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Trump administration asks Supreme Court to allow asylum ban
Law Firm News |
2018/12/12 12:13
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The Trump administration is asking the Supreme Court to allow enforcement of a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border.
Two federal courts have temporarily blocked the policy President Donald Trump announced in November in response to caravans of migrants that were approaching the border. Last week, the federal appeals court in San Francisco said the ban is inconsistent with federal law and an attempted end-run around Congress.
The administration said in court papers filed Tuesday that the nationwide order preventing the policy from taking effect “is deeply flawed” and should be lifted pending an appeal that could reach the high court.
Trump’s proclamation is among measures that “are designed to channel asylum seekers to ports of entry, where their claims can be processed in an orderly manner; deter unlawful and dangerous border crossings; and reduce the backlog of meritless asylum claims,” Solicitor General Noel Francisco wrote in his Supreme Court filing.
Lee Gelernt, an American Civil Liberties Union lawyer representing immigrant advocacy groups challenging the asylum policy, said, “The Trump administration is asking the Supreme Court to short-circuit the normal judicial process and reinstate a blatantly unlawful policy.”
Justice Elena Kagan, who handles emergency appeals from California and other western states, called for a response from opponents of the asylum policy by midday Monday.
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Lump of coal? Taxes more likely for online gifts this season
Law Firm News |
2018/12/02 14:00
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The Supreme Court is set to hear arguments about an exception to the Constitution's ban on being tried for the same offense. The outcome could have a spillover effect on the investigation into Russian meddling in the 2016 election.
The justices are taking up an appeal Thursday from federal prison inmate Terance Gamble. He was prosecuted separately by Alabama and the federal government for having a gun after an earlier robbery conviction.
The high court is considering whether to overturn a court-created exception to the Constitution's double-jeopardy bar that allows state and federal prosecutions for the same crime. The court's ruling could be relevant if President Donald Trump were to pardon someone implicated in
Supreme Court lawyer Tom Goldstein joked at a Washington event before the term began in October that the high court case should be called New York v. Manafort, a reference to former Trump campaign manager Paul Manafort. Trump has refused to rule out an eventual pardon for Manafort, who has been convicted of federal financial fraud and conspiracy crimes. It's by no means certain that the high court ruling will affect future prosecutions.
But Trump's Justice Department is urging the court not to depart from what it says is an unbroken line of cases reaching back nearly 170 years in favor of allowing prosecutions by state and federal authorities. Thirty-six states that include Republican-led Texas and Democratic-led New York are on the administration's side, as are advocates for Native American women who worry that a decision for Gamble would make it harder to prosecute domestic and sexual violence crimes. |
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Court expert says federal opioid lawsuit should move forward
Law Firm News |
2018/10/08 11:09
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A court-appointed expert in a case with national implications for addressing the opioid epidemic is recommending that a pivotal lawsuit move forward.
Drug makers, distributors and pharmacies had argued that a lawsuit filed by Summit County, Ohio, should be dismissed. The case is among more than 1,000 cases filed by local and state governments against the industry in federal courts.
They have been consolidated under U.S. District Judge Dan Polster in Cleveland. He is pushing the companies and governments to reach a settlement, but also has scheduled trials for the case from Summit County and some other places for next year.
They would serve as test cases for rulings in other lawsuits. Polster has given the parties two weeks to object to a special master's report issued Friday. |
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Court suspends law license for SC prosecutor facing charges
Law Firm News |
2018/09/27 03:19
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defendants to pay for personal trips to Europe and the Galapagos Islands.
The court issued that order Monday for 5th Circuit Solicitor Dan Johnson, whose jurisdiction includes Richland and Kershaw counties, along with the state's capital city of Columbia.
Johnson was suspended from office last week following his indictment on more than two dozen federal charges including wire fraud and theft of government funds. His communications director, Nicole Holland, faces the same 26 charges.
State and federal authorities have been investigating the travel and spending habits of Johnson, who logged more than 70 days of travel over a period of less than two years. Trips to locations including Amsterdam, Colombia and the Galapagos Islands were reflected in credit card bills and receipts released by a nonprofit that obtained them through open-records laws.
The money, prosecutors said, was taken from state and federal accounts holding assets forfeited by defendants in illegal drug cases. Johnson recently lost a primary bid for a third term and hasn't responded to messages about charges against him. Previously, he has declined to answer specific questions about his travels but has said he didn't intend for public money to be used for personal expenses. |
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