|
|
|
Supreme Court divided in 1st big abortion case of Trump era
Court Watch |
2020/03/09 03:06
|
A seemingly divided Supreme Court struggled Wednesday with its first major abortion case of the Trump era, leaving Chief Justice John Roberts as the likely deciding vote.
Roberts did not say enough to tip his hand in an hour of spirited arguments at the high court.
The court’s election-year look at a Louisiana dispute could reveal how willing the more conservative court is to roll back abortion rights. A decision should come by late June.
The outcome could have huge consequences at a time when several states have passed laws, being challenged in the courts, that would ban abortions after a fetal heartbeat is detected, as early as six weeks.
The justices are weighing a Louisiana law requiring doctors who perform abortions to have admitting privileges at a nearby hospital. A federal judge found that just one of Louisiana’s three abortion clinics would remain open if the law is allowed to take effect. The federal appeals court in New Orleans, though, upheld the law, setting up the Supreme Court case.
Justice Ruth Bader Ginsburg noted, as she had before, that “among medical procedures, first trimester abortion is among the safest, far safer than childbirth.” The abortion clinic in Shreveport at the heart of the case reported transferring just four patients to a hospital out of roughly 70,000 it has treated over 23 years, Justice Elena Kagan noted. |
|
|
|
|
|
|
Ex-Phoenix area sheriff declares victory despite court loss
Court Watch |
2020/03/03 04:39
|
Former Phoenix-area Sheriff Joe Arpaio lost a bid to erase his criminal conviction for disobeying a 2011 court order, but claimed victory Thursday after an appeal's court said the verdict no longer has any legal consequence because of President Donald Trump's pardon.
The 9th Circuit Court of Appeals explained Arpaio was pardoned before he could be sentenced and that the final judgment in the case ended up dismissing the contempt charge.
“They can’t use that conviction against me in a court of law,” Arpaio said. “That’s a win.”
Gabriel “Jack" Chin, a professor at the University of California, Davis School of Law, agreed. “Even though Mr. Arpaio did not get the district court's findings vacated, he still won his case.
”The Ninth Circuit clearly ruled that after the pardon there is neither a conviction for criminal purposes (say, sentencing in the future), nor a finding of fact binding in any future criminal or civil cases," Chin added. “On the other hand, the underlying facts are out there for whatever the court of public opinion wants to do with them.”
Arpaio was convicted for disobeying an order barring his traffic patrols that targeted immigrants.
The 87-year-old lawman, who was defeated for reelection in 2016 after six terms, had argued the misdemeanor contempt of court conviction should be removed from his record so it can't be raised against him in future court cases.
A 2017 lower court decision said Trump’s pardon removed his possible punishments and that pardons don’t erase convictions or the facts of cases. |
|
|
|
|
|
|
Florida can’t bar felons who served their time from registering to vote
Court Issues |
2020/02/20 18:47
|
A federal appeals court has ruled that Florida cannot bar felons who served their time from registering to vote simply because they have failed to pay all fines and fees stemming from their cases.
A three-judge panel of the 11th U.S. Circuit Court of Appeals on Wednesday upheld a Tallahassee federal judge's decision that the law implementing Amendment 4 amounted to an unfair poll tax.
Amendment 4 was passed overwhelmingly by voters in 2018 to allow as many as 1.6 million ex-felons to regain their right to vote.
The Republican-led Legislature passed a law saying they had to pay any fines and fees first. GOP Gov. Ron DeSantis plans to ask the full 11th Circuit to reconsider the ruling. |
|
|
|
|
|
|
Trump ally Roger Stone sentenced to over 3 years in prison
Law Firm News |
2020/02/20 18:46
|
Trump loyalist and ally Roger Stone was sentenced Thursday to more than three years in federal prison, following an extraordinary move by Attorney General William Barr to back off his Justice Department’s original sentencing recommendation.
U.S. District Court Judge Amy Berman Jackson said Stone’s crimes demanded a significant time behind bars, but she said the seven to nine years originally recommended by the Justice Department were excessive.
Stone’s lawyers had asked for a sentence of probation, citing his age of 67 years, his health and his lack of criminal history. Instead, he drew 40 months.
Stone had no immediate reaction in court when Jackson announced his sentence. Later, he emerged from the courthouse to a crowd exchanging back and forth chants of “Lock him up” and “Pardon Roger Stone.” Stone got into a black SUV without speaking to reporters.
His attorney Bruce Rogow said Stone and his team would “have no comment.” The judge delayed execution of his sentence while she considers Stone’s motion for a new trial.
Stone was convicted in November on all seven counts of an indictment that accused him of lying to Congress, tampering with a witness and obstructing the House investigation into whether the Trump campaign coordinated with Russia to tip the 2016 election.
The sentence came amid Trump’s unrelenting defense of his longtime confidant that has led to a mini-revolt inside the Justice Department and allegations the president has interfered in the case.
Trump took to Twitter to denounce as a “miscarriage of justice” the initial recommendation by Justice Department prosecutors that Stone receive at least seven years in prison. Attorney General William Barr then backed off that recommendation, prompting four prosecutors to quit Stone’s case.
Jackson angrily denied that Stone was being punished for his politics or his allies. “He was not prosecuted, as some have claimed, for standing up for the president. He was prosecuted for covering up for the president,” she said.
She said Stone’s use of social media to stoke public sentiment against the prosecution and the court was intended to reach a wide audience, including using a photo of Jackson with crosshairs superimposed. |
|
|
|
|
|
| Lawyer & Law Firm Websites |
|
|
Legal News RSS Feed
