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Supreme Court sides with government in immigration case
Court News | 2020/04/26 13:31
The Supreme Court is making it harder for noncitizens who are authorized to live permanently in the United States to argue they should be allowed to stay in the country if they've committed crimes.

The decision Thursday split the court 5-4 along ideological lines. The decision came in the case of Andre Barton, a Jamaican national and green card holder. In 1996, when he was a teenager, he was present when a friend fired a gun at the home of Barton's ex-girlfriend in Georgia. And in 2007 and 2008, he was convicted of drug possession in the state.

His crimes made him eligible to be deported, and the government sought to remove him from the country in 2016. Barton argued he should be eligible to stay. Justice Brett Kavanaugh noted in his opinion for the court's conservatives that it was important that Barton's 1996 crime took place in the first seven years he was admitted to the country.

Kavanaugh wrote that “when a lawful permanent resident has amassed a criminal record of this kind,” immigration law makes them ineligible to ask to be allowed to stay in the country.


Hawaii Judiciary postpones state court trials amid pandemic
Court News | 2020/04/16 23:28
Hawaii Chief Justice Mark Recktenwald has announced an order to postpone all state court trials amid the coronavirus pandemic, the state Judiciary said.

The order states all state trials in civil, criminal and family courts be postponed until May 29 or the termination of Gov. David Ige’s state of emergency, whichever is sooner, the Honolulu Star-Advertiser reported.

The exception would be if the chief judge of a circuit court orders otherwise.

“While our community has responded well to stay-at-home orders and the results of these public health measures have been encouraging, the Judiciary must continue to do our part to protect the health and safety of our court personnel and court users," Recktenwald said.

The Committee on Operational Solutions was also formed under the order. The committee would accelerate the courts’ capabilities to conduct proceedings remotely due to the pandemic and would plan for the timely transition to return to increased court operations in the coming months.

Recktenwald has encouraged teleconferencing and videoconferencing to address as many cases as possible and appropriate to combat the spread of COVID-19.



Texas clinics ask Supreme Court to abortions during pandemic
Court News | 2020/04/10 13:01
Abortion clinics in Texas on Saturday asked the Supreme Court to step in to allow certain abortions to continue during the coronavirus pandemic.

The clinics filed an emergency motion asking the justices to overturn a lower-court order and allow abortions when they can be performed using medication.

Texas Gov. Greg Abbott issued an executive order last month that bars non-essential medical procedures so that medical resources can go to treating coronavirus patients. Texas' attorney general has said that providing abortions other than for an immediate medical emergency would violate the order.

A three-judge panel of the 5th U.S. Circuit Court of Appeals on Friday allowed abortions to proceed in cases where a woman would be beyond 22 weeks pregnant, the legal limit for abortions in Texas, on April 22, the day after the governor's order barring non-essential medical procedures is set to expire.


Court lifts part of order blocking Texas abortion ban
Court News | 2020/04/09 13:03
A federal appeals court on Friday partially rescinded a lower-court order that had largely blocked the enforcement of an abortion ban in Texas during the coronavirus pandemic.

By a 2-1 vote, the three-judge panel of the 5th U.S. Circuit Court of Appeals upheld enforcement of an executive order by Texas Gov. Greg Abbott that includes abortion among non-essential medical procedures banned during the state of emergency.

However, the appeals court allowed the procedure to go ahead if delays would place the pregnancy beyond the 22-week state cutoff for abortions.

The ruling was agreed to by Judges Jennifer Walker Elrod, an appointee of President George W. Bush, and Kyle Duncan, an appointee of President Donald Trump. Judge James L. Dennis, an appointee of President Bill Clinton, dissented and opposed any stay of the lower-court order.

COVID-19 is the illness caused by the new coronavirus. For most people, the virus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia.



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