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Biden to focus on health care in Supreme Court debate
U.S. Court News | 2020/09/20 15:54
Joe Biden on Sunday used the sudden Supreme Court vacancy to reinforce his argument that the upcoming election should be a referendum on President Donald Trump's handling of health care and the coronavirus.

The death of Justice Ruth Bader Ginsburg jolted the presidential campaign just six weeks before the election and as several states are already voting. Trump has seized on the opportunity to nominate a new justice to motivate his most loyal voters. Biden kept the focus on health care, which has proven to be a winning issue for Democrats during previous elections and could be even more resonant amid the pandemic.

The Supreme Court will hear a Republican-led case seeking to throw out the Affordable Care Act, which the Trump administration supports, the week after the Nov. 3 election. Biden charged that Trump is seeking to undermine the protections for people with pre-existing conditions under the ACA, as well as its provisions covering preventative care for women.

“Millions of Americans are voting because they know their health care hangs in the balance," Biden said during remarks at Constitution Center in Philadelphia. “In the middle of the worst global health crisis in living memory, Donald Trump is before the Supreme Court, trying to strip health care coverage away from tens of millions of families.”

The Supreme Court could also hear cases on a few more particularly salient issues in the next few months: voting rights, and potentially who wins the November election.

Biden is expected to focus in the weeks ahead on the Democratic fight to prevent a nominee from being confirmed to the court, with a particular emphasis on the effect the court could have on health care and climate change. Biden aides stopped short of ruling out the possibility the campaign would advertise around the court fight, though that decision hadn’t been finalized.


Judges: Trump can’t exclude people from district drawings
U.S. Court News | 2020/09/09 10:33
Saying the president had exceeded his authority, a panel of three federal judges on Thursday blocked an order from President Donald Trump that tried to exclude people in the country illegally from being counted when congressional districts are redrawn.

The federal judges in New York, in granting an injunction, said the presidential order issued in late July was unlawful. The judges prohibited Commerce Secretary Wilbur Ross, whose agency oversees the U.S. Census Bureau, from excluding people in the country illegally when handing in 2020 census figures used to calculate how many congressional seats each state gets.

According to the judges, the presidential order violated laws governing the execution of the once-a-decade census and also the process for redrawing congressional districts known as apportionment by requiring that two sets of numbers be presented ? one with the total count and the other minus people living in the country illegally.

The judges said that those in the country illegally qualify as people to be counted in the states they reside. They declined to say whether the order violated the Constitution.

“Throughout the Nation’s history, the figures used to determine the apportionment of Congress ? in the language of the current statutes, the ‘total population’ and the ‘whole number of persons’ in each State ? have included every person residing in the United States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without,” the judges wrote.

Opponents of the order said it was an effort to suppress the growing political power of Latinos in the U.S. and to discriminate against immigrant communities of color. They also said undocumented residents use the nation’s roads, parks and other public amenities and should be taken into account for any distribution of federal resources.

The lawsuits challenging the presidential order in New York were brought by a coalition of cities, civil rights groups and states led by New York. Because the lawsuits dealt with questions about apportionment, it was heard by a three-judge panel that allows the decision to be appealed directly to the U.S. Supreme Court.

The judges agreed with the coalition that the order created confusion among undocumented residents over whether they should participate in the 2020 census, deterring participation and jeopardizing the quality of the census data. That harm to the census was a sufficient basis for their ruling and they didn’t need to rely on the speculation that a state would be hurt by possibly losing a congressional seat if people in the country illegally were excluded from apportionment, the judges said.


High Court in London backs Virgin Atlantic's rescue plan
U.S. Court News | 2020/09/01 09:10
Virgin Atlantic’s 1.2 billion-pound ($1.6 billion) restructuring plan was approved Wednesday by the High Court in London, allowing the international airline to continue rebuilding its operations after the devastation caused by the coronavirus pandemic.

The deal, which has already been approved by creditors, must now be confirmed in the U.S. courts.

The airline announced the refinancing package in July to ensure its survival after passenger numbers dropped 98% in the second quarter. It includes 600 million pounds of support from the airline’s owners, Virgin Group and Delta Airlines, 450 million pounds of deferred payments to creditors and 170 million pounds of financing from U.S.-based Davidson Kempner Capital Management LP.

Virgin Atlantic, founded in 1984 by Richard Branson’s Virgin Group, has already cut 3,550 jobs, shuttered operations at London’s Gatwick Airport and announced plans to retire 11 aircraft as it seeks to weather the slowdown in air travel. The airline says it doesn’t expect passenger volume to return to pre-pandemic levels until 2023.

"Achieving this significant milestone puts Virgin Atlantic in a position to rebuild its balance sheet, restore customer confidence and welcome passengers back to the skies, safely, as soon as they are ready to travel,” the company said in a statement.

Delta invested $360 million in Virgin Atlantic in December 2012, acquiring a 49% stake in the airline. Virgin Group owns the remaining shares.

Virgin flies from London’s Heathrow Airport and Manchester to destinations in the U.S., China, India, Pakistan, South Africa, Nigeria, Israel and the Caribbean.


1st Black woman confirmed to be justice on NJ high court
U.S. Court News | 2020/08/27 18:19
The nomination of the first Black woman to sit on New Jersey’s Supreme Court was confirmed Thursday by the state Senate.

Fabiana Pierre-Louis, a 39-year-old attorney in private practice and a former federal prosecutor, was nominated by Democratic Gov. Phil Murphy in June to succeed Justice Walter Timpone. He was nominated to the court by former Republican Gov. Chris Christie in 2016 and will reach the mandatory retirement age of 70 later this year.

“Ms. Pierre-Louis is a New Jersey success story who will bring more diversity to the highest court of the most diverse state in the country,” said Senate President Steve Sweeney, also a Democrat. She is Murphy’s first pick for the high court.

The daughter of Haitian immigrants, Pierre-Louis was the first person to go to law school in her family. At the event in Trenton in June with Murphy, she seemed to get choked up talking about the role they played in her life.

“Many years ago, my parents came to the United States from Haiti with not much more than the clothes on their backs and the American dream in their hearts. I think they have achieved that dream beyond measure because my life is certainly not representative of the traditional trajectory of someone who would one day be nominated to the Supreme Court of New Jersey,” she said.

Pierre-Louis is a partner at Montgomery McCracken in Cherry Hill, where she is in the white collar and government investigations practice.

Before that, she served for nearly a decade as an assistant United States Attorney in New Jersey.

As part of that role, she served as the attorney-in-charge of the Camden branch office — the first woman of color to hold that a position, according to her biography on Montgomery McCracken’s website.

Murphy, a Democrat, said that Pierre-Louis would carry on the legacy of John Wallace, who was the last Black justice on the state’s highest court and who she clerked for.

Murphy lamented that Wallace was not renominated when his first term expired in 2010 — the first time that had happened under the state’s current constitution.


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