Monday, October 7, 2019

Supreme Court won’t intervene over West Virginia justices

The U.S. Supreme Court said Monday it will leave in place a court decision that derailed the impeachment trials of three West Virginia Supreme Court justices accused of corruption. The case was one of a long list of those the Supreme Court announced it wouldn’t hear, and as is usual the high court made no comment in declining to take the case. Monday was the Supreme Court’s first day of arguments after its summer break. The case the high court declined to review was a decision by five acting justices of West Virginia’s highest court who ruled last year that prosecuting then-state Supreme Court Chief Justice Margaret Workman in the state Senate would violate the state constitution’s separation of powers clause. That ruling in Workman’s case was later applied to also halt impeachment proceedings against two other justices who have since left the court: Robin Davis and Allen Loughry. Davis retired after the House approved impeachment charges against her. Loughry resigned after being convicted of felony fraud charges in federal court. West Virginia House lawmakers had impeached the justices in 2018 over questions involving lavish office renovations that evolved into accusations of corruption, incompetence and neglect of duty. But the acting justices’ ruling halted state Senate impeachment trials. Workman remains on the court but is no longer chief justice. The current chief justice, Elizabeth Walker, was also impeached by the House, but was cleared at her Senate trial, which took place before the acting justices’ ruling in Workman’s case. House of Delegates Speaker Roger Hanshaw had said previously that the hope in asking the Supreme Court to take the case was not to seek permission to restart impeachment proceedings but to correct legal errors in the decision.

Monday, September 30, 2019

High Court overturns city mandate on construction projects

A divided Ohio Supreme Court has upheld a state law invalidating a Cleveland requirement that public construction contractors hire city residents for a portion of work on projects. A 2003 Cleveland ordinance mandates that residents must perform 20% of the total hours on public construction projects over $100,000. The GOP-controlled Legislature approved a bill in 2016 stripping local governments of the ability to impose such residency requirements on contractors. The high court on Tuesday sided with the state in a 4-3 decision. Mayor Frank Jackson says the city will ask the Court to reconsider the ruling immediately. Cleveland City Council President Kevin Kelley says the ruling is an attack on "the ability of cities to help life people out of poverty and establish careers. Supreme Court ruling clear, but Brexit future still murky The landmark British Supreme Court ruling that Prime Minister Boris Johnson's suspension of Parliament was unlawful did not deal directly with plans for Britain's anticipated departure from the European Union. Brexit will however be top of the agenda in Parliament now that lawmakers have returned. As things stand, Britain is scheduled to leave the EU on Oct. 31 unless the British government requests an extension and the other 27 EU countries agree to a further delay. However, Parliament passed a bill earlier this month before Johnson suspended Parliament requiring the prime minister to seek a three-month extension if no withdrawal agreement has been reached with the EU by Oct. 19. Johnson insists that he is pursuing a deal with the EU, but has repeatedly said that if there is no deal, he will take Britain out of the EU on the scheduled Brexit date rather than request an extension. For most economists, including those in government and the Bank of England, a no-deal Brexit would trigger a recession as trade barriers, including tariffs, are put up between Britain and the EU. There's also a widespread expectation that there will be gridlock at Britain's ports, and shortages of some food and medicine.

Transgender woman in Supreme Court case 'happy being me'

Aimee Stephens lost her job at a suburban Detroit funeral home and she could lose her Supreme Court case over discrimination against transgender people. Amid her legal fight, her health is failing. But seven years after Stephens thought seriously of suicide and six years after she announced that she would henceforth be known as Aimee instead of Anthony, she has something no one can take away. The Supreme Court will hear Stephens' case Oct. 8 over whether federal civil rights law that bars job discrimination on the basis of sex protects transgender people. Other arguments that day deal with whether the same law covers sexual orientation. The cases are the first involving LGBT rights since the retirement of Justice Anthony Kennedy, the court's gay-rights champion and decisive vote on those issues. They probably won't be decided before spring, during the 2020 presidential campaign. The 58-year-old Stephens plans to attend the arguments despite dialysis treatments three times a week to deal with kidney failure and breathing problems that require further treatment. She used a walker the day she spoke to AP at an LGBT support center in the Ferndale suburb north of Detroit. "I felt what they did to me wasn't right. In fact, it was downright wrong," Stephens said, her North Carolina roots evident in her speech. "But I also realized it wasn't just me, that there were others in the world facing the same tune." On the other side of the case is the R.G. and G.R. Harris Funeral Homes, whose owner worries that a ruling for Stephens also would prohibit sex-specific sleeping facilities in shelters, as well as showers, restrooms and locker rooms. Congress can change the law to make explicit protections for LGBT people if it wishes, owner Thomas Rost says in court papers. More than half the states do not prohibit discrimination in employment because of gender identity or sexual orientation, despite the Supreme Court's 2015 ruling that made same-sex marriage legal across the United States. In Michigan, the state's civil rights commission last year decided to interpret existing state law to protect LGBT people from workplace bias. But that wouldn't affect Stephens, who was fired in 2013.

Trial begins Monday in Kansas abortion stalking lawsuit

A federal jury will decide whether the operator of a Wichita abortion facility had reasonable grounds to seek a protection-from-stalking order against an abortion protester. Jury selection begins Monday in the federal lawsuit filed by anti-abortion activist Mark Holick against clinic operator Julie Burkhart. The lawsuit stems from anti-abortion protests in 2012 and 2013 in front of Burkhart's home and in her neighborhood. She subsequently got a temporary protection-from-stalking order against him that was dismissed two years later. U.S. District Judge John Broomes has already thrown out some of the lawsuit's claims, but left it to a jury to decide whether the facts constituted malicious prosecution. Kings coach Walton focused on team, not lawsuit Sacramento Kings first-year coach Luke Walton says he is focused on his team and not worried about a lawsuit accusing him of sexual assault. Walton spoke publicly Friday at Kings media day for the first time since a former sportscaster filed a civil suit against him in April accusing him of the assault. "I'm here to do my job and focus on the Kings," Walton said. "The rest will take care of itself." Walton was hired by the Kings in April, soon after being fired following three seasons as coach of the Los Angeles Lakers. He was sued shortly after being hired by Kelli Tennant, a former host on Spectrum SportsNet LA, who accused him of sexually assaulting her in a hotel room in 2014 when he was an assistant with the Golden State Warriors and harassing her after that during his tenure with the Lakers. The Kings and the NBA investigated the charges but took no action against Walton when "investigators determined that there was not a sufficient basis to support the allegations." Tennant did not participate in the investigation. Walton still faces a civil suit but has said in a court filing that the allegations aren't backed up in facts. He said the suit is not a distraction to his job.

Monday, July 29, 2019

Cyprus police frees 5 Israelis, 7 held in hotel rape probe

A Cyprus court on Friday extended the detention of seven of the 12 Israeli teenagers initially arrested as suspects in the rape of a 19-year-old British woman. The court ordered the suspects to remain in police custody for another six days to give investigators time to finish looking into the woman’s reported rape at a hotel in the resort town of Ayia Napa. Defense lawyer Nir Yaslovitzh says five other suspects were released from custody on Thursday and have returned to Israel. Lawyer Yiannis Habaris told The Associated Press that police investigators confirmed that the five released Israelis had no connection with the case. Habaris represents four suspects, two of whom were among those who were released. Habaris said investigators connected the seven remaining suspects to the case through witness statements as well as DNA evidence which link three of the seven to the alleged victim. The Cypriot lawyer said the suspects offered investigators certain “explanations” into their whereabouts at the time of the alleged crime. The court heard that the alleged victim was involved in a relationship with one of the seven suspects and had sexual contact with several of the remaining six over the course of a few days, Habaris said. Habaris said investigators may decide to take the case to trial before a criminal court if any of the seven suspects aren’t released in the coming days. Yaslovitzh, an Israeli lawyer who represents three of the 12 Israelis, alleged the release of the five damaged the accuser’s credibility because she told police a dozen individuals sexually assaulted her. Yaslovitzh also urged Cypriot investigators to look into the woman’s actions at the hotel where the alleged crime occurred and where she was also working. The seven suspects again covered their faces with their shirts as they entered and exited the courthouse. They face charges of rape and conspiracy to commit rape. Yaslovitzh had said after the initial custody hearing that all 12 Israelis had come on holidays to Cyprus in three separate groups and didn’t know each other. Some had gone on vacation prior to being inducted into the Israeli army.

Democratic governor getting to shape Kansas' top court

The Kansas Supreme Court's chief justice plans to retire before the end of the year, allowing first-year Democratic Gov. Laura Kelly to leave a bigger mark on the state's highest court than her conservative Republican predecessors. Chief Justice Lawton Nuss announced Friday that he would step down Dec. 17 after serving on the court since 2002 and as chief justice since 2010. During Nuss' tenure as chief justice, GOP conservatives increasingly criticized the court as too liberal and too activist for the state over rulings on abortion, capital punishment and public school funding. His announcement came a little more than two weeks after Justice Lee Johnson, another target of criticism on the right, announced plans to retire in September. That means Kelly will have two appointments to the seven-member court since she took office in January when conservative GOP Govs. Sam Brownback and Jeff Colyer had only one appointee between them during the previous eight years. Both justices voted repeatedly to direct legislators to increase education funding in recent years and were part of the 6-1 majority that declared in April that the state constitution protects access to abortion as a "fundamental" right. They also voted to overturn death sentences in capital murder cases, though Nuss concluded that the death penalty law itself is constitutional.

Saturday, July 13, 2019

The Latest: Trump considers executive order on census query

President Donald Trump says he is “very seriously” considering an executive order to get a citizenship question on the 2020 Census. The Justice Department says it will continue to search for legal grounds to force the inclusion of the question. Trump says his administration is exploring a number of legal options, but the Justice Department has not said exactly what options remain now that the Supreme Court has barred the question, at least temporarily. The government has already begun the process of printing the census questionnaire without that question. The administration’s focus on asking broadly about citizenship for the first time since 1950 reflects the enormous political stakes and potential costs in the once-a-decade population count. The Justice Department says it will continue to look for legal grounds to force the inclusion of a citizenship question on the 2020 Census. But the department says it’s unclear how that will happen. That’s according to a lawyer for the plaintiffs who took part in a conference call Friday with government lawyers and a federal judge who demanded clarification of the administration’s plans. President Donald Trump had reopened what appeared to be a final decision by his administration to proceed without the citizenship question on the next census.