Uzuegbunam has since graduated, and the public school in Lawrenceville, Georgia, has changed its policies. Lower courts said the case was moot, but the Supreme Court disagreed.
Groups across the political spectrum including the American Civil Liberties Union had said that the case is important to ensuring that people whose constitutional rights were violated can continue their cases even when governments reverse the policies they were challenging.
At issue was whether Uzuegbunam’s case could continue because he was only seeking so-called nominal damages of $1.
“This case asks whether an award of nominal damages by itself can redress a past injury. We hold that it can,” Justice Clarence Thomas wrote for a majority of the court.
Writing only for himself, Chief Justice John Roberts disagreed. Roberts argued that the case brought by Uzuegbunam and another student, Joseph Bradford, is moot since the two are no longer students at the college, the restrictions no longer exist and they “have not alleged actual damages.”
Writing about the symbolic dollar they are seeking, Roberts said that: “If nominal damages can preserve a live controversy, then federal courts will be required to give advisory opinions whenever a plaintiff tacks on a request for a dollar.” He accused his colleagues of “turning judges into advice columnists.”
It appears to be the first time in his more than 15 years on the court that the chief justice has filed a solo dissent in an argued case. That’s according to Adam Feldman, the creator of the Empirical SCOTUS blog, which tracks a variety of data about the court.
Uzuegbunam’s lawyer, Kristen Waggoner of the Arizona-based Alliance Defending Freedom, a group that focuses on faith-based cases, cheered the ruling. “We are pleased that the Supreme Court weighed in on the side of justice for those victims,” she said in a statement.
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State ordered to submit plan for mental health services
Legal Line News |
2021/03/04 11:40
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A federal judge has ordered Mississippi to file a plan to upgrade its mental health services as part of resolving litigation that’s been ongoing for at least half a decade.
U.S. District Judge Carlton Reeves last month ordered attorneys representing the state to file a systematic plan by April 30 to improve the state’s mental health services.
The state can either file an agreed-upon plan with the federal government or file a separate one if the state and federal government disagree on a remedial plan.
If Mississippi submits a jointly agreed plan with the federal government, that plan would mostly likely be the order the court agrees to, The Northeast Mississippi Daily Journal reported.
The state was forced to enter into a remedial process after Judge Reeves ruled in September 2019 that Mississippi was in violation of the federal Americans with Disabilities Act because there were inadequate resources in Mississippi communities to treat people with mental illnesses effectively.
“Despite the state’s episodic improvement, it operates a system that unlawfully discriminates against persons with serious mental illness,” Reeves said in the opinion.
The opinion concluded that Mississippians with mental illness were essentially being segregated to state-run hospitals instead of being treated within community centers.
The federal government first filed suit against the state over the services in 2016.
If the state’s attorneys cannot reach common ground, the Justice Department will file a separate proposed solution no later than 21 days after the state submits its own proposal.
Michael Hogan, the appointed special master who is ensuring the court’s wishes are carried out during the litigation, will have a chance to weigh in on any potential disagreements by June 4.
If the parties disagree on a plan to improve the state’s mental health services, Reeves will then issue a new order on which party’s plan he agrees with more. |
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Montana bill seeks to charge doctors assisting in suicides
Legal News Feed |
2021/03/01 11:37
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The Montana Senate is considering a bill that would make it illegal for doctors to help terminal patients take their own life.
The bill heard by the Senate Judiciary Committee on Friday would open doctors up to possible homicide charges if they prescribe a lethal dose of medication at the request of their patients.
A 2009 state Supreme Court decision protects doctors from prosecution for the practice, though it is not explicitly allowed in state law.
Supporters of the bill said that allowing physician-assisted death would send the wrong message to those considering suicide in the state. Montana has one of the highest suicide rates in the U.S.
“Once allowed this is a severely slippery slope,” said bill sponsor Republican Sen. Carl Glimm. “We need to show in every way we can that suicide is wrong.”
Opponents of the bill made clear that medically assisted death is not related to the state’s suicide rate. The practice is only available to those suffering from terminal disease.
“Medical aid in dying is not suicide. These patients are not depressed ? they are dying. There is a very big difference,” said Dr. Colette Kirchhoff, a hospice and palliative care physician from Bozeman. “It’s a way to alleviate suffering.”
Leslie Mutchler, the daughter of Robert Baxter, the plaintiff in the Montana Supreme Court case that allowed the practice, testified in opposition to the bill. Her son chose physician assistance to end his life in 2016 after being diagnosed with terminal pancreatic cancer.
“He gained so much peace of mind when he was able to obtain the life-ending medication from a physician,” Mutchler said. “It’s not suicide. It’s a life that is already ending. It is just a way to hasten it.”
Several states allow physician-assisted suicide, including California, Colorado, Hawaii, Maine, New Jersey, Oregon, Vermont and Washington.
Similar measures to criminalize physicians for the practice have faltered in Montana in every legislative session in the past decade ? when the bills have died before reaching the governor’s desk.
This year, the bill may find a more favorable fate with the support of the administration of Gov. Greg Gianforte, the state’s first Republican governor in 16 years. Lt. Gov. Kristen Juras testified in favor of the bill on Friday, saying the governor supports the measure.
Juras said two of her grandchildren are diagnosed with cystic fibrosis, a disease that causes persistent lung infections and over time reduces lung capacity.
“We are committed to walking with them through the hard days. I do not want you to send them the message when they have a tough day that suicide is an acceptable option,” she said. |
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Judge strikes down portions of Michigan towing law
Court News |
2021/02/24 09:38
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A judge has struck down portions of a Michigan towing law after low-income Detroit residents shared extraordinary stories of high fees and frustration about the whereabouts of their vehicles.
The case centered on the practices of Detroit police and a towing company. The decision by U.S. District Judge Judith Levy could force changes in a law that’s viewed as favorable to the towing industry.
Levy last week ordered Detroit to notify the state within 24 hours after police call for a vehicle to be towed. That information typically triggers a notice to the car owner.
There was no maximum deadline to report a towed vehicle under the law, attorney Jason Katz said Wednesday.
Vehicle owners also can ask a local court to suspend the immediate payment of towing and storage fees before they get a hearing to object to a car’s impoundment, the judge said.
“You have an opportunity to get into court and fight it,” Katz said. “I don’t think first asking for $1,000 is fair.”
Gerald Grays believed his car was stolen in 2016. More than two years later, he finally learned that his car had been towed. He was told he would have to pay $930 just to get a hearing in 36th District Court, according to the lawsuit.
Levy ordered Detroit to pay $2,000 to Grays and $1,500 each to two more people. There was no immediate comment from the city Wednesday.
While the case only involved Detroit, Levy’s decision could be applied elsewhere in Michigan, Katz said.
State attorneys defended the law when Republican Bill Schuette was attorney general but dropped out of the case after Democrat Dana Nessel took office in 2019. |
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